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CONTESTED-ELECTION CASE 


OP 

JAMES WICKERSHAM 

V. 

CHARLES A. SULZER, Deceased, 

AND 

GEORGE B. GRIGSBY 


FROM THE TERRITORY 
OF ALASKA 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1920 



A 

CONTESTED-ELECTION CASE 


JAMES WICKERSHAM 


CHARLES A. SULZER, Deceased, 

AND 


GEORGE B. GRIGSBY 


FROM THE TERRITORY 
OF ALASKA 


Gy 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 
1920 


20-\oM 


CONTESTED ELECTION CASE 


OF 


JAMES WICKERSHAM v. CHARLES A. SULZER, DECEASED, 


AND 

GEQRGE B. GRIGSBY, 

FROM THE 

TERRITORY OF A^^^SKA. 


NOTICE AND GROUNDS OF CONTEST. 

[House Document No. 74, Sixty-sixth Congressj, first session.] 

House of Representatives, 

Washington, D. C., June 2, 1919. 

Sir: I have the honor to present herewith a letter from the Hon. James 
Wickersham inclosing the original copy of a. notice of contest and the petition 
and statement specifying particularly the grounds of his contest for a seat 
in the House of Representatives of the Sixty-sixth Congress as Delegate from 
the Territory of Alaska, which notice o,f contest could not, it is stated, be 
served on said Sulzer owing to his death two days Pfiof to the issuance of 
his certificate of election, by the canvassing board of the Territory of Alaska. 

Very respectfully, 

WiFLiAM Tyler Page, 

Clerk of the Douse of Representatives. 

The Speaker of the House of Representatives, 

Washington, D. C. 


.luNEAU, Alaska, May 3, 1919. 

Sir: Herewith inclosed is the original cop^v of U notice of contest and the 
petition and statement specifying particularly the grounds upon which I rely 
in making tbe contest for the office of Delegate from Alaska to the Sixty-sixth 
Congress. I had a complete copy of this notice of contest and the petition and 
statement ready for service upon, Hon. Charles A. Sulzer, whom I had made 
contestee, but unhappily IVIr. Sulzer died two days before the canvassing board 
finished its compilation and canvass of the election returns of November 5, 
1918. and two days before it declared him elected and issued a certificate, so 
it was impossible to make service upon him prior to his decease. This copy 
is sent to you for filing, and I respectfully request that it be presented by you 
to the House of Representatives on the first day of its opening session at 
the special session to be called b,y the President. 

I also respectfully request the Speaker of the House of Representatives to 
refer the matter of the contest to one of the Election Committees as soon 
as it shall be appointed by the House. 

Respectfully, 

James Wickersham. 

Hon. South Trimble, 

Clerk of the House of Representatives, 

Washington, D. C. 




4 


WICKERSHAM VS. SULZER_, DECEASED^ AND GRIGSBY. 


To the House of Representatives, 

Congress of the United States, Washington, D. C. 

Please take notice that it is my intention to and I shall contest the action 
of the canvassing board of 'the Territory of Alaska in issuing a certificate of 
election as Delegate to Congress from Alaska, based upon the returns of the 
election held in said Territory on November 5, 1918, to Hon. Charles A. Sulzer, 
deceased, some days after his demise, upon the allegations and proofs contained 
in the following petition and attached thereto, and proofs taken in support 
thereof. 

It is my intention to and I shall contest said election for the reason that 
this contestant received the greatest number of votes cast for any candidate at 
said election for Delegate to Congress from Ahiska, and because contestant, 
and not said Sulzer, was duly and legally elected as such Delegate at said 
election, and because tbe action of the canvassing board was illegal and void. 

And aLso take notice that annexed hereto is a petition addressed to the- 
House of Representatives, specifying particularly the grounds upon which 
I rely in making said contest, and that this notice and petition are served 
by delivery to the House of liepresentatives because the said Hon. Charles A. 
Sulzer died in Alaska on April 15, 1919, before the certilicate of election was 
issued to him. 

Dated this 3d day of May, 1919. 

James Wickersham, Contestant. 


To the House of Representatives of the United States, Sixty-sixth Congress: 

Comes now James Wickersham, contestant, and particularly specifies the 
following grounds upon which he relies in the contest herein against the certifi¬ 
cate of election issued to the Hon. Charles A. Sulzer, deceased. 

I. That at all the times mentioned in this petition and ever since the passage 
and approval of the act of Congress entitled “ An Act providing for the election 
of a Delegate to the Honse of Representatives from the Territory of Alaska,” 
approved May 7, 1906 (34 Stat. L., 169), it was and is the law of the United 
States that the people of the Territory of Alaska shall be represented by a 
Delegate in the House of Representatives of the United States, chosen by the 
people thereof in the manner and at the time prescribed by the laws of the 
United States, and who shall be known as the Delegate from Alaska. 

II. That at the general election held pursuant to the statutes of the United 
States in the Territory of Alaska on the 5th day of November, 1918, this con¬ 
testant was a duly nominated candidate for the said office of Delegate from 
Alaska; that upon the date of said election this contestant was a native-born 
citizen of the United States and was then and is now, and for more than 18 
years last past has been, an inhabitant and a qualified voter in the Territory of 
Alaska, and on the said 5th day of November, 1918, was not less than 25 years 
of age. and was then of the age of 61 years, and a resident of the town of 
Fairbanks, in said Territory of Alaska. 

HI. That under and pursuant to the ternfs of the laws of the Territory of 
Alaska applicable to elections this contestant had been and was duly nominated 
as the Republican candidate for the office of Delegate from Alaska and Charles 
A. Sulzer had been and was duly nominated as the Democratic candidate for 
said office, and Francis Connolly had been and was duly nominated as the 
Socialist candidate for the said office, and all of said individuals were entitled 
as such candidates to have their names printed on the official ballot to be used 
at the said election of November 5, 1918. 

IV. That at the said election so held in the Territory of Alaska on the 5th 
day of November, 1918, this petitioner, James Wickersham, contestant, received 
the greatest number of legal votes cast for any person or candidate for the 
office of Delegate from Alaska, and thereby was and now is the duly elected 
Delegate to Congress from said Territory of Alaska, and was thereupon and 
now is entitled, under the laws of the United States, to a seat as Delegate 
from Alaska in the House of Representatives in the Congress of the United 
States in the Sixty-sixth Congress. 

V. That the canvassing board of the Territory of Alaska provided by the 
laws of Congress for the canvass and confpilation of the returns of said election 
and authorized to issue the certificate of election to the person receiving the 
greatest number of legal votes thereat was composed of the governor, the 
secretary of the Territory, and the collector of customs; that each and all of 



5 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Sfiid officGis ^\Gle <it all such tiiiiGs of tliG oppositG political party to this con- 
tGStant and wgi’g his partisan oppoiiGiits; that SGoking to Ginbarrass and dolay 
this contGStant in SGcnring; a prompt and fair sGttlGinGiit of his rights in the 
inattGr of said ofiicG, and in ascGrtaining tliG result of said election so held 
in said Territory on November 5, 1918, the said canvassing hoard purposely 
delated the colle(*tion of the official election returns ami the canvass thereof 
from month to month until April 16, 1919, whereupon, learning that their 
candidate, Charles A. Siilzer, was then dead, they finally and hurriedly con¬ 
cluded the canvass and compilation and issued the certificate of election in the 
name of the said Sulzer, knowing hinf to he then deceased, and forwarded it 
at once to the Clerk of the House of Representatives some days after his 
death ; that all the various (‘lection officers in Alaska having the conduct of 
said election of November 5, 1918, were appointed by the partisan official 
opponents of Uiis contestant without permitting him or his friends to choose 
e\en a minority representative^ on said election hoards, and all said officials 
actively engaged in seeking to prevent this cont(‘stant’s reelection at said 
polls; that such officials controlled the receipt of ballots on election day 
gave the benefit of all doubtful (piestions arising in said polls against 
contestant; that all the returns of said election were so prepared by the 
officials and all doubtful (iiu^stions and ballots therein were settled in opposi¬ 
tion to this contestant and in favor <^f said Sulzer; that the returns of said 
election were at all times from November 5, 1918, to the final conclusion of the 


and 

this 

said 


canvass and compilation thereof on April 16, 1919, in the possession of the said 
partisan opponents of contestant and were at all such times subject to their 
inspection and manipulation, whereby all doubts and (|uestions arising in said 
election, in the acceptance or rejecti<^n of ballots, and in the returns and 
canvass were decided by his opponents against this contestant, and if any 
changes, alterations, and frauds wei’e perpetrated in said election and in the 
conduct thereof, in the returns and in the canvass and compilation of the same, 
they wei;e so conrmitted by the i)ai-tisans, friends, and supporters of the said 
Charales A. Sulzer, and not otherwise. 

A’l. That (ll'arles A. Sulzer, the said candidate for Delegate on the Demo¬ 
cratic ticket in opposition to this contestant, died suddenly en route from his 
home at Sulzer post office, Alaska, to Ketchikan, Alaska, on the evening of 
April 15, 1919, and thereafter, on April 16, 1919, after being duly notified that 
he was dead, said canvassing hoard completed the long-delayed compilation 
of said election returns and declared that upon the face of the same said 
Sulzer had been elected by a plurality of 33 votes over this contevstant, a»=nd on 
April 17, 1919, issued a certificate of election in the name of said Charles A, 
Sulzer and forwarded the same to the Clerk of the House of Representatives, 
Washington, D, C., for filing in the records of said House of Representatives. 

VII. That notwithstanding the fact that this contestant was duly and legally 
elected to the oflice of Delegate from Alaska to the House of Representatives 
in Congress at said election on November 5, 1918, the governor of Alaska and 
other. T>artisan official ojtponents of this contestant have caused bills to be 
introduced in the Territorial Legislatur(‘ of Alaska, since said Sulzer’s death, 
to change the laws of Alaska and of the Ignited States in respect to the election 
of a Del(‘gtite to Congress in cases of vacaiu'y, whereby they intend fraudulently 
and in violation of the acts of Congress to conduct a sliam election, officered 
by tluur partisans and those unfriendly to this contestant, and to elect one 
of tlieir official i)artisans in violation of said laws to said alleged vacancy; 
that the said governor, after a caucus of his partisans in .Tuneau, has an¬ 
nounced in their partisan newspaper that it is his intention to issue a call 
for said special election on April 29 immediately after the adjournment of the 
said legislature and to hold the said election on .Tune 3, 1919, all of which is 


in violation of the laws passed by Congress for the conduct of elections for the 
election of a Delegate front Alaska to the Congress of the United States, and 


if carried out as threatened will be unlawful and fraudulent. 

VIII. That the Territorial canvassing board, in canvassing the returns of 
said election of November 5. 1918, and in deciding and determining how many 
votes were cast for each candidate, based their decision exclusively upon the 
face of the certificates of results of the election at each precinct throughout the 
Territory, and upon nothing else, and took into consideration no illegal action, 
error, or mistJike in the conduct of the election by the electors and officials, or 
the determination of the residts thereof by the judges of election, whereby the 
results at certain of the voting precincts in said Territory have been rendered 
and now are wholly or in part erroneous, invalid, and void. 


6 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


IX. That by an act of the Legislature of Alaska, approved by the governor 
thereof on INIay 3,-1917, it was enacted— 

“ Section 1. It shall be the duty of the attorney general of the Territory of 
Alaska to prescribe the form of ollicial ballots, register of votes, registration 
books, certificates and oaths of judges, election certificates, and all other forms 
necessary for the conduct of elections, canvassing of votes, and declaration of 
the result which are now or may he hereafter required by the laws of Congress 
or of the Territorial legislature. 

“ Sec. 2. The attoi-ney general shall furnish such forms to all ollicers whose 
duties it is or shall he to cause the same to he printed and distributed.” 

That so far as the aforesaid act relates to prescribing the forms of ballots 
at said elections, it was and is in violation of the acts of Congress relating to 
the same subject in Alaska and void ; that in so far as it related to preparing 
forms of election blanks in compliance with the law it was complied with in 
part by the attorney general of Alaska for the election of November 5, 1918; 
that in such forms and in instructions to election officers the said attorney gen¬ 
eral instructed said election officers that the act of Congi-ess requiring that 
no person could vote at said election except such person had been for one year 
immediately preceding the date of said election an actual and bona fide resi¬ 
dent of said Territory, and a resident in the voting precinct where he voted for 
at least 30 days immediately preceding the date of said election, was the or¬ 
ganic law of Alaska and must be followed and complied with at said election; 
that such instruction was given to all election officers in said Territory at said 
election ; but that fraudulently intending to permit illegal votes to be cast by 
Democratic partisans in violation of such law and instructions the election 
officers in many precincts, and especially in Ketchikan, Charcoal Point, the 
Juneau precincts, Sulzer, Craig, Baranof, Douglas, and Valdez precincts, and 
a large number of other precincts in said Territory, allowed persons to cast 
their ballots therein well knowing that sucli '^rsons were not qualified to vote 
in such precincts under the acts of Congress and the instructions of the attor¬ 
ney general. 

X. That the facts upon which this contestant bases his allegation that many 
of said certificates of results of election in the various election precincts are 
void or erroneous, or incorrectly state the number of legal votes cast for each 
candidate, are as hereinafter more particularly set forth, to wit: 

1. That on November 5, 1918, the said Charles A. Sulzer was a resident of 
the Sulzer voting precinct, at Sulzer post office, on Prince of Wales Island, in 
the Territory of Alaska, and had been a resident there continuously for several 
years then last passed; that he had actually resided therein at Sulzer post 
office, in his own dwelling house, where his wife and family also then at all 
times resided; that he was there interested in mining and mercantile business; 
that neither on November 5, 1918, nor at any time within several years pre¬ 
vious thereto, had said Sulzer or his family resided at any other place or in 
any other voting precinct in said Tei-ritory of Alaska; that, nevertheless, on 
said fith day of November, 1918, the said Sulzer, well knowing that the statutes 
of the United States for the conduct of elections in the Territory of Alaska 
for the election of a Delegate from that Territory to the Congress required that 
every elector claiming the right to vote at said election for Delegate or mem¬ 
bers of the Territorial legislature must have been an actual and bona fide resi¬ 
dent in said Territory continuously during the entire year immediately preced¬ 
ing the election, and a resident in the vohng precinct where he voted continu¬ 
ously for at least 30 days next preceding the date of said election, presented 
himself to the judges of election in the Ketchikan voting precinct and offered 
to vote there and deihanded the right to have and cast a ballot for such candi¬ 
dates ; that Ketchikan voting precinct is about 60 miles away from the Sulzer 
voting precinct, at Sul5?er post ortice, on the said Prince of Wales Island, and 
the said Charles A. Sulzer had not resided in the said ketchikaii voting pte- 
cinct for 30 days next pre'ceding said Novembier 5, 19i8, or at all. but his actual 
residence then was in said Sulzer precinCt; that the right of said Sttlzer to cast 
his ballot and to vote in said Ketchikan voting precinct was challefigcd and 
denied at the time of his said offer, and the judges of election informed him 
that the law and the rules and regulations for the government of all election 
officers at said election provided that he cOuFd not legally vote in any other 
voting precinct that the Sulzer precinct; that the said Sulzer persisted in his 
demand for the right to cast his ballot in said Ketcbikan precinct, whereupon 
one of the judges of election presented him with a blank form of oath required 
to be taken by challenged electdrs at said election, and informed said Sulzer 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 7 


that before he would be permitted to vote he would he required to take the said 
oath declaring that he had actually been a resident in said Ketchikan voting 
precinct continuously for at least 80 days next preceding the date of said elec¬ 
tion ; thereupon the said Sulzer read the said blank oath and considered the 
matter, and declined and refused to take the said oath, whereupon the said 
election oflicers declined and refused to permit him to cast said vote and ballot 
in said Ketchikan voting precinct, whereupon said Sulzer left said polling place. 

Soon thereafter, at said Ketchikan voting precinct, on said 5th day of No¬ 
vember, 1918, said Sulzer entered an automobile operated by one William Ma¬ 
honey, then the duly appointed and acting United States commissioner and ex 
ollicio justice of the peace, probate judge, coroner, and recorder in the Ketchikan 
recording district, and the official who had then appointed all the election 
officers in the various voting precincts in said Ketchikan election district, ex¬ 
cept Ketchikan town, but including Charcoal Point voting precinct, and was 
driven by the said Mahoney out of the incorp<u*ated town of Ketchikan into 
the Charcoal I’oint voting precinct adjoining; thereupon, on said November 
5, 1918, in the presence of and supported by said Mahoney, the said Sulzer, 
well knowing that he was then committing a crime in violation of the United 
States election laws, presented himself to the judges of election in the Char¬ 
coal Point voting precinct and offered to vote there and demanded the right to 
cast his ballot there for Delegate to Congress and members of the legislature 
at said election; that the officials in charge of said polling place at Charcoal 
I’oint were partisans of said Sulzer and had been appointed as officials by the 
said Mahoney and in violation of law delivered a ballot to the said Sulzer, who 
marked and cast the same and then and there voted for Charles A. Sulzer for 
Delegate to Congress and for the Democratic candidates for the legislature; 
that said fraudulent ballot so cast by said Sulzer was received by said election 
officers in said Charcoal Point voting precinct and deposited in the ballot box, 
was counted and carried into the returns from said (jharcoal Point voting 
precinct, and is now credited to said Sulzer in said returns; the said act of 
said Sulzer in casting said ballot in said Charcoal Point voting precinct was 
illegal and in violation of the act of Congress providing for the election of a 
Delegate from Alaska and members of the Territorial legislature; it consti¬ 
tuted and was a crime, and the said Sulzer well knew that fact when he so 
voted, but well knowing that all of the officials charged with the duty of pre¬ 
venting and punishing offenses against the election laws in said division were 
his political supporters and friends he committed said crime willfully and with¬ 
out fear of punishment. 

2. That on November 5. 1918, one W. H. Morrisey was the duly apuointed 
clerk of said ‘Charles A. Sulzer, and was under salary paid from the fund ap¬ 
propriated by Congress for the payment of clerks to Uei)resentatives and Dele¬ 
gates to Congress; said Morrisey was on that day. and for some time previously 
had been, in Alaska as the political representative of said Sulzer, and engaged 
in making political speeches and performing other political work for said Sul¬ 
zer; that said Morrisey was in the town of .tuneau, Alaska, in the first division, 
on said November 5, 1918, aihl presented hilnself at the polling place in said 
.Juneau known as precinct No. 2, aiid then and there demanded from the judges 
of election an official ballot, and having receiveil the same duly marked and 
voted the saiu'e, therei)y casting a ballot and a vote for said Charles A. Sulzer, 
which vote was received, cohnted, carried ihfo the i-eturns and is now credited 
to said sulzer iii the total v'ote in said pr'ecinct; that said Morrisey had not, on 
November 5, 1918, beeii a resid'ent in said voting precinct nor in said division 
No. 1 for ,30 days continuously before said electioh. or at all; that his residence 
for some years previous to that date had been in Fairbanks, Alaska, in the 
fourth division, and his said act in so v<ding in ,Tuneau on that day was in 
violation of the act of Congress providing for holding elections in Alaska for 
the election of a Delegate and members of the legislature, and constituted a 
crime, to wit: A felony, under the penal clauses of said act; that said Morrisey 
well knew that his aca in so voting in said precinct was a crime, but he also 
v’'ell knew that ail the officials in said division whose duty it was to prevent 
and punish offenses against the election laws were the political friends and 
supporters of the said Charles A. Sulzer. and he committed said crime willfully 
and without fear of punisliment. 

3. That at the time of said election for Delegate in Alaska, so held on No- 
\’emher 5, 1918, and for more than two years prior thereto, lion. Robert W. 
.Jennings was the duly appointed, confirmed, and acting judge of the district 
court of Alaska, in division No, 1 thereof; Hon. William A. Holzheimer was the 


8 


WICKERSHAM VS. SULZER^ DECEASED^ AND GRIGSBY. 


duly appointed, coiitirmed, and acting judge of the district court of Alaska in 
division No. 2 thereof; Hon. Fred M. Brown was the duly appointed, contirined, 
and acting judge of tlie district court of Alaska in division No. 3 thereof; and 
that Hon. (.diaries E. Bunnell was tlie duly appointed, contirined, and acting 
judge of the district court of Alaska in division No. 4 thereof; and there were 
none other; that it is the duty of the said district judges to appoint, and at 
pleasure removed, coniinissioners in and for the district, and each of said judges 
did, prior to said election, so appoint a commissioner in each recording district 
in said Territory within the division in which the said judge held his said court, 
and said judge had the jiower, at his pleasure, to remove said commissioners at 
any time; that under the provisions of the act of Congress entitled, “ An act 
providing for the election of a Delegate to the House of Ke]>resentatives from 
the Territory of Alaska,” approved May 7, 1906, and hy section 5 thereof, it 
was made the duty of said commissioners, at least 60 days before the date of 
said election on November 5, 1918, by order and notice entered in his records, to 
divide his recording and election district into such number of voting precincts 
as may in his judgment be necessary or convenient, to specify a polling place 
therein, and to give notice of the holding of said election, and—■ 

“ That at least 30 days prior to the date of the holding of such election the com¬ 
missioner shall select, notify, and appoint from among the qualitied electors in 
each voting precinct three judges of election for said precinct, no more than two 
of whom shall be of the same political party.” 

The commissioner is required to notify such election judges of their ap¬ 
pointments. The said act, section 6, provides that the said judges of election 
of each voting precinct so appointed shall constitute the election board for said 
precinct, and a majority of said judges shall govern ; that two of said judges 
shall act as clerks of election; and the law provides that one set of the precinct 
returns of said election shall l)e forwar<led by sjiid judges of election to the 
clerk of the district court for the division in which said ])recinct is situate and 
the other to the governor of Alaska. That in pursuance of the law aforesaid, 
each of said judges of the district court had tlie power to and did appoint the 
said clerk of the court in the division in which he so held court. 

That in luirsuance of said statutes the said district judges aforesaid had, 
prior to said election, so appointed each commissioner aforesaid in his respec¬ 
tive division, and each said commissioner did appoint the judges of elecHon 
as aforesaid, and the returns of said election in each and all said precincts in 
Alaska were so made by said judges of election to said clerk of the court 
and governor; that the canvassing board in said Territory was composed of 
the governor, surveyor general, and collector of customs. 

That the said governor of Alaska, the surveyor general, and collector of cus¬ 
toms so comprising said canvassing board, the said four judges of the district- 
court of Alaska, and said four clerks of court, and all United States marshals, 
district attorneys, and all other Federal olMcials in .said Territory, were, at 
all times mentioned herein, Democrats and i)artisans and supimrters of said 
Sulzer; that in each precinct the said Democratic commissioner appointed two 
Democrats and either a Republican opponent of contestant or a Socialist as the 
three election judges and clerks of said election in said precincts, and thereby 
the whole election machinery in the conduct of said election of November 5, 
1918, in said Territory was in every detail and at every point controlled and 
managed by the friends, partisans, and supporters of said Sulzer, and not other¬ 
wise; and that neither this contestant nor his friends and supporters had any 
part or control in the management of said election ; that if there were frauds or 
illegal acts committed in said election, they were done and performed by the 
said appointed friends, partisans, and supporters of said Sulzer, for his benefit 
and not otherwise. 

4. That on ^aid November 5, 1918, one William ^Mahoney was the duly ap¬ 
pointed and acting commissioner in and for the Ketchikan recording district, 
having long prior thereto been appointed to such position by Robert W. .Ten- 
nings, judge of the District Court for the First Division of Alaska, of which 
division said Ketchikan recording district was and is a part; that prior to the 
holding of said election for the election of a Delegate to Congress and mem¬ 
bers of the legislature, on November 5, 1918, the said Mahoney had divided 
the said Ketchikan election district into 10 voting precincts, to wit, the incor¬ 
porated town of Ketchikan and the following unincorporated voting precincts 
of Charcoal Point, Sulzer, Dolomi, Hyder, Kasaan, Craig, Beaver Falls, Tokeen, 
Ijoring, and Hadley, and had appointed all the election officers therein, except 
in the town of Ketchikan (where the election officers are appointed’by the 


WICKP:IISHAM vs. SULZER, deceased, and GRIGSBY. 


9 


■coiiimoii council), aiul had forwarded to his said appointees tlie blank election 
returns and official ballots for holding; said election ; that said Mahoney vv’as, 
at all the times mentioned herein, a bitter partisan Democrat and an active 
supporter of said Charles A. Sulzer, contestee; the said IMahoney well knew 
that Robert W. Jennings, the judge of said district court, who appointed him, 
was also a partisan i)olitical sup[)orter of Sulzer’s and would support him in 
his activities. 

That the said Mahoney operated an automobile on said November 5, 1918, in 
Ketchikan and Charcoal Point voting precincts, and worked actively during said 
day in procuring electors to go to the polls in said precincts whom he thought 
would vote for Sulzer; he assisted said Sulzer in illegally voting on said day, 
and when Sulzer’s vote was rejected in Ketchikan voting precinct, e. corted 
him to Charcoal I'oint in his automobile and aided in procuring him to cast his 
ballot there in violation of law, thereby himself committing a crime, to wit, 
a felony under the provisions of the fifteenth section of the act of Congress 
providing for the election of a Delegate from the Territory of Alaska, ap- 
proved ]May 7, IhOG (84 Stat. L., l()9-17r), sec. 400, p. 2G7, Compiled Laws of 
the Territory of Ala ka, 1918) ; that on said election day the said Mahoney 
inluce-l and compelled the prostitutes residing in Ketchikan voting precinct to 
go to the ]H)lls there and vote for Sulzer, himself hauling a big, fat Negro 
prostitute* to the polls in his carriage in which he hauled other illegal voters 
to the Charcoal Point voting precinct; that said IMahoney, in all the matters 
and things in this paragraph alleged, acted with and for the said Charles A. 
Sulzer. and that on said election day, November 5, 1918, the said Sulzer and 
Mahcney, acting together,.induced and procured certain other persons, to wit, 
A. van Mavern, of Juneau, Alaska ; Charles Leask, an Indian from the Metla- 
kahtla Indian Reservation ; J. C. (Jochran, a lighthouse tender from the Lin¬ 
coln Rock IJghthouse; George A. Nix, an Indian from the Sulzer voting pre¬ 
cinct ; and C. Dudler, from the Dolomi voting precinct, Alaska, who were not 
then and had never l)een re, idents in the Charcoal Point voting precinct, and 
no one of whom was then or ever had been a legal elector in the said Charcoal 
Point voting precinct, to cast his ballot in said Charcoal Point voting precinct 
for the said Charles A. Sulzer for Delegate to (fongress; and.each of said 
persons and many others who were not then re idents and legal voters in said 
Charcoal Point precinct were induced and persuaded by said Mahoney and 
Sulzer, in violation of law, to so cast theii‘ votes for said Sulzer in said pre¬ 
cinct ; and the election officers in said Charcoal Point precinct were at said 
time tlie appointees of said Mahoney and supporters of the said Sulzer, and 
willfully and in violation of the law permitted the said illegal votes to he cast, 
and received said illegal and fraudiUent ballots and deposited them in the 
ballot box, and counted and credited them in the returns in favor of said 
Sulzer, and they now form part of the total vote claimed by said Sulzer in 
the totals compiled by the canvassing board for said Territory ; that this con¬ 
testant is also informed and believes, and therefore alleges that said Charles 
Leask was born in Briti h Columbia, Canada, and was never naturalized, and 
is for that reason also not a citizen of the Thnted States nor a legal voter in 
Alaska : that referring especially to the said George A. Nix, who so cast his 
said illegal ballot at ('harcoal Point voting precinct, and who was not a 
resident therein, the said Charles A. Sulzer, acting by and with the said 
Mahoney, procured the said Nix to so unlawfully and illegally cast his said 
vote there for sai(l Sulzer by means of threats and intimidation and by over¬ 
awing the ;aid Nix and the election officers by reason of the official position 
and demands of the sa.id ]).lahoney and the said Sulzer, the said Mahoney and 
the said election officers well knowing that the said Nix was an Indian who, 
through fear and ignorance, would obey the commands of those occupying 
official positions; that all the votes ;o cast by the persons named in this para¬ 
graph in said Charcoal I’oint precinct and others of a similar kind were duly 
receiv(‘d, counted, credited to Sulzer, and were included in the returns and 
total vote so found to he cast for said Sulzer by the canvassing hoard, upon 
which the said Sulzer claims the i-ight to the office of Delegate to (’ongress 
from Alaska in this contest. 

o. That at said election so held in the Ketchikan voting precinct on said 
November 5, 1918, the following-named persons presented themselves at the 
polls and demanded and received official ballot*^, and marked and voted the 
same and cast such a ballot and vote for Charles A. Sulzer for Delegate from 
Alaska, to wit: Dudlev Allen and Mrs. Dudley Allen, his wife; AYilliam Semar 
and Margaret Semar‘ his wife; Gus Gillis and Mrs. Gus Gillis, his wife; 


10 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

William Coulter, W. Chapman, Mrs. Steve llajjan, and others whose names are 
to this contestant nnknown ; that said persons so voting cast each his or her 
vote for Charles A. Snlzer as aforesaid: that said votes were received, counted, 
and credited to said Snlzer and are included in the total vote credited to said 
Snlzer hy the canvassing hoard; that neither of ^aid persons was or had been 
a resident in the Ketchikan voting precinct for 30 days next prec'eding the dale 
of said election, and neither was a legal voter therein, and each and all of the 
votes so cast hy them for the said Snlzer was frandnlent and void, and should 
be subtracted from the total vote ■ o credited to him hy the canvassing hoard. 

G. That Snlzer voting precinct and Craig voting precinct are each in the 
Ketchikan election district; that the election officers there were apiiointed hy 
the said William ^lahoney; that in the Snlzer voting precinct, which is on 
Prince of Wales Island, about GO miles distant from the town of Ketchikan, 
there is located the Haida Indian Reservation, and in the Craig voting pre¬ 
cinct there is located the Klawock Indian Reservation, both of which re erva- 
tions were created more than two years prior to November 5, 1918, hy Execu¬ 
tive orders of the President of the United States, and both of which were at 
all times mentioned herein occupied and inhabited by Indians none of whom 
had voluntarily or otherwise taken up his residence separate and apart from 
any tribe of Indians and adojited the habits of civilized life; that all Indians 
on such reservations lived there as wards of the Government, in tribal rela¬ 
tions, and none of them were, on November o, 1918, (pialilied or legal voters 
under the laws of the United States, or entitled to cast a ballot or vote at 
said election; that notwithstanding their want of citizenship more than 20 of 
said Indians from the Haida Indian Reservation on said day presented them¬ 
selves at the polls in the Snlzer voting precinct, demanded and received ballots, 
ami cast their votes for Charles A. Snlzer for Delegate from Alaska ; that said 
ballots were received and the said votes were counted and are credited in 
favor of the said Snlzer in the total vote compiled and credited to him by the 
official action of the canvas ing board; that notwithstanding their want of 
citizenship more than 20 of said Indians from Klawock Indian Reservation on 
said day, presented themselves at the polls in said Craig voting precinct, de¬ 
manded and received ballots, and cast their votes for the ? aid Charles A, 
Snlzer for Delegate from Alaska ; that said ballots were received and said 
votes counted and credited in favor of the said Snlzer in the total vote com¬ 
piled ahd credited to him hy the final action of the canvas.sing hoard. 

7. Idiat at the election held in the Raranof voting precinct in the Sitka record¬ 
ing district, first judicial division of Alaska, on said 5th day of November, 1918, 
the following-named persons presented themselves at the polls and demanded 
and received official ballots, and marked and voted the same, and cast such a 
ballot and vote for Charles A. Snlzer for Delegate from Alaska, to wit; H. .1. 
Raymond, ]Mrs. H. .1. Raymond, his wife; Selma Jacobson and Mrs. Selma 
Jacobson, his wife; and J. R. McNeill, and other persons whose names are to 
this contestant unknown ; that said persons so voting cast each his or her vote 
for Charles A. Snlzer as aforesaid ; that said votes were received, counted, and 
credited to said Snlzer, and are included in the total vote credited to said 
Snlzer hy the canvassing board; that neither of said persons was or had been 
a resident in the Raranof voting precinct for 30 days next preceding the date of 
said election, and neither was a legal voter therein, and each and all of the 
votes so cast by them for the said Snlzer was fraudulent and void and should 
be subtracted from the total vote so credited to him by the canvassing board. 

8. That at the election held in the Kake voting precinct in the first judicial 
division of Alaska on the said 5th day of November, 1918, Joseph A. Snow and 
certain other j^ersons whose names are to contestant unknown presented them¬ 
selves at the polls and demanded and received official ballots, and marked and 
voted the same, and cast such a ballot and vote for Charles A. Snlzer for Dele¬ 
gate from Alaska ; that said votes were received, counted, and credited to said 
Snlzer, and are included in the total vote credited to said Snlzer by the can¬ 
vassing hoard; that neither of said persons was or had been a resident in said 
Kake voting precinct for 30 days next preceding the date of said election, and 
neither was a legal voter therein, and each and all of the votes .so cast by them 
for the said Snlzer was fraudulent and void, and should be subtracted from the 
total vote so credited to him by the canvassing board, 

9. Tliat, at the Douglas No. 2 voting precinct, on Douglas Island. Alaska, the 
certificate of the resnlt of the election states, in substance and effect, that for 
the office of Delegate from Alaska there were cast the following votes, to wit: 
For this petitioner, James Wickersham, contestant, 21 votes; for Charles A. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


11 


Snlzei\ ('oiite.stoe, 19 votes; whereas, in truth and in fact, there was cast for 
the said Charles A. Snlzer, colitestee, at said i)recinct at the said election on the 
said oth day of Noveniher, 191S, not to exched 12 votes, and that the other 7 
votes claimed to have been cast at said i^lace and time for the said contestee, 
were cast by Indians who were not citizens of the United States and who were 
not lawfully entitled to vote at the said election. That one, .Tames A. Smiser, 
then and there United States attorney for the first jndicial division of Alaska, 
and one .Tohn .1. Keajjan, then and tiiere assistant United States attorney for 
the said first .Indicia 1 division of the Territory of Alaska, and one (ieoi'se .Tolm- 
son, then and thei’e deputy United States marshal, residing at Douglas, Alaska, 
then and there, for the imrpose of subverting and violating the laws pertaining 
to elections in the Territory of' Alaska, induced certain Indians, to wit: ('hief 
.Timmy I^ox, Daniel .Tosephs, Cilhert .Tackson, William Rrady, Jldward ^Tarshall, 
.Tohn Willis, and .Tohn Harris, to go to the pollin.g place in Douglas No. 2 pre¬ 
cinct aforementioned, at the said electioii, and tlum and tliere induced and pro- 
cui'ed the said Indians to cast theil* ballots for the said contestee, well know¬ 
ing that th(‘ .said Indians were not citizens of the United States and were not 
entitled to vote at said election, and then and there, by virtue of their official 
positions, overawed the judges of election at the said election precinct and per¬ 
suaded the judges of election, contrary to the personal jud.gmeut of the said 
judge^of election, to permit tlie said Indians to so vote at said election. 

10. That at the .Tuneau No. I voting precinct, at .Tuneau, Alaska, the certifi¬ 
cate of the result of the election states, in substance and effect, that for the 

office of Delegate from Alaska there were cast the following votes, to wit: 

Uor this petitioner, .Tames Wickersham, contestant, 195 votes; for Charles A. 
Sulzer, contestee at said precinct, at said election on the said 5th day of Novem¬ 
ber, 1918, not to ex(*eed 245 votes, and that the other 21 votes claimed to have 

been cast at the said place and time for the said contestee, were cast by 

Indians who were not citizens of the United States and were not lawfully en¬ 
titled to vote at the said ele(*tion. That one .Tames A. Smiser, then and there 
T'nited States attorney for the first judicial division of the territory of Alaska, 
and one .John .1. Reagan, then and there assistant Uuited States attorney for 
the first judicial division of Alaska, then and there for the purpose of sub¬ 
verting and violating the laws pertaining to elections in the Territory of 
Alaska, induct'd certain Indians, to wit: George INIartin, Albei’t Samuels, Her¬ 
bert Martin, Billy Martin, Mr.s. Tillie Martin, Pete Smith, Frank Peters, Willie 
Peters, Francis .Joseph, Charlie Gray, George Howard, .Tack Gamble, Charlie 
Bobb, Jimmie Hanson, George Gamble, Charlie Peters, James Miller, Jacob 
Harris, John Harris, Harry Anderson, and Charlie Gamble, to go to the polling 
place at .Tuneau No. 1 election precinct aforementioned at the said election, 
and then and there induced the said Tndians to cast their liallots for the said 
contestee, well knowing that the said Indians were not citizens nf the Uiiited 
States and were not entitled to vote at said election, and then and there by 
virtue of their official ixisitions ovefawed the judges of election at the said 
election i)reciiict and persuaded the judges of electibn, cbutrafy to the her.sonal 
jud.gmeut of the said jud.ges of election, to perniit the said Ihdians to so vote at 
said election. 

11. That the certificates of results of the election held on the said 5th day of 
November, 1918, as ai)pears by the said certiiicates of election executed by the 
judges of election at the election precincts hereihafter named, were as follows, 
to wit: Tokeen, for contestee, 11 votes; for contestant, 2 votes; K^ake, fob 
contestee, 5 votes; for contestant, 1 vote; Lorihg, for contestee, 13 votes; for 
contestant, 12 votes; Tenakee, for contestee, 19 votes; for contestant. It) votes; 
Windham, for contestee, 4 votes; for contestant, no votes; Uhisana, for con¬ 
testee, 6 votes; for contestant, 2 v(des; Ninilchik, fob contestee, 5 votes; for 
contestant, 4 votes. That said certificates of results were accepted and counted 
as true by said Territorial canvassing board, in canvassing the returns of said 
election and in deciding the number of votes bast for each candidate, while in 
truth and in fact the election at all of said precincts before lilentloned was 
void, and all of said certificates ()f re.sults and all of the v<hes cast at said 
plTcincts should be eliminated in detefmihing the re.sults of said electioii held 
bn November 5, 1918, for the following reasons, to wit: That the laws of the 
Territory of Alaska jire.scribing form of official ballet to be used at each gen¬ 
eral election in the Territory of Alaska provide, in substjihc(' and elTect, that 
“ at the top thereof, above a perforated line, shall be duplic.ate stubs bearing 
consecutive numbers, one of said stubs to be retsiihed by the election judges in 
pre.senting said ballot to the voter, the other stub to be torh from the ballot by 


12 


WICnvERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


tlie election and compared and retained npon the return of the voter 

from the votinjx hootli,” the evident purpose of the provision above quoted being 
to preserve fully and completely the secrecy of the ballot. That the judges of 
election at the precincts above mentioned failed to remove either one or both 
of said stubs or coupons from the ballots cast at said election precincts before 
depositing the same in the ballot boxes in said precincts, nor liave such num¬ 
bered stubs or coupons been subsequently detaclunl. That said ballots, which 
were numbered consecutively, were, at each of said precincts, delivered to the 
electors in the order in which they presented themselves, beginning in each 
instance with the ballot bearing the lowest number, and in the same order in 
which said electors signed the registration book and in which their names were 
entered in the duplicate election register and tally book. That as a result 
thereof the judges of election at each' of said voting precincts were able to 
determine how each elector voted, and any person at any time inspecting said 
ballots and the duplicate election register may determine for what candidate 
and candidates each elector voted, and that by reason of the above-mentioned 
wrongful acts of the said judges of election, the .secrecy of the ballot was de¬ 
stroyed. That by reason of the ahove-mentioned facts the said election at the 
voting precincts of Tokeen, Kake, Loring, Tenakee, Windham, Chisana, and 
Ninilchik shoidd be held null and void, and the aforementioned results as set 
forth in the respective certiticates of election returned by the judges of election 
for said precincts should be deducted from tlie general results of said-^^^ction. 
That the contestee, Charles A. Sulzer, through his attorneys, J. A. Hellenthal 
and John R. Winn, formally and officially protested against the counting of any 
ballot that had any distingui.shing mark upon it, whereby it might be ascer¬ 
tained how each or any one of the electors voted, and this contestant now joins 
in that protest. 

12. That at several of the election precincts throughout the Territory of 
Alaska, at the said election held on November 5, 1918, the judges of election 
disregarded and failed to count or include in the official results various ballots 
lawfully and duly cast for this contestant, and which ballots .should be added 
to the number of votes otherwise certified from each of said precincts as re¬ 
ceived by this contestant. That the precincts in which such ballots in favor of 
this contestant were so rejected by the judges of election and the number of 
such ballots so unlawfully rejected by the judges of election in each of said 
precincts are as follows, to wit: One ballot at the Chichagof voting precinct, 
one ballot at Juneau No. 3 voting precinct, one ballot at Candle voting precinct, 
one ballot at Anchorage No. 2 voting precinct, one ballot at Ellamar voting pre¬ 
cinct, one ballot at Eyak voting precinct, one ballot at Kenai voting precinct, 
one ballot at McGrath voting precinct, one ballot at Ibilmer voting precinct, one 
ballot at Betties voting precinct, two ballots at Brooks voting i)recinct, one 
ballot at Discovery voting precinct, one ballot at Fort Gibbon voting precinct, 
five ballots at Fairbanks voting precinct, six ballots at Nenana voting precinct. 

13. That contestant is informed and believes and therefore alleges that at the 
said election for Delegate to Congress on November 5, 1918, in the precincts of 
Granby, Copper Center, and Sourdough, in the third division, and in Richard¬ 
son, Fairbanks, Chena, Nenana, Hot Springs, Tanana, Fort Gibbon, Louden, 
Ruby, Nulato, Eagle, and Circle, in the fourth division, and in Haines, in the 
first division, and in other voting precincts in Alaska, a large number of per.sons 
who.se names are unknown to contestant cast their votes for Charles A. Sulzer 
for Delegate to Congress, which votes were received and counted, and are in¬ 
cluded in the total number of votes canvassed and compiled by the canvassing- 
board, and are included within and credited to Sulzer by the canvassing board; 
that each of said persons was an enlisted soldier in tlie Army of the United 
States and not a resident of Alaska prior to his ari-ival in Alaska as a member 
of such Regular Army, and wdio came into Alaska and has, since arrival in the 
Territory, and w-as on November 5, 1918, under the orders of his superior offi¬ 
cers, and was so under command wdien he cast his .said ballot on November 5, 
1918; that neither of said persons was at the time he so cast his vote on Novem¬ 
ber 5, 1918, an actual and bona fide resident of the Territory of Alaska, and 
had not been such actual and bona fide resident continuously during the entire 
year immediately preceding the election, nor a resident in the precinct in which 
he cast such vote for 30 days next preceding the election, nor w'as any one of 
them qualified to vote for Delegate from Alaska at such election. 

14. That heretofore, to wdt, at the general election held in the Territorv of 
Alaska on the 7th day of November, 1916, a voting precinct was legally es\ab- 
lishc d at Jack Wade Ci-eek in the fourth judicial division of Alai^ika ; that the 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


13 


said precinct of Jack Wade Creek lias at no time been abolished or dis¬ 

established as a voting precinct; that on and for more than 30 days prior to the 
5th day of NovenilKn-, 1918, there were not less than 31 qualified voters residing 
in the said Jack Wade Creek voting precinct and that all of said 31 electors 
would have voted for this contestant, James Wickersham, at the said election 
held November 5. 1918, had the necessary provisions been made for the holding 
of such election in the said Jack Wade Creek precinct and that no votes would 
have been cast in said precinct for the contestee, Charles A. Sulzer, That long 
prior to the said 5th day of November, 1918, the said facts were well known to 
this contestee and his political friends and supporters, and especially were they 
well known to John J. Donovan, the United States commissioner for the 40- 
mile commissioner's district in the fourth judicial division of Alaska, within 
whose jurisdiction the said Jack AVade Creek precinct was situated; and for 
the purpose of depriving the said electors at the said Jack AA^ade Creek precinct 
of an opportunity to vote for James AAJckersham, contestant, at the said elec¬ 
tion held in tlie Territory of Alaska on the 5th day of November, 1918, and for 
tb.e purpose of depriving this contestant of the benefit of the said votes the said 
John J, Donovan failed and neglected to appoint judges or other^^’ise to pro¬ 
vide for the holding of an election at Jack AA'ade Creek precinct on the said 5th 
day of November, 1918, but that although the said Jack AAkade Creek precinct 
was never abolished or disestablished as a voting precinct the said John J. 
Ijonovaii on the 1st day of Octobei', 1918, and not prior thereto, issued an order 
inirporting to establish the boundary lines for a voting precinct within the 
jurisdiction of the said John J. Donovan, known as “ Chicken,” and purporting 
to include Jack AA'ade Creek precinct within the boundaries of the said Chicken 
precinct, well knowing that it would be impossible for the electors aforemen¬ 
tioned, residents of Jack AVade Creek, to cast their ballots at the said election 
at Chicken because of the distance necessarily to be traversed by them and the 
difficulties connected with travel at the season in question and well knowing 
that the laws of Congress and the Territory of Alaska pertaining to the creation 
and abolition of voting precincts provide that a new voting precinct (or the 
new boundaries of a precinct) must be established by the proper order at lenst 
GO days prior to the election. That by reason of the said fraudulent and 
wrongful acts of the said John J, Donovan, United States commissioner for the 
P'orty-mile commissioner district in the fourth judicial division of Alaska, at least 
31 votes were lost by this contestant and 31 electors were deprived of the oppor¬ 
tunity to vote who would have cast their ballots for this contestant had they not 
been wrongfully and fraudulently deprived of the opportunity to do so in the 
manner and form above set forth. 

15. That during all the times mentioned in this petition one Charles E. Bun¬ 
nell was judge of the district court for the Territory of Alaska, fourth division, 
with his headquarters at Fairbanks, Alaska; that said Bunnell was a candidate 
for Delegate to Congress against this contestant iii 1914 and was defeated and 
this contestant was elected; that the said Bunnell is a Democrat and a violent 
political partisan of contestee and makes all of his appointments for commis¬ 
sioner in said fourth division for political reasons; that each and every one of 
his commissioners in said fourth division engages in partisan politics at each 
biennial election for Delegnte to Congress frorri Alaska, and the entire election 
machinery in the said division is controlled by the said Bunnell, through his 
^commissioners, for political ends; that at the election in 1916 this contestant 
received a decided majority of the votes cast in the precincts of Jack AVade 
and Steel Creeks, which are in the Forty-mile recording district in the fourth 
division, and for the purpose of preventing the voters in the said precinct from 
again casting their vote for this contestant one John J. Donovan, commissioner 
in the Forty-mile precinct, appointed by the said Charles E. Bunnell, redis¬ 
tricted the said recording district of Forty-mile so as to abolish the Jack AA^ade 
and Steel Creek precincts, though each of them had at the time of the Novem¬ 
ber 5, 1918, election more than 30 voters therein, and added the area of each of 
the said abolished precincts to the other voting precincts in said recording 
district and fixed the polling places in the most distant parts of said other voting 
pi-ecincts, more than 30 miles away from the ordinary and accustomed polling 
places in the said Jack AA'ade and Steel Creek precincts in order to prevent, and 
thereby did effectually prevent, the electors in the said Jack AA^ade and Steel 
Creek precincts from going to the distant polling places over the mountains, at 
great expense and labor, to cast their said votes, whereby this contestant lost 
the votes of said electors and the said electors in the said two precincts were 


14 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


wholly (lisfranchisecl; that the electors in the said precincts appealed to the 
said Charles E. lUinnell, jnd^e aforesaid, by protest in writing, but that nothing 
was done by the said judge to right the wrong; that a similar fraudulent action 
by the cominissioner in the election districts wherein Cripple Creek, Fish Creek, 
and otiier voting precincts in the fourth division are situated which were estab¬ 
lished precincts in the election iield in 191G, prevented the electors therein from 
votpig for this contestant on November 5, 1918, whereby the contestant lost the 
vntes in the proportion in which they were cast ill 191G, and the voters therein 
were disfranchised in the. maimer aforesaid. 

IG. That the return of the judges of election show that at the voting precinct 
of Copper Center, in the fourth judicial division of the Territory of Alaska, 
show that at the election held on the said bth day of November, 1918, there 
were 10 votes cast, ail of which .said votes were, as stated by said return, cast 
for the contestee, Charles A. Sulzer, and were taken as true by said judges of 
election and counted, but as a matter of fact said votes should not be counted 
because the said election was illegal for the following reasons, to wit: That 
one Lewis T. Erwin is United States marshall for the fourth judicial division of 
Alaska and* one Thomas .1. Doiiohoe is Democratic national committeeman for 
Alaska and that both of said persons are friends and partisans of the C()iitestee. 
Charles A. Sulzer, and managers of his political campaigns in the Territory of 
Alaska. That one R. Biix is now and for inany years past Inis been a resident 
of Copper Center, in the Territory of Alaska, at which place he is and for sev¬ 
eral years last past has b,een the owner of real estate and buildings in said 
Copper Center, and that the United States post office for said Copper Center is 
established in a building owned by the said Rlix and that it would be a financial 
loss to the said Blix and a great incenvenience to the said community if the 
said post office should be moved from the said Copper Center. That this con- 
festee, Charles A. Sulzer, wrongfully taking advantage of said situation, 
through the aforementioned United States marshal and the aforementioned 
D.emocr.itic national conunitteenxan for Alaska, unlawfully threatened the said 
Blix and all the other residents of said Copper Center that unless they used 
their utmost endeavor tp procure, and did procure, all of the electors at Cop¬ 
ier Center to cast their ballots for said Charles A. Sulzer, contestee, for the 
office of Delegate from Alaska at the election to be held at said pi-ecinct Novem¬ 
ber .5, 1918, the said United States iiost office would be moved from said Cop¬ 
per Center, to the great injury of the said Blix and the said community, and 
that although the said Blix and the other residents of the said community were 
po.itical supporters of this contestant, .Tames Wickersham, and would have cast 
their respective ballots for him at the said election had the said threats above 
mentioned not been made, the said Blix and the, said other electors, neverthe¬ 
less, believing that the said threat so made by the said contestee would be 
carried into effect in case the said electors of the community did not unani- 
mousl.v cast their vote at the said election for the said Charles A. Sulzer for 
Delegate from Alaska, did, contrary to their views and opinions as to what 
was for the best interest of the public generally, and contrary to what they 
believed to be right and just, unanimously cast their votes for the said Charles 
A. Sulzer. That for tfie reasons above stated and because the said votes were 
illegally obtained under threat of fraudulently using and employing the patron¬ 
age of the sai(,l Cfiiarles A. Sulzer, the said Thomas .T. Donohoe, and the said 
Lewis T. Erwin, the vote cast at the said Copper Center precinct should not be 
credited to this contestee, and that the election at Copper Center shouhl there¬ 
fore be held null and void. 

17. That at the Unalaska election precinct, in the Aleutian Islands recording 
•district, in the third division of the Territory of Alaska, the judges of election 
executed a certificate of the result of the election field at said precinct on the 
said 5th day of November, 1918, purporting to <how and declaring that the 
following vote was cast for each of tlie candidates for Delegate front Alaska 
to Congre.ss, to wit; For .Tames Wickershaw, contestant, 17 votes; for (diaries 
A. Sulzer, contestee, -54 votes; and that the canvassing board for the Territory 
of Alaska accepted said certificate of results as true and correct in canvassing 
the returns of said election and in deciding the (luestion of how many votes 
were received by each of the said candidates at said election and in determin¬ 
ing the result of said election. That in truth and in fact the election held 
at the said precinct of Unalar’*:'. was null and void and the said certificate of 
results of said election should be canceled and the votes therein alleged to 
have been received by each candidate should be deducted from the total vote 
for the following reasons, to wit: That at the said election held at the Unalaska 


WICKERSHAM VS. SULZER, DECEASED, AI^D GRIGSBY. 15 


voting precinct no otlicial ballots were used, nor did the electors prepare or 
have an opportunity to prepare their own ballots, but th^t, on the contrary, 
ihe .judges of election at said election precinct inaugurated and uiaintapied a 
system whereby they all and persons present gt the polls were enabled, to 
determine how each elector voted and for what particular candidate each 
elector cast his ballot, by then and there preparing one separate hnd distinct 
form of ballot for each of the candidates for pelegate fro.in Alaska and re¬ 
quiring then and thei’e each elector, when appearing at the polling place fo,r 
the purpose of exercising his right as an elector, to annpupce whieh ballot he 
desired to vote, and thereupon and after such aniiouncemepts had been made 
by the elector the judges would deliver to such elector the ballot for the can¬ 
didate which he openly announced his intention to vote for, thus and thereby 
destroying utterly the secrecy of the ballot and making the election at tbat 
precinct in substance and effect a viva voce vote. 

18. That at the election held at the Naknek election precinct, in the third 
judicial division of Alaska, on the said 5th day of November, 1918, ‘the judges 
of election executed a certificate of the result of said election, purporting to 
show and announcing that 10 votes were cast for the confestee, flliarles A. 
Sulzer, and no votes were cast for any other candidate. That said certificates 
of result so executed was accepted and treated by the Territorial canvassing 
board for Alaska as true and correct in canvassing the returns of said elec¬ 
tion and in deciding the result of said election, whereas in truth and in fact 
the said election at Naknek was illegal and void, and the said certificate of 
rei+ults should have been disregarded by the Territorial canvassing boarcl and 
the votes from the said Naknek voting precinct should b.e eliminated from the 
total vote cast at said election for the following i;eas?ons, to wit: That no 
oflicial ballots were used at said Naknek election precinct for said election, 
nor did the electors at said precinct prepare their own ballots, bvit that each of 
the electors was by the said judges of election given a printed ballot upon 
which was printed the name of William Maloney and the name of Charles A. 
Sulzer, Who were designated as candidates for the Democratic nomination 
for Delegate from Alaska, and that the ballots alleged to have been cast for 
a Delegate to Congress from Alaska were in truth and in fact cast for a 
candidate for the Democratic nomination for the office of Delegate to. Con¬ 
gress from Alaska ; that except for the cross above mentioned no mark was 
made upon any of said ballots indicating an intention to vote for any candi¬ 
date for the office of Delegate to Congress from Alaska; that no notice of 
any election of a Delegate to Congress from Alaska, to be held on the 5th day 
of November, 1918, had ever been given in the said Naknek voting precinct, 
and that the said electors believed that they were selecting some person as 
candidate for the Democratic nomination for the office of Delegate to'Congress 
from Alaska. 

19. That at the Cache Creek voting precinct in the third judicial division of 
the Territory of Alaska 25 votes were cast, 2 of which were cast for this con¬ 
testant and the remaining 28 votes were cast for contestee, and that the judges 
of election in said election precinct in their certificate of the result of said 
election certified that at said precinct 2 votes were cast for contestant, James 
IWckershaw, and 23 votes were cast for Charles A. Sulzer, and the Territorial 
canvassing board accepted .said certificate of results as true and correct in 
canvassing the votes of said election and in deciding how many votes w'ere 
received by each candidate at said election, but that in truth and in fact the 
said election at Cache Creek wan wholly illegal and void, except for the’twm 
ballots at said precinct cast for this contestant, and the votes alleged to have 
been cast for Charles A. Sulzer at said precinct should be deducted and elimi¬ 
nated from the genei-al results for the following reasons, to wdt: That not¬ 
withstanding the fact that the law’s pertaining to .general elections in Alaska 
provide that the i)olls at each precinct shall open at 8 o'clock in the morning 
and not earlier and shall remain open until 7 o’clock in the evening, the judges 
of election at the said Cache Creek precinct unlawT'ully and fraudulently and 
in violation of the hnv opened the polls at said precinct at the hour of 4 o’clock 
in the morning for the purpose of receiving ballots, and then and there, at the 
hour stated, and from thence on until 8 o’clock in the morning, received the 
said 23 ballots, all of which w^ere cast for the contestee, Charles A. Sulzer, 
and that the 2 ballots cast for the contestant were cast betw’een the hours of 
8 o’clock in the morning and 7 o’clock in the evening, when the said polls 
w^ere lawfully open. 

20. That at the election at the Sourdough voting precinct in the third judicial 
division, on the 5th day of November, 1918, 12 votes w’ere cast, of which 5 


16 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


A otos were cnst for this contestiuit, .Tuines ickersliuiii, iiiid i for contestee, 
Chnrles A. Snlzer, and the jndses of election at said jn-ecinct, in their cer- 
titiciite of results at said election, stated said nnniher of A’otes as having been 
cast for each of said candidates, which certihcate was accepted as true and 
(orrect by the Territorial canvassing board in canvassing the result of said 
election and in deci<ling upon the nuniher of votes cast for each candidate. 
That the aforementioned number of votes cast for the contestee at said i)recinct 
should be wholly eliminated, and the number of votes cast for contestant at 
said precinct should be increased by 15 votes, for the following reasons, to 
wit: That at the previous elections held in the said Sourdough election pre¬ 
cinct the polling i)lace had been established at the Sourdough road house, 
which is situated aiiproximately in the center of said election precinct, and 
was well known and generally recognized as tlie i)olling place for said pi'ecinct. 
That in the immediate neighborhood of the said Sourdough road house there 
were not less than 15 legally qualitied electors who were friends and political 
supporters of this contestant, and who would- have voted for contestant at 
this election had they been afforded an opportunity to do so and liad the iwlling 
place in said precinct remained at the Sourdough road house, but that WUliam 
O’Connor, the United States commissioner for the Chitina recording district, 
wherein said Sourdough voting precinct is situated, Avell knowing that by 
changing the polling place in said Sourdough voting precinct from the Sour¬ 
dough road house to the Giilkana road house, 22 miles distant and in the 
farthest corner of said voting precinct, would deprive at least 15 friends and 
political supporters of this contestant of an opportunity to cast their vote for 
this contestant at said election and deprive this contestant of the henefit of 
the votes of his said 15 friends and supporters in the immediate A’icinity of 
the Sourdough road house, did so change the polling place for said precinct 
from the said Sourdough road house to the Gulkana road house, whereby said 
persons residing in said precinct were disfranchised and this contestant thereby 
was fraudulently deprived of the 'votes of said 15 electors who would have 
cast their votes for contestant but for said fraudulent acts. 

21. That the laws pertaining to elections in Alaska provide that no toting 
precinct shnll he established unless there are at least 30 qualified electors 
in such precinct, and also provide that there shall be only one polling place 
in each voting precinct. That nevertheless, and for the purpose of violating 
said law and affording special advantages to the contestee and his friends, 
the United States commissioner for the Chitina recording district, one William 
O’Connor, at the hehest of contestee and the Democratic national committee¬ 
man, Thomas .1. Donohoe, created during the month of September, 1918, the 
Kuskulana voting precinct, although he and they then and there knew that there 
were not 30 qualified electors in said precinct, and they then and there es¬ 
tablished in said Kuskulana voting precinct two separate and distinct polling 
places, all in violation of law, one of which polling places was designated as 
Kuskulana No. 1 and the other as Kuskulana No. 2. That the judges of 
election in their certificates of the residt of said election at said Kuskulana 
No. 1 polling place, certified that the following vote had been cast at said 
polling place, to wit: For .Tames Wickersham, contestant, 1 A’ote; for Charles 
A. Sulzer, contestee, 11 votes; and the judges of election at the said Kuskulana 
No. 2 polling place, in their certificate of the result of said election, certified 
that the following vote had been cast at said polling place, to wit: For James 
Wickersham, contestant, 2 votes; for Charles A. Sulzer, contestee, 4 votes; 
and that the Territorial canvassing board for the Territory of Alaska, accepted 
said certificates as true and correct in canvassing the returns of said election 
and in deciding upon the number of votes received by each candidate at said 
election. That for the reasons above stated the said certificates are null and 
void and should be eliminated from the results of said election. 

22. That the Dillingham election district lies on Bristol Bay and along 
and on both sides of the Nushagak Biver, in the western part of the Territory 
of Alaska ; that one Dr. U. H. French was the regularly appointed and acting 
commissioner in the said Dillingham recording and election district on No¬ 
vember 5, 1918, and for about one year prior thereto; that said French is a 
violent partisan opponent of this contestant and was actively engaged in 
partisan efforts to prevent the electors in said district from casting their votes 
for this contestant; that the said Oommissioner French established at least 
two A’oting precincts in the said Dillingham election district, to wit, the 
Choggiung voting precinct and the Nushagak A'oting precinct; that Nushagak is 
only about 5 miles from Dillingham, where the said commissioner resides and 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


17 


holds his oftice, while Choj?i>:iiing is only about 2 iiiilea from the said place 
across the Wood River; that an election was duly held at Chog'jtiiinjt, but 
the said French, seeking to fraudulently deprive this contestant of the support 
of his friends in Nushagak precinct, failed and refused to appoint any election 
oflicers for Nushagak, or to forward to Nushagak for tlieir use any of the 
blanks, ballots, and other material necessary for tlie holding of said election; 
that he caused a notice to be published of the holding of the election at Nush¬ 
agak, but prevented the holding of the same by refusing to apiwint the elec¬ 
tion officers and deliver the necessary blanks, l)allots, etc., as provided by 
law, although he did supply the necessary blanks, ballots, etc., for the Chog- 
giung voting precinct; that the said French well knew that at the election 
in 191() this contestant had a large majority of the total vote in the Nushagak 
precinct, and for that reason fraudulently and purposely withheld authority and 
opportunity for ihe electors in said precinct to exercise their franchi.se on 
said November 5, 11)18, thereby disfranchising all of the electors in said Nush¬ 
agak voting precinct, whereby this contestant was deprived of the votes of 
more than 20 of the electors therein who would have voted for him for Dele¬ 
gate and not for the said Siilzer. 

23. That at the election held in Alaska on November 5, 1918, a large number 
of ballots were cast for this contestant which were not counted for him by the 
election officers in the various precincts in the Territory, because of some 
alleged defect therein ; that said ballots accompany the returns from the pre¬ 
cincts in which they were cast and are now included in the returns in the 
posse.ssion of the governor of Alaska, at Juneau, Alaska ; that the judge of elec¬ 
tion in every precinct in Alaska were appointed by the various commissioners 
and were ahuost geneiailiy hostile to this contestant by reason of their political 
opposition and their adherence to the Democratic l*arty organization; that all 
doubtful ballots and all doubtful offers to vote were decided against this con¬ 
testant or in favor of his opponent, the .said Sulzer, and that justice re(iuired 
a full examination of all the said ballots cast in the Territory of Alaska at 
said election in order that the true vote ca.st l)y the electors in .said Territorv 
may be made known and given effect in the determination of the election of the 
Delegate from Alaska at said election; that when the returns were received for 
compilation and issuance of a certificate to the succes.sful candidate by the 
canvassing board in the city of Juneau, Alaska, said canvassing board began 
an inspection of such doubtful or rejected ballots and thereupon found that 
many mistakes or discriminations had been made against the interests of this 
contestant, and the governor of Alaska, fearing that a full investigation of 
said ballots would di.sclo.se that enough mistakes and discriminations had been 
made to elect this contestant, refused further to examine the said ballots and 
declared his intention to stand by the face of the returns, a sufficient i)ortion 
of which bad been received by that time to induce him to believe that tb'e face 
of the returns would enable him to issue the certificate to the contestee, 
Sulzer; that this contestant alleges that a full and fair examination and com¬ 
pilation of the said returns and the said rejected ballots therewith and a fair 
considei’ation of the errors and mistakes made by the various election officers 
will show that this contestant was deprived of more than bO votes without 
authority of law and would thereby be elected as Delegate and the said Sulzer 
defeated. 

24. That at the said election held in the said Territory on November 5, 1918, 
the Democratic election officers being in full charge of every election voting 
precinct in the Territory, refused to permit a large number of persons, to wit, 
more tlian bO such persons, who were qualified electors therein, to vote at 
said election, which said persons would each of them have voted for this con¬ 
testant as Delegate to Congress from Alaska; that at the same time and by 
the same officers more than 50 illegal votes were admitted by the said election 
officers, which illegal votes were cast for the contestee, Charles A. Sulzer, and 
which, being illegal and unlawful, ought to have been rejected by the said 
election officers. 

25. That Alaska is almost as large as the United States east of the Mississippi 
River; that the judicial divisions are each larger than the State of New York, 
and many of the election districts larger than many of the States of the Union ; 
that there are four principal places for the conduct of business in relation to 
elections; Juneau, Valdez. Fairbanks, and Nome; that these points are from 
400 to 500 miles apart; that during the months of April to July transportation 
in the interior and from point to point is almost impos.sible, as it is the 


151279—20 


■2 



18 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


“ bivak-iij) ” season; that it is impossible for this contestant to reach the A^arioiis 
points in tlie Nome ami Fairbanks divisions, or to send attorneys or representa¬ 
tives there to take depositions in the time permitted by the statutes ^,mverning 
contested-election cases, on. account of said great distances and the lack of 
transi^ortation facilities; that it is. therefore, impossible, except along the 
telegraph line, to secure the necessary proofs of the frauds actually committed 
in the interior districts away from the line of telegraph ; that especially in the 
fourth division, the judge of the district court, the district attorney and 
mai’sl'.al, their clerks, commissionei-s, deputies, and employees, and all the 
ollicials connected with them in any way, are constantly engaged in political 
-.yurk. and are friends, partisans, and suppoiuers of the contestee, Sulzer; that 
the same excessive zeal was exhibited throughout all these far distant and 
scattered interior voting precincts, and the same classes of frauds committed 
therein as are alleged herein to have been committed in the Ketchikan and 
other precincts in the first division, but on account of great distances and lack 
of statutory time it will be physically impossible to secure the evidence of 
such frauds in as great detail or as certainly as in the nearer precincts; that 
the officials in the interior precincts, well knowing the difficulties against which 
contestant labors, add thereto by refusing to assist in taking such evidence, 
and particularly the judge, the district attorney, and marshal at Fairbanks, 
and their clerks, deputies, and employees advise witnesses not to appear or 
testify, and in every way in their power prevent the taking of such testimony; 
that the contestee and his representatives also take advantage of the harsh and 
unusual conditions in said Territory to prevent the taking of evidence; that 
by reason of the entire election machinery being thus under the control of 
contestee’s friends, they are able to and do shield and protect all persons who 
perpetuate election frauds in their interest from exposure or prosecution, and 
crimes against the elective franchise in the interest of contestee are perpetrated 
by officials from the governor and Delegate down the line, without fear of prose¬ 
cution but with approval and political prferment; probably nowhere in the 
United States is there so much official election frauds as in the interior Alaska 
precincts, where it is conceived, indulged in, and protected by the officials and 
their deputies, with the knowledge that it can not be punished or prevented by 
those injured thereby; it is even worse there than in the Ketchikan election 
district, where the most glaring instances are herein set forth. 

Wherefore, contestant prays the House of Representatives of the United 
States for the Sixty-sixth Congress to hear this contest and evidence offered in 
support of it, and that the returns of the election held on November 5, 1918, 
be purged of unlawful ballots cast thereat, that contestant be credited with 
the ballots and votes to which he is lawfully and justly entitled; that there 
be subtracted from the total votes credited to the contestee the ballots and 
returns with which he has been wrongfully and unlawfully credited, and that 
a full and fair count of the ballots cast at said election be made in the inter¬ 
ests of justice. That upon the final hearing the House of Representatives seat 
this contestant as such Delegate from Alaska in Congress as of right and 
under the laws of the United States it ought to do. 

Dated Juneau, Alaska, IVIay 3, 1919. 

James Wickersham, Contestant, 

United States of America, 

Territory of Alaska, ss: 

James IVickersham, being first duly sworn, says that he has read the fore¬ 
going petition by him subscribed and knows the contents thereof, and that the 
same is true as he verily believes. 

James Wickersham. 

Subscribed and sworn to before me this 3d day of May, A. D. 1919. 

[seal.] John B. Marshall, 

Notary Public for Alaska. 

My commission expires October 14, 1921. 

NOTICE OF CONTEST. 

To George B. Grigsby, Esq. 

Sir. Please take notice that it is my intention to and I shall contest your 
alleged election and claim to the office of Delegate from Alaska in the House 
of Itepi esentati\es of the Fnited States for the Sixty-sixth Congress from the 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 19 

Territory of Alaska, by virtue of that special election held in said Territory 
on the 3d day of June, A. D. 1919. 

And also take notice that annexed hereto is a petition addressed to the said 
House of Representatives, specifying particularly the grounds upon which I 
rely in making said contest. 

Dated at Washington, D. C., this 23d day of June, 1919. 

James Wickersiiam, 

Contestant. 

Specification of Grounds of Contest, 

To the House of Representatives of the United States, 

Sijcty-sixth Congress, First Session: 

Comes now James Wickersham, contestant, and particularly specifies the 
following grounds upon which he relies in the contest herein against George 
B. Grigsby, contestee: 

I. 

That at all the times mentioned in this petition and ever since the passage of 
the act of Congress entitled “An act providing for the election of a Delegate to 
the House of Representatives from the Territory of Alaska,” approved May 7, 
1900 (34 Stat. L., 109), it was and is the law of the United States that the 
people of the Territory of Alaska shall be represented by a Delegate in the 
House of Representatives of tlie United States, chosen by tlie people thereof in 
the manner and at the time prescribed by the laws of the United States, and 
who shall be known as the Delegate from Alaska. 

II. 

That at the general election held pursuant to the statutes of the United 
States in the Territory of Alaska on the 5th day of November, 1918, this con¬ 
testant was a duly nominated candidate on the Republican ticket for the said 
office of Delegate from Alaska; that at that time this contestant was a native- 
born citizen of the United States and was then and is now, and for more than 
18 years last past has been, an inhabitant and qualified voter in the Territory 
of Alaska, and on said 5th day of November, 1918, was not less than 25 years 
of age, and was then of the age of G1 years, and a resident of the town of 
Fairbanks, in said Territory of Alaska. 

III. 

That under and pursuant to the laws of the Territory of Alaska this con¬ 
testant had been and was duly nominated as the Republican candidate for the 
office of Delegate from Alaska, and Charles A. Sulzer had been and was duly 
nominated as the Democratic candidate for said office, and Francis Connolly 
had been and was duly nominated as the Socialist candidate for said office, 
and all of said persons were entitled as such candidates to have their names 
printed on the official ballots to be used at the said election of November 5, 1918. 

IV. 

That at the said election so held in the Territory of Alaska on the 5th day 
of November, 1918, this petitioner, James Wickersham, received the greatest 
number of legal votes cast for any person or candidate for the office of Delegate 
to Congress from said Territory, and thereby was and now is the duly elected 
l>elegate to Congress from said Territory, and was thereupon and now is en¬ 
titled under the laws of the United States to a seat as Delegate from Alaska 
in the House of Representatives in the Congress of the United States in the 
Sixty-sixth Congress. 

V. 

That the canvassing board of the Territory of Alaska provided and authorized 
by the laws of the United States for the canvass and compilation of the returns 
of said and all elections for the election of Delegate to Congress from Alaska, 
and authorized to issue a certificate of election to the person receiving the 
greatest number of legal votes thereat, was composed of the governor of Alaska, 
the surveyor general of the Territory, and the collector of customs; that at 


20 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


the times liereiii mentioned each and all of sa;d officers were of the opposite 
political party of this contestant, and were all Democrats, and partisan oppon¬ 
ents of this contestant; that the canvassing boai’d long delayed the canvass 
^ and compilation of the returns of the election of November 5, 1918, and the 
'same was not completed when, on April 15, 1919, the said Charles A. Snlzer 
died in said Territory of Alaska. 

VI. 

That said Charles A. Snlzer, the said candidate for Delegate on the Demo¬ 
cratic ticket in opposition to this contestant, as aforesaid, died suddenly en 
route from his home at Sulzer post office, Alaska, to Ketchikan, Alaska, on the 
evening of April 15, 1919, and thereafter, on April 16, 1919, after being duly 
notitied that he was dead, said canvassing hoard completecl the long-de’.ayed 
compilation of said election returns and declared that upon the face of the 
same said Sulzer had been elected by a plurality of 33 votes over this con¬ 
testant ; and on April 17, 1919, the sai(i board issued a certificate of election 
in the name of said Charles A. Sulzer, then deceased, and forwarded the same 
to the Clerk of the House, and said certificate is now in the said files. 

Vtl. 

That within 30 days after the issuance of said certificate of election in the 
name of said Charles A. Sulzer, and on the 3d day of May. 1919, this con¬ 
testant made, signed, and verified a notice of contest of said election of No¬ 
vember 5, 1918, and the action of said canvassing hoard in issuing said certifi¬ 
cate, and particularly specified in the same the grounds upon which this con- 
. testant relied in the contest, and on said May 3, 1919, placed the same in the 
United States registered mail at .Tuneau, Alaska, addressed to “the clerk of the 
House of Representatives, Washington, D. C., and thereafter the same was 
duly received by the said clerk of the House, in Washington, D. C.. on ^May 
16, 1919, and was by the said clerk on .Tune 2, 1919, transmitted to the Speaker 
of the House <d Representatives, was received by the House on said date, and 
referred to the Committee on Elections No. 3, and ordered to he printed and 
was sc ])rinted as House Document No. 74, Sixty-sixth Congress, first session, 
and the same is referred to herein, made a part hereof, and served herewith 
on the said George B. Grigsby, contestee herein. 

VIII. 

That the Legislative Assembly of Alaska was in session at Juneau, Alaska, 
whej’ said Sulzer died on April 15, 1919; that said legislature was composed 
of a ma.iority of Democrats in both houses; that George B. Grigsby, the con¬ 
testee herein, was then the duly elected and acting attorney general of said 
Territory, the adviser and counsellor of th'e said legislature and the Territorial 
officials, including the governor; that said Grigsby was also a partisan Demo¬ 
crat and violent opponent of contestant; 'that the said contes1;ee and the said 
Democratic officials, including a ma.iority of the members of both houses of the 
legislature, acting together, prepared and caused to be introduced iu the said 
legislature a bill to call a special election to fill the alleged vacancy caused 
by tbe death of the said Sulzer, and the legislature did on April 25,'1919, 10 
days after said Sulzer’s death, pass said bill entitled “An act providing’for 
a special election to fill a vacancy in the office of Delegate from Alaska in the 
House of Representatives, and declaring an emergency ”; and the same was 
approved l)y the governor on April 28, 1919; that a full, true, and correct copy 
of said act is hereunto attached, made a part hereof, and verified herewith. 


IX. 


That this contestant is informed and advised by reputable and competent 
attorneys in Alaska that said act of the legislature, so passed and approved 
by the governor on April 28, 1919, is illegal, unconstitutional, and void because 
it is in conflict with and forbidden by the acts of Congress of May 7, 1906 (34 
Stat. I.. 169, secs. 392-407, Compiled Laws of Alaska, 1913), and the act of 
Congress of August 24, 1912 (37 Stat. L. 512, secs. 408-426, Compiled Laws of 
Alaska, 1913) ; and upon such information and advice, and upon his own judg¬ 
ment, contestant herein challenges and denies the legality of said.act of the 
legislature, and of the election so held thereunder on June 3, 1919, and of 


WICKERSUAM vs. SULZER, deceased, and GRIGSBY. 


21 


the certificate of election issued thereunder to the contestee Jierein on June 
14, 1919, and of the right of the said contestee to'a seat in the House of Rep- 
rsentatives at any‘time or in any S\4y oil account thereof. ‘ ' 

■ I ■ . .. k, I I I 

X. 


Jhat pn the 2Sth day of April, 1919, immediately on approving the said act 
of tile legislature, the'governor of Alaska, under tile advjse of the said Grigsby, 
contestee, and' tlien the attorney general and adviser of the said governor, 
issued a writ ordering that a special election be' held in said Territory to fill 
the alleged vacancy in the ottice o^’ Delegate to Congress caused by the death 
of said Sulzer‘on April 15, I9l9, and ordered that’said special election he so 
held in said Territory on June 3, I919;’‘ahd in said writ’ordered the clerks 
of the courts,' commissioners, election officers, and otlier officials having any 
duty to perform as such under the said acts of Congress not to perform said 
duties in accordance with said acts of Congress, but 'to do so in compliance 
with the aforesaid illegal, unconstitutional acts of'the legislature; that a full, 
true, and correct copy of said writ so signed and issued by the governor is 
hereto attached and made a part of this notice of contest. 

XI. 

That said special election so provided for by said illegal act of the legisla¬ 
ture so approved by the governor pn April 28, 1919, was .so attempted to be 
held in Alaska, in accordance with the governor's said writ and order, on 
June 3, 1919; that to enable the contestee and his political partizans unfairly 
and illegally to control said election they caused a section to be inserted in the 
.said act of the legislature, as .section 4 thereof, providing that the Au.stralian 
ballot law theretofore passed by the Legislature of Alaska, and then in force 
at the elections in said territory, should not apply to the said special election 
provided for in the said act of April 28, 1919; and in the governor's said writ 
and order calling .said election, it was ordered that said act shall not apply 
to the election hereby called, and the said election of June 3, 1919, was so 
held without the safeguards so provided by the said act to prevent frauds 
and illegal voting; that all those provisions of said acts of Congress of May 
7. 1900, and August 24, 1912, re(iuiring commissioners in their respective dis¬ 
tricts in Alaska .to divide the same into voting precincts at least 60 days 
before the election, and to give notice of the holding of said election at least 
30 days prior thereto, to appoint election officers, and all other provisions of 
the acts of Congress mentioned, for safeguarding the election from frauds 
and illegal voting, and giving full and fair notice to the electors, were, by 
the said act of the Legislature of Ala.ska, of April 28, 1919, and the governor's 
writ thereunder, rendered of no avail, and said duties so commanded by the 
said laws of Congress were not in any case performed, or done in compliance 
with said laws of Congress; that said election was attempted to be held in 
compliance with the said illegal act of the legislature of April 28, 1919, and 
the governor’s writ thereunder; that no notice v/hatever was given of said 
election in many of the precincts in said Territory; and the people of said 
Territory had no legal notice and in many precincts no notice at all, of the 
holding of said ejection, whereby the legal voters in said Territory did not 
generally cast their ])allots at said election, and were fraudulently and in 
violation of the act of Congress disfranchised and prevented from voting at all. 

XII. 

That by reason of said unconstitutional and illegal act of the legislature, 
and the fraudulent and illegal acts of the governor and the contestee and 
other officials under their control, whose duty it was under the aforesaid acts 
of Congress to give notice as therein required, more than one-half of the legal 
voters in said Territory were unlawfully deprived of their right to vote at 
said .special election of June 3, 1919; that at the regular congressional election 
held in said Territory on November 5. 1918, when said Sulzer and Wickersham 
and Connolly were the candidates, there were more than 9,000 votes cast, 
whereas at the said special election of June 3, 1919, as this contestant is 
informed from telegraphic reports in the newspaper (for there has not yet 
been any canvass and compilation of the returns of said election officially made) 
there were less than one-half that number cast; that contestant is informed 


22 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


from Juneau, Alaska, by telegraph, that said Grigsby did not receive more than 
3,000 of said votes, whereas in the said congressional election of Noveml)er 5, 

1918, this contestant received on the face of the returns 4,4.04 votes. 

XIII. 

That the Territory of Alaska is almost as large as that part of the United 
States east of the Mississippi; its area is 590,884 square miles—more than 
12 times as large as the State of Pennsylvania; that the clerks of the courts 
mentioned in the act of April 28, 1919, reside at .Tuneau, in the First Division, 
at Valdez, in the Third Division, at Fairbanks, in the Fourth Division, and at 
Nome, in the Second Division, respectively; that it is 626 miles from .Tuneau 
to Valdez, 373 miles from Valdez to Fairbanks, and 1,291 miles from Fairbanks 
to Nome, by the usual route traveled by the United States mail; that it 
requires from 3 to 5 months to collect the oflicial returns after a congressional 
election in Alaska, on account of the great distances and slow and pioneer 
methods of transporting the mails; that United States mails are now carried 
as freight on the coastwise steamships and there is little or no transporting by 
railroad, and that only for short distances; that after the congressional election 
of November 7, 1916, on that account, the certificate of election to the Delegate 
to Congress was not issued till INIarch 24, 1917, a period of 4 months and 17 
days; that after the congressional election of November 5, 1918, the certificate 
of election to the Delegate was not issued till April 17, 1919, a ])eriod of five 
months and 12 days; but that after the special election of June 3, 1919, said 
false and spurious certificate of election was issued on June 14, 1919, to said 
Grigsl)y within a period of only 11 days after the election. 

XIV. 

That at the said si)ecial election so held in Alaska on .Tune 3, 1919, for the 
alleged purpose of electing a Delegate from Alaska to Congress to fill the 
vacancy alleged by the death of said Charles A. Sulzer, on April 15, 1919, 
there were but two candidates, to wit: George B. Grigsby, contestee, Democrat, 
and .T. L. .Tones, labor union candidate; that contestant is unable to state accu¬ 
rately how many votes each received, for the election returns have not yet been 
all received by the governor at .Tuneau, Alaska, nor by the clerks of court in 
the judicial divisions into which Alaska is divided by acts of Congress afore¬ 
said; that after said .Tune .3, 1919, and on .Tune 14, 1919, fraudulently and in 
violation of the laws of Congress aforesaid, the canvassing board of Alaska, 
composed of the governor of Alaska, the surveyor general and collector of cus¬ 
toms, made, signed, and delivered a false and spurious certificate of election 
to the said George B. Grigsby, prior to and before the said canvassing board 
had canvassed and compiled all the official elecfion returns or certificates, as 
required of them to do so by the said acts of CongTess of May 7, 1906, and 
August 24, 1912. 

XV. 

, That in the First (Juneau) Division of Alaska, there were 36 election or 
voting precincts established by the act of the legislature of April 28, 1919; that 
on June 14, 1919, when the said canvassing board so issued said false and 
spurious certificate of election to said Grigsby .32 official returns had been re¬ 
ceived by the canvassing board from .32 of said precincts, and no returns fi-om 
four of them; that in the Second (Nome) Division of Alaska, there were 19 
election or voting precincts established by the act of the legislature of April 
28, 1919; that on .Tune 14, 1919, when the said canvassing board so issued said 
false and spurious certificate of election to said Grigsby no official returns or 
certificates had been received from any of said voting precincts by the said can¬ 
vassing board, and the clerk of the court at Nome had received but 11 official 
returns from said 11 voting precincts at that time, and there were S yet unre¬ 
ported, and neither said clerk nor said canvassing board had information as 
to the vote in them; that the clerk of the court at Nome, had. on said June 14. 

1919, telegraphed to tlie said canvassing board the sum of the respective votes 
received by the two said candidates in said 11 preciiuds and it was upon such 
unofficial telegrams of the votes in 11 out of said 19 precincts that the said 
canvassing board based its action in respect to the vote in the Second Division 
and not upon the full official returns from each precinct as required by the 
act of Congress aforesaid; that in the Third (Valdez) Division of Alaska there 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


23 


were 54 election or voting; i)recincts establislied by the act of the lesislatnre 
of April 28, 1919; that on June 14, 1919, when said canvassing; hoard so issued 
said false and spurious certiticate of election to said Grigsby hut one official 
return or certiticate had been received by the said canvassing hoard from any 
of said voting precincts in said division ; and the clerk of the court at Valdez, 
had received hut 39 oflicial returns from 39 voting precincts in said division, at 
that time, and there were 15 voting precincts in said division unreported, 
and neither the said clerk nor said canvassing hoard had information as to' 
the vote in them; that the clerk of the court at Valdez, had on said June 14, 
1919, telegraphed to the said canvassing hoard the sum of the respective votes 
received by the two said candidates in said 39 precincts, and it was upon such 
unofficial telegram of the vote in 39 out of said 54 precincts that the canvassing 
hoard based its action in resident to the vote in the Third Division of Alaska, 
and not upon a canvass of the full official returns from each of said 54 pre¬ 
cincts as required by the acts of Congress afoivsaid ; that in the Fourth (Fair¬ 
banks) Division of Alaska there were 50 election or voting precincts estab¬ 
lished by the act of the legislature of April 28, 1919; that on June 14, 1919, 
when said canvassing hoard so issued said false and spurious certificate of 
election to said Grigsby, not one official return or certificate had been received 
by the said canvassing hoard from any voting precinct in the said Fourth Divi¬ 
sion ; and the clerk of the court at Fairbanks had received but 21 official re¬ 
turns or certificates from 21 voting precincts in said division at that time; and 
there were 29 voting precincts in said division unreported, and neither the said 
clerk nor the said canvassing board had information as to the vote in them ; 
that the clerk of the court at Fairbanks had on said June 14, 1919, telegraphed 
to the said canvassing hoard the sum of the respectiA’e votes received l)y the 
two said candidates in said 21 precincts, and it was upon such unofficial tele¬ 
gram of the vote in 21 out of said 50 precincts that the canvassing hoard based 
its action in respect to the vote in the Fourth Division, and not upon a canvass 
of the full official returns from said 50 precincts as required by the acts of 
Congress aforesaid ; that in the Territory (>r Alaska there were at the election 
of June 3, 1919, 159 election or voting precincts established by the act of the 
legislature of April .28, 1919; that on June 14, 1919, when said canvassing hoard 
so issued said false and spurious certiticate of election to said Grigsby hut 33 
official returns or certiticate>! had been received by the said canvassing hoard 
from all the voting precincts in said Territory; and the clerks of the courts in 
said Territory Jiad received official returns from hut 70 additional precincts, 
in said Territory, and there were at that time 56 election or voting precincts 
unreported, and neither the said clerk nor the said canvassing hoard had in¬ 
formation as to the vote in them ; that the said clerks of courts aforesaid had 
on said June 14, 1919, telegraphed to the said canvassing laaird the sum of the 
respective votes received by the two said candidates in said 70 additional pre¬ 
cincts, and it was upon the basis of the official and full returns from said 33 
election or voting precincts and upon said telegraphic statements from the 
clerks giving the sum of the votes reported to them in the 70 additional election 
or voting precincts in said Territory ; that the canvassing hoard acted in issuing 
said false and spurious certiticate of election to said Grigsby on June 14, 1919; 
that the said canvassing hoard had no official knowledge or information what 
the vote was in the missing and unreported 56 precincts in said Territory; 
that the action of the said canvassing hoard on said .Tune 14,1919, in issuing said 
certificate of election to said Grigsby, on the said 33 regular official returns 
and certificates, and the telegrams from the clerks of courts pretending to give 
the sum of the resjiective votes cast for the said two candidates in the said 70 
additional precincts reported to the clerks, and the issuing of said certiticate 
when .56 precincts were wholly unreported and the vote wholly unknown, was 
in violation of the mandatory provisions of the congi'essional election laws con¬ 
tained in the acts of Congress of :May 7, 1906, and August 24, 1912, aforesaid, 
and the said certificate was illegal, fraudulent, and void. 

Wherefore contestant prays the House of Ilepresentatives of the United 
States in the Sixty-sixth Congress to hear this contest and the evidence offered 
in suppoi-t of it, and that the said election of June 3, 1919, may he declared 
illegal and void because not called or held in compliance with the laws of the 
United States and that said Grigsby he declared not to have been elected as 
Delegate to Congress from Alaska at said election, or at all. 

Dated Washington, D. C., June 23, 1919. 

James Wickersham, Contestant. 


24 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


t/iMTED States of America, 

District of Alaska, ss: 

James \^'iekersllam, being first duly sworn, deposes and says that he has 
r(>ad the foregoing notice of contest and petition particularly specifying the 
grounds of said contest, and knows the contents thereof, and that the facts and 
statement therein stated are true as he verily believes. 

James Wickers ham. 

Subscribed and sworn to before me this 24th day of June, 1919. 

[seal.] Harry Pillen, 

Notary Public in and for the District of Columbia. 

My commission expires the 24th day of January, 1923. 


HOUSE BILL NO. 54. 

An act providing for a special election to fill a vacancy in the office of Dele¬ 
gate from Alaska in the House of Representatives, and declaring an emergency. 

P>c it enacted by the Lcyislatnre of the Territory of Alaska: 

Section 1. In case of a vacancy caused by death, resignation, incapacity, or 
from any other cause in the office of Delegate from Alaska in the House of 
Representatives, the governor of the Territory of Alaska shall cause a special 
election to be held to fill such vacancy, and shall issue a writ ordering such 
spedal election to be held not less than 30 days from the date of the writ. 
'J'lie governor shall, immediately upon the issuance of the writ, notify the clerk 
of the United States District Court of each division of the Territory of the 
issuance thereof, giving such notice by telegraph where necessary, and the 
clerk of the court of each division of the Territory shall immediately cause 
notice of such writ to be given to the city council of each incorporated town 
in ids division and to each United States commissioner therein by the most 
rapid means of communication, telephone, telegraph, or otherwise. 

Upon the receipt of such notice it shall be the duty of the common council 
of eac'li incorporated town to at once give notice of the election by i)Osting a 
written, or printed notice in three public places in each precinct in said town, 
specifying the time, i)lace, and ])urpose of the election, and in case there are one 
or more newspapei’s of general circulation published in the town, then a copy 
of such notice shall be published at least once in one of such newspapers prior 
to the date of election. 

The common council of each incorporated town shall also, at the time of pro¬ 
viding for the giving of notice, appoint three .pidges of election and two clerks 
for each voting precinct, all of whom shall be qualified voters of the precinct; 
and no ]nore than two .judges and one clerk shall belong to the same political 
pai’ty: and shall immediately notify said judges and clerks of such appointment. 

The United States commissioner in each recording district shall, upon I’e- 
ceipt of said notice from the clerk of the court, at once proceed to give notice 
of the election by posting writteen or printed notices thereof sjiecifying the 
time, place, and purpose of the election, which notices shall be posted as fol¬ 
lows : One at the office of the commissioner in said recording district and one 
in each of three consi)icuons public jdaces in each of said voting precincts in said 
recording district, one of which shall be the polling place in the precinct. 

The failure of any commissioner to post said notices as herein provided on 
acco\int of notice not having been received by him from the clerk of the court 
in time, shall not invalidnte the election held in any precinct if held at the time 
provided for in the writ issued by the governor of Alaska. 

Each United States commissioner shall also select, notify, and appoint from 
the qualified electors in each voting precinct three judges of election for said 
precinct, not more than two of whom shall be of the same political party. 

Upon the failure of any United States commissioner to appoint and notify 
judges of election as herein provided, the qualified voters present at an.v elec¬ 
tion ])recinct on the day of election may select judges by viva voce vote in the 
same manner as provided by law in case where judges of election fail to 
appear and qualify. 

Sec. 2. The election precincts in and outside of incorporated towns shall 
be the same as those established for the last previous general election. 

Sec. 3. The eleclion, when held, shall be governed by the laws of Congress 
regulating general elections in the Territory of Alaska, except as otherwise 
provided by this act: Prorided, That in the canvassing of the returns the 
canvassing board may, in their discretion, accept telegraphic returns from 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


25 


Uie clerk of the court of each division, and that a certificate of election may 
issue, prior to the receipt of the returns from all election precincts, when it 
is apparent that the vote cast at the missin*? precincts will not change the 
lesult. 

Sec. 34. That the qualifications of votei’s at said special election shall be 
the same as those prescribed by the laws (»f Congress and the Territory of 
Alaska covering general elections. 

Sec. 4. The provisions of chapter 25 of the Session Laws of Alaska, 1915, 
entitled. “An act to provide official ballots for elections in the Territory of 
Alaska,” shall not apj)ly to the special elections provided for in tliis act. 

Sec. 5. It shall be the duty of the clerk of the court in each division to 
provide and furnish to each United States commissioner therein necessary 
election supplies, stationery, duplicate registers, and tally sheets for use in the 
various precincts, and to forward the same to such commissioners as soon as 
possible after receipt by said clerk of the notice of the issuance of the writ of 
election ; but in any precinct where such supplies fail to arrive the judges and 
clerks of election shall provide the necessary supplies, stationery, registers, 
and tally sheets. 

Sec. (1 That an emergency is hereby declared to exist and this act shall 
take effect from and after its pjissage and approval. 

Passed the House April 23, 1919. 

Passed the Senate April 25, 1919. 

Approved April 28, 1919. 

Juneau, Alaska, April 28, 1919. 

I luive to-day issued the following writ of election to till vacancy in office 
of Delegate from Alaska: 

“r/'o whom concerned: Whereas, a vacancy exists in the office of Delegate 
from Alaska in the House of Representatives of the United States, said va¬ 
cancy having been caused by the death, on the 15th of April, 1919, of the Hon. 
Charles Sulzer, Delegate from Alaska in the House of Representatives of the 
United States: 

“ Now, therefore, I, Thomas Riggs, jr., governor of the Territory of Alaska, 
under and by virtue of the authority conferred upon me by act of the legisla¬ 
ture of the Territory of Alaska, entitled, ‘An act providing for a special 
election to till a vacancy in the office of Delegate from Alaska in the House of 
Representatives and declaring an emergency,’ approved April 28,1919, do hereby 
order that an election be held in the Territory of Alaska on Tuesday, the 3d 
day of June, 1919, for the purpose of electing a Delegate from Alaska in the 
House of Representatives of the United States to fill the vacancy caused as 
aforesaid. And the clerks of the United States District Courts of the several 
judicial divisions of the Territory are hereby directed to forthwith cause notice 
of this writ to be given to the common council of each incorporated town in 
their respective divisions, and to each United States commissioner therein 
by the most rapid means of communication—by telegraph, by telephone, or other¬ 
wise. And the common council of each incorpoi’ated town in the Territory 
of Alaska is hereby directed to forthwith give notice of election hereby called, 
by posting written or printed notices thereof in three public places in each 
precinct in said town, specifying the time, place, and purpose of such election, 
and in towns where there is a newspaper of general circulation published to 
cause a copy of such notice of election to be published at least once in such 
newspaper prior to the date of election. And the common council of each 
incorporated town is further directed to forthwith appoint three judges of elec¬ 
tion and two clerks and to notify said judges and clerks of their appointment. 
Not more than two judges and one clerk shall belong to the same political 
party. 

“And the United States commissioner in each recording district is hereby 
directed to forthwith give notice of the election hereby called by posting 
written or printed notices thereof, specifying the time, place, and purpose 
jf the election, and such notices shall be posted as follows: One at the office 
of the commissioner of said recording district and one in each of three 
conspicuous places in each of the voting precincts in said recording district, 
one of which shall be the polling place in the precinct. And the United States 
commissioner in each recording district is further directed to forthwith 
appoint three judges of election fur each voting precinct in said recording 
district, not more than two of whom shall be of the same political party. 
The election precincts in and outside of incorporated towns shall be the 


26 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


same as those established for the last previous general election. The election 
when held shall be governed by the laws of Congress regulating general elec¬ 
tions in the Territory of Alaska as set forth in chapter 2, Title 11, of the 
Compiled Laws of Alaska. The qualifications of voters at the special election 
shall he the same as those prescribed by section 394, chapter 2, Title 11, of 
the Compiled Laws of Alaska, as modified by chapter 1 of the Session Laws 
of Alaska for 1913, entitled, ‘An act to extend the elective franchise to women 
of the Territory of Alaska,’ approved March 21, 1913. The form of ballot 
shall be the same as that prescribed by section 400, chapter 2, Title 11. of 
the Compiled Laws of Alaska, and the provisions of chapter 25’ Session 
Laws of Alaska, 1915, entitled, ‘An act to provide official ballots for elections 
in the Territory of Alaska,’ shall not apply to the election hereby called. 

“ Given under my hand and the seal of the Territory, at .Juneau, the capital, 
this 2Sth day of April, in the year of our Loi’d one thousand nine hundred and 
nineteen, and of the indepehdence of the Lnited States the one hundred and 
forty-third.” 

Thomas Riggs, .Jr., Governor. 


United States of America, 

District of Columhia, ss: 

M. W. Dickering, being first duly sworn, deposes and says that he is a 
citizen of the United States over the age of 21 years. That on the 28th day 
of June, 1919, he personally delivered to George D>. Grigsby, of Alaska, a full, 
true, and correct copy of the notice of contest in the contested election case 
of Wickersham against Grigsby, and also a printed copy of House Document 
74, containing full, true, and correct copy of notice of contest of Alaska 
election, November 5, 1918, James Wickersham contestant, said service being 
made at the Washington Hotel in Washington, D. C., by personally delivering 
the same to the said Grigsby. 

M. W. I^ickering. 

Subscribed and sworn to before me this 28th day of .June, 1919. 

[seal.] H. M. Vandervort, 

Notary Public. 


ANSWER TO NOTICE OE CONTEST. 

Gomes now George B. Grigsbj", contestee, and makes the following answer to 
the specification of grounds of contest of James Wickersham, contestant. 

I^ART I. 


I. 


Contestee admits the allegations contained in paragraphs 1, 2, and 3 of said 
specifications of grounds of contest. 

II. 


Contestee denies each and every allegation contained in paragraph 4 of said 
specification. 


III. 


Contestee admits the allegation contained in paragraph 5 of said specifica¬ 
tion that the Canvassing Board of the Territory of Alaska provided and au¬ 
thorized by the hnvs of the United States for the canvass and compilation of 
the returns of said and all elections for the election of Delegate to Congress 
from Alaska, and {luthorized to issue a certificate of election to the person re¬ 
ceiving the greatest numlier of votes, was composed of the governor of Alaska, 
the surveyor general of the Territory, and the collector of customs. 

Contestee denies the allegations contained in said paragraph that at tht 
times therein mentioned each and all of said officials w^ere of the opposite 
political party of said contestant, and were all Democrats and partisan oppo¬ 
nents of said contestant; denies that the canvassing board long delayed the 
canvass and compilation of the returns of the election of November 5, 1918. 

Contestee alleges that said canvassing board was composed of Thos. Riggs, 
jr., governor of Alaska; Charles H. Davidson, surveyor general of Alaska: 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


27 


and Charles D, Garfield, actini; eollectoi* of customs, and further alleges that 
the said Charles E. Da\’idson and the said (fiiaiies D. Garfield were not partisan 
opponents of said contestant, James Wickersham, and that the said Charles 
Garfield was not and is not a Democrat and partisan opponent of said contest¬ 
ant. 

Contestee admits that the canvassing and compilation of said returns was 
not completed when on Apidl 15, 1919, the said Charles A. Sulzer died in the 
Territory of Alaska, hut alleges that on said April 15, and previous to that 
time the said canvassing board could not complete said canvass and compila¬ 
tion of returns for the reason that all of said returns had not been received by 
said canvassing board; that on said 15th day of Apill, 1919, the returns of the 
election had not been received from the town of Nome, Alaska, and from other 
l)recincts in tliis vicinity of Alaska, and that said returns from Nome and 
vicinity were not received until after the death of the said Charles A. Sulzer; 
that the said James Wickersham at the election of November 5, 1918, carried 
the town of Nome, Alaska, and the said precincts in the vicinity thereof by 
several hundred votes, and that if the said canvassing board had completed 
their canvass and compilation of the returns of said election prior to the re¬ 
ceipt of the returns from Nome, Alaska, and the other said precincts, the said 
contestant, James Wickersham. would have*been defeated and tbe said Charles 
A. Sulzer would have been elected by several hundred votes. 

IV. 

Contestee admits the allegations contained in paragraph G of said specifica¬ 
tion of the grounds of contest, except that contestee denies that the compila¬ 
tion of said election returns was in any way delayed by said canvassing board, 
and alleges that said canvassing board proceeded to canvass and file the ela(.*tion 
returns immediately upon their receipt at .Tuneau, Alaska, by the governor of 
Alaska, which contestee alleges was on the 10th oi 17th day of April, 1919. 

V. 

Contestee admits the allegations contained in paragraph 7 of said specifica¬ 
tion, as follows: That within 80 days after the issuance of the certificate of 
election to Charles A. Sulzer, and on or about tbe 8d day of INIay, 1919, said 
contestant made, signed, and verified a purported notice of contest of the elec¬ 
tion of November 5, 1918, and particularly specified in the same the grounds 
ui)on which the said contestant relied in said purported contest, and contestee 
admits that the same was placed in the United States registered mail on or about 
the 8(1 day of Way, 1919, addressed to the Clerk of the House of Representa¬ 
tives, Washington, D. C., and that thereafter the same was duly received by 
the said Clerk of the House of Representatives in Washington, D. C., on or 
about IMay 10, 1919, and by the said Clerk on June 2, 1919, transmitted to the 
Speaker of the House of Representatives and received by the House on said 
date, and referred to the Committee on Elections No. 8, and ordered to be 
printed, and was so printed as House Document No. 74, Sixty-sixth Congress, 
First session, and that said document was served on this contestee and made 
a part of the specification of grounds of contest herein. 

VI. 

Contestee admits the allegations contained in paragraph 8 of said specification, 
as follows: 

That the Legislative Assembly of Alaska was in session at Juneau, Alaska, when 
said Sulzer died on April 15,1919; that George B. Grigsby, tbe contestee herein, 
was the then duly elected and acting attorney general of the Territory of Alaska, 
the adviser and (--ounsellor of the said legislature and Territorial officials, includ¬ 
ing the governor. Contestee admits that the said Grigsby was a partisan Democrat 
and a political opponent of contestant, but denies tbat he was ever violent in 
that regard ; contestee admits that he, the said contestee, and a majority of the 
members of both houses of the legislature caused to be introduced in the said 
legislature a bill to call a special election to fill the vacancy caused by the 
death of the said Sulzer, and that the said legislature did on the 25th day of 
April, 1919, pass said bill, entitled “An act providing for a special election to 
fill a Vacancy in the office of Delegate from Alaska in the House of Representa- 


28 


WJCKEE^IfAM yS. SULZER, DECEASED, AND GRIGSBY. 


lives, anil declaring- gii emergency,” and that same was approved by the 
governor of Alaska on April 28, 1919, and that a substantially full and correct 
copy of said act is attached to the notice of contest and specilication of grounds 
of coptest herein an(| served upon this contestee. 

Oontestee denies the allegations contained in said paragraph 8, as follows: 
That the said I.egislature of the Territory of Alaska was composed of a majority 
of Democrats in both Houses and denies that the Territorial officials, including 
the governor and a majority of the members of both houses of the legislature 
acting together with the said Grigsl)y, prepared the said legislative act of April 
20, 1919, but alleges the fact to be that the said bill for a special election was 
prepared by this contestee at the request of a majority of the members of the 
said legislature, and not otherwise; that the same was introduced for })assage 
in said legislature; that both houses of said legislature were very evenly (li- 
vided politically ; that the house of representatives of the said legislature con¬ 
sisted of 16 members; that the Democrats had a majority of 4 in said house; 
that the said senate consisted of 8 members; tluit of said 8 members 4 were 
either llei)ublicans or partisan supporters of the said Janies Wickersham, con¬ 
testant ; that the bill for the special election prepared and introduced, as afore¬ 
said, received the unanimous vote of both branches of the legislature. 


’ YII. 


Contestee denies the allegations contained in paragraph 9 of said specification 
and the whole thereof, and alleges that the said act of the Legislature of Alaska 
approved April 28, 1919, which provides for a special election to fill a vacancy 
in the office of Delegate to Congress from Alaska is legal and constitutional and 
not in conflict with and not forbidden by the acts of Congress of May 7, 1906, 
and August 24, ]912, and that the election held thereunder on June 3, 1919, was 
in all respects legal, and that the certificate of election issued under and by 
virtue of said election to this contestee was in all respects legal and valid and 
entitled this contestee to a seat in tire House of Representatives to fill the 
vacancy caused by the death of the said Charles A. Sulzer. 

VIII. 

Contestee admits the allegations contained in paragraph 10 of said specifica¬ 
tion that on the 28th day of April, 1919, immediately on approving the said 
act of the legislature providing for a special election the governor of Alaska, 
under the advice of the said Grigsby, this contestee, the then attorney general 
of Alaska and adviser of the said governor, issued a writ ordering that the said 
election be held in Alaska to till the said vacancy in the office of Delegate to 
Congress caused by the death of the said Sulzer on April 15, 1919, and that the 
said governor in said writ directed that the said election be held in said Terri¬ 
tory on June 3, 1919. 

Contestee denies that the governor in said writ ordered the clerks of the 
court. United States commissioners, and other officials having any duty to per¬ 
form as such under the said acts of Congress, not to perform said duties in 
uccobdance with said acts of Congress. 

Contestee admits that the copy of said writ of election attached to contest¬ 
ant’s notice of contest and specificaion of grounds thereof is a sul)stantially 
true and correct copy of said writ. 

Contestee denies that said governor of Alaska in said writ directed the 
aforesaid officials to perform said acts in compliance with the illegal, uncon¬ 
stitutional acts of the legislature, but alleges that said governor of Alaska, on 
the contrary, directed as follows: 

” The election when held shall be governed by the laws of Congress regu¬ 
lating general elections in the Territory of Alaska, as set forth in chpater 2, 
Title II, of the Compiled Laws of Alaska.” 


IX. 


Answering paragraph 11 of said specification, contestee denies each and every 
allegation contained therein except those hereinafter specifically admitted. 

Contestee admits that section 4 of the act of the Legislature of the Territory 
of Alaska approved April 28, 1919, providing a special election to fill a va¬ 
cancy in the office of delegate from Alaska in the House of Representatives, 


29 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

(lid provide that the Australian ballot law theretofore passed by the Legislature 
of Alaska should not apply to said special election, and that the governor’s 
said writ and order calling said election did direct that said Australian ballot 
law should not apply to the election called for June 3, 1919. 

Contestee alleges that by reason of the great distance and inadequate trans¬ 
portation and mail facilities existing in Alaska, said Australian ballot law was 
inapplicable to said special election ; that 30 days’ notice of special election to 
nil a vacancy in the House of Representatives is a longer period of notice than 
is generally required by the laws of the respective States, and is a reasonable 
and siifhcient period of notice for an election to fill a vacancy in the office of 
I>elegate to Congress from Alaska, and that it would have been impossible to 
have held said election in compliance with the provisions of said Australian 
ballot law for the reason that the official ballots required by said law to be 
printed by clerks of the court of the respective divisions of Alaska could not 
liave been so printed and mailed to the respective election precincts in Alaska 
in time to have reached said precincts within said period of 30 days; that the 
said Australian ballot act passed by the Alaska Legislature provides, among 
other things, as follows: 

“ Sec. II. That the name of any candidate for the office of Delegate to Con¬ 
gress shall be placed upon the official ballot upon the filing of nomination pa¬ 
pers hearing the signatures of not less than 250 qualified voters of the Terri¬ 
tory, not less than 75 days before the date of the election, with the clerk of the 
district court of the judicial division in which the candidate resides, and such 
clerk shall immediately forward certified copies of the nomination papers to the 
clerks of the court of the other judicial divisions, and such certified copies shall 
be accepted for filing and have the same force and effect as the original nomi¬ 
nation papers.” 

That the provisions of said Australian ballot act were not made applicable 
to said special election by the Legislature of Alaska for the reason that at the 
time of the passage of the act providing for special election the Legislature of 
Alaska anticipated that Congress would soon be called in extra session, and 
said legislature and the meml)ers thereof believed it to be for the interests of 
the Territory of Alaska that said Territory be represented in said extra session 
by a Delegate to Congress, and that it was for the best interests of the Terri¬ 
tory of Alaska on account of the aforesaid conditions that the provisions of 
the Australian ballot law to be dispensed with in said special election, otherwise 
the said vacancy existing in the office of Delegate to Congress from Alaska 
could not have been filled until said extra session was far advanced, if not 
concluded. Contestee further alleges that the special election of June 3, 1919, 
was in all respects conducted in accordance with the laws of Congress per¬ 
taining to general elections in the Territory of Alaska. 

X. 

Answering paragraph 12 of said specifications, contestee denies each and 
every allegation therein contained except those allegations hereinafter in this 
I)aragraph admitted. 

Ckmtestee admits that at the regular congressional election held in the Ter¬ 
ritory of xVlaska on November 5, 1918, there were more than 9,000 votes cast. 
Contestee alleges that none of the legal voters of the said Territory were un¬ 
lawfully deprived of their right to vote at said special election of June 3, 1919; 
that considerably more than one-half as many votes were cast at said special 
election as were cast at the regular election of November 5, 1918; that the 
reason that the vote cast was less than that cast at the regular election of 
November 5, 1918, was because there was no Republican candidate nominated to 
run against the said Grigsby, the contestee herein, and on that account the 
election of the said Grigsby was practically conceded, and that therefore, very 
little effort was made to induce the voters to turn out at the polls at said 
election. 

XL 

Answering paragraph 13 of said specification, contestee admits all the allega¬ 
tions contained therein, except the'allegation “ that after the special election 
of June 3, 1919, said false and spurious certificate of election was issued on 
June 1'4, 1919, within a period of only 11 days after the election.” Contestee 
admits that the said certificate of election was issued on June 14, 1919, and 


30 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


within a period of 11 days after the election, but denies that the same was 
false and spurious, and alleges, on the contrary, that said certificate was legal 
and issued according to law. 

XII. 

Answering paragrajhi 14 of said specifications, contestee admits that in the 
special election of June 8, 1919, there were hut two candidates, to wit, George 
H. Grigshy, contestee, Democrat, and J. D. Jones, Labor Union candidate. Con¬ 
testee denies each and every other allegation contained in said paragraph 14. 


XIII. 

Answering pai’agraph 15 of said specification, contestee denies any knowl¬ 
edge of information sufficient to form a belief as to the truth of the allegations 
therein contained, with reference to the number of voting precincts from which 
election returns had been received when the certificate of election was issued 
to said Grigsby, this contestee, and therefore denies said allegation. 

Contestee denies each and every allegation contained in said paragraph, except 
those hereinafter specifically admitted. 

Contestee alleges that the special election act of the Legislature of Alaska 
of April 28, 1919, among other things, provides as follows: 

“ That in the canvassing of the returns the canvassing board may in their 
discretion accept telegraphic returns from the clerk of the court from each 
division, and that a certificate of election may issue previous to the receipt of 
returns from all election preciiuJs when it is apparent that the vote from the 
missing precinct will not change the result.” 

Contestee alleges that at the time when the certificate of election was issued 
to the contestee herein, to wit, on June 14, 1919, the said Grigsby had a 
majority of 980 votes over his opi)onent, J. L. Jones, according to all returns 
received by the canvassing board by mail and by telegraphic advice from the 
clerks of the court of the various divisions, and that the total vote cast in the 
election of November 5, 1918, for all candidates in the election precincts from 
which on said 14th day of June, 1919, no returns had heen received was less 
than 980 votes; that, therefore, at the time the said certificate of election was 
issued to the said Grig.sby, contestee herein, there was no possibility of the 
missing returns altering the result; that accordingly, on .said .Tune 14, 1919, in 
compliance with the special election act aforesaid, and not in violation of any 
act of Congress, the said canvassing board duly, and in accordance with law, 
issued a certificate of election to the said George B. Grigsby, contestee herein. 

Part II. 

Answering the specification of grounds of contest set forth in House Docu¬ 
ment No. 74, which has been served upon this contestee and made a part of the 
specification of grounds of contest herein, contestee admits, denies, and alleges 
as follows: 

I. 

Contestee admits the allegation contained in paragraphs 1, 2, and 3 of said 
specification of grounds of contest. 

II . 

Contestee denies each and every allegation contained in paragraph 4 of said 
specification of grounds of contest. 

III. 

Answering paragraph 5 of said specification of grounds of contest, contestee 
denies each and every allegation contained therein except those allegations 
hereinafter .specifically admitted. 

Contestee admits that the Canvassing Board of the Territory of Alaska pro¬ 
vided by the laws of Congress for the canvass and compilation of the returns 
of sjiid election and authorized to issue the certificate of election to the person 
receiving the greatest number of legal vote^ thereat was composed of the gov¬ 
ernor. the surveyor general, and the collector of customs. 

Contestee alleges that the canvass and compilation of the returns of said 
election by said canvassing board was completed as soon as all the returns of 


WTCKEr.SHAM VS. SULZEPx, DECEASED, AND GRIGSBY. 


31 


said election were received by said canvassing board and tliat the, compilation 
of said canvass was delayed until the 16tb day of April, 1919, by reasons of the 
fact that the returns from Nome, Alaska, and from several other precincts in 
tlie vicinity of Nome, Alaska, were not received by the governor of Alaska nor 
by the said canvassing board nntil the IGth day of April, 1919; that it was a 
matter of common knowledge in .Tnnean, Alaska, that the returns from Nome, 
Alaska, and the precincts in the vicinity thereof were not received by the 
governor of Alaska i)rior to said date, as the contestant, James Wickersham, 
at all times subsequent to said date well knew; that it was a matter of common 
knowledge at Jnnean, Alaska, and was well known to the said .Tames Wicker¬ 
sham, on May 3, 1919, when he transmitted the document now known as House 
Document No. 74 to the Speaker of the^ House of Representatives, that on 
account of the epidemic of Spanish influenza at Nome, Alaska, and elsewhere 
in the second division of Alaska the United States mails were quarantined 
from a period beginning shortly after-the close of navigation in October, 1918, 
and ending on the 15th day of February, 1919, and that the returns of said 
election of November 5, 1918, did not and could not leave, Nome, Alaska, prior 
to February 15, 1919, all of which was well known to the said .Tames Wicker¬ 
sham when on tlie 3d day of IMay, 1919, he subscribed and swore to the allega¬ 
tions contained in paragraph 5 of said speciflcation of grounds of contest. 

AVlierefore contestee alleges that the allegation contained in paragraph 5 of 
said specification of grounds of contest, “ that seeking to embarrass and delay 
this contestant in securing a prompt and fair settlement of his rights in the 
matter of said office and in ascertaining the result of said election so held in 
said Territory on November 5, 1918, the said canvassing board purposely de¬ 
layed the collection of the oflicial election returns and the canvass thereof from 
month to month until April 16, 1919,” was and is false, and willfully false, 
as the said James Wickersham on the said 3d day of May, 1919, when he 
subscribed and swore to said allegations then and there well knew. 

. Uontestee further alleges in this behalf that the contestant, .Tames AVicker- 
shani, received a majority of several hundred votes in Nome, Alaska, and the 
precincts in the vicinity thereof, and that if the canvassing board had com¬ 
pleted their official canvass prior to the receipt of the returns from Nome, 
Alaska, and vicinity, the said James AATckersham would have been defeated 
in the election of November 5, 1918, by several hundred votes and Charles 
Sulzer would have been elected by a majority of several hundred votes 

IV. 

. Contestee admits the allegations contained in paragraph 6 of said specifica¬ 
tion of grounds of contest except the allegation therein contained that the com¬ 
pilation of the election returns was delayed by the canvassing board. Contestee 
alleges that the only delay of the compilation of the election returns of the 
election of November 5, 1918, was caused as in the last paragraph stated, by 
the nonarrival of the election returns from Nome, Alaska, and vicinity. 

V. 

Answering paragraph 7 of said speciflcation of grounds of contest, contestee 
denies each and every allegation contained therein except that the governor 
of Alaska did announce in most, if not all, the newspapers of Alaska that it 
was his intention to issue on or about the 29th day of April, 1919, a call for 
a special election, to be held on .Tune 3, 1919, to fill the vacancy caused by 
the death of Charles A. Sulzer in the office of Delegate from Alaska in the 
House of Representatives. 

VI. 

Answering paragraph 8 of said specification of grounds of contest, contestee 
denies each and every allegation therein contained except those hereinafter 
specifically admitted. Contestee denies that the Territorial canvassing board 
in canvassing the returns of said election of November 5, 1918, and in deciding 
and determining how many votes were cast for each candidate based their 
decision exclusively upon the face of the certificates of results of the election 
at each precinct throughout the Territory, but contestee alleges that in mak¬ 
ing said canvass the said canvassing board took into consideration the ballots 
which accompanied the returns, compared the number of ballots with the 


32 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


luuiiber of ballots stated in the cert ideates of results from the various pre¬ 
cincts, and corrected errors of computation. 

Contestee admits that said canvassing board did not take into consideration 
errors or mistakes in the conduct of the election by electors and officials, and 
admits that said canvassing board did not take into consideration errors or 
mistakes in the determination of results by the judges of election except 
errors of computation. 

Contestee admits that in some of the voting precincts in said Territory in 
the matter of the counting or rejection of certain ballots the judges of election 
made errors and in some cases rejected ballots that should have been counted 
and in other cases counted ballots that should have been rejected, but con¬ 
testee alleges that such errors and mistakes were few in number, and further 
alleges that such mistakes and errors were not more prejudicial to the said 
contestant, James \V. Wickersham, than to his opponent, Charles A. Sulzer, 
and contestee further alleges that the said canvassing board was without the 
power to correct said mistakes and errors, except errors of comi)utation, but 
was compelled by the laws of Congress to canvass and compile the vote speci¬ 
fied in the said certificates of result. 


VII. 

Answering paragraph 9 of said specification of grounds of contest, contestee 
admits, denies, and alleges as follows: 

Contestee admits that the act of the Legislature of Alaska approved iVIay 3, 
1917, was as set forth in said paragraph, but denies that said act was void 
or in violation of the acts of Congress relating to the same subject in Alaska 
in so far as said act relates to prescribing the forms of ballots at said election. 
Contestee alleges that he did, pursuant to said act, as attorney general of 
Alaska, fully, and not in part, comply with all the provisions of said act; that 
he did prescribe the form of official ballots and that the form prescribed by 
him was in accordance with the laws of Congress relating to the same subject 
in Alaska ; that this contestee, as attorney general of Alaska, did prescribe 
and prei)are forms of official ballots, register of votes, registration books, 
certificates, and oaths of judges, election certificates, and all other forms 
necessary for the conduct of the election of November 5, 1918, and furnished 
said forms to the election officials for use in said election; that said forms 
were universally used and followed throughout Alaska in the election of 
November 5, 1918, and were legal and proper forms and were not objected to 
by the contestant, James W. ''A'ickersham, prior to said election nor since said 
election. 

Contestee admits that as attorney general he caused to be printed in the’ 
instructions to election officials an instruction to the effect that no person 
could vote in said election except that said person had been for one year 
immediately preceding the date of election an actual and bona fide resident 
of the Territory of Alaska, and a resident of the votijig precinct * where he 
vot('d for at least 30 days immediately preceding the date of said election. 

Contestee denies that fraudulently intending to .permit illegal votes to be 
cast by Democratic partisans in violation of such law and instructions, the 

election officers, in many precincts, and especially in Ketchikan, Charcoal 

I‘oint, Juneau, Sulzer, Craig, Baranof, Douglas, and Valdez precincts, and 
a large number of other precincts in said Territory, allowed persons to cast 
their ballots therein well knowing that such persons were not (pialified to 
vote in such precincts under the acts of Congress and the instructions of the 
attorney general, and in that behalf contestee alleges that by an act of the 
Legislature of Alaska, approved April 27, 1915, it was enacted that “ any 
person of the age of 21 years or more, who is a citizen of the United States, 

who has lived in the Territory of Alaska one year, and in' the judicial division 

in which he or she offers to cast his or her vote 30 days immediately preceding 
such election, shall l)e entitled to vote at all elections therein; * * * 

in the election for Delegate to Congress in 1916 the said act of the Legislature 
of Alaska so changing the qualifications of voters as aforesaid was accepted 
by the election officials and voters of Alaska and by the candidates for office, 
including the said James Wickersham, as being the law in force governing 
the qualifications of voters at said election. That at the time of the Delegate 
election of November 5, 1918, there was a great difference of opinion in this 
regard throughout Alaska; that in one or more election precincts of Alaska 


WICKERSHAM YS. SULZEE, DECEASED, AND GRIGSBY. 


33 


it was aj^reeil betwet'ii the siii)i)orters of Chtirles A. Siilzer and the siipiiorters 
of James iekersliam, respeetively eaiulidates for Delejiate to Conj?ress, that 
110 challeiiares Avoiild he iiiterposeil to persons oft’erinji' to vote ftir the reason 
rliat said persons were not residents of the precincts in which they offered to 
vote; that in many other precincts no challenges were interposed on account 
of said nonresidence in the precinct where the person offered to vote; that 
in many ()f the election precincts of Alaska persons voted for James Wick- 
ersham for Delegate to Congress at the election of Novemher 5, 1918, who 
had not been residents of the precincts where they voted for 30 days prior to 
saiil election, as will hereinafter more fully appear. 

Contestee denies any information or knowledge sufficient to form a belief 
as to the allegation containe<l in said paragraph 9 to the effect that disquali¬ 
fied persons were allowed to cast their votes in Ketchikan, Charcoal Point, Ju¬ 
neau, Sulzer, Craig. Paranoif, Douglas, Valdes, and a large number of other 
precincts in said Territory and therefore contestee denies said allegation and 
the whole thereof. 

YIIl. 

Answering paragraph 10 of said specification of grounds of contest, contestee 
denies and alleges as follows; 

1. Contestee denies any information or knowledge sufficient to form a belief 
as to whether or not said Charles A. Sulzer voted at Charcoal Point at the 
election of November 5. 1918, as in subdivision 1 of said paragraph 10 alleged, 
and therefore denies the same, but contestee alleges that if the said Charles 
A. Sulzer voted at Charcoal I’oint as alleged in subdivision 1 of said paragraph 
10, that he did so in good faith and in the belief that he was entitled so to 
<lo in accordance with the provisions of the act of the legislature of the Ter¬ 
ritory of Alaska of 1915. and not with fraudulent or criminal intent. 

2. Answerong subdivision 2 of said paragraph 10, contestee admits that on 
November 5, 1918. one W. H. Morrissey was the duly appointed clerk of the 
said Charles A. Sulzer and was under salary as such clerk from the fund ap¬ 
propriated by Congress for such purpose, but denies any knowledge or in¬ 
formation sufficient to form a belief as to the truth of the allegation contained 
therein to the effect that the said Morrissey voterl for the said Charles A. 
Sulzer for Delegate to Congress on November 5. 1918, and that said vote was 
received, counted, and carried into the returns and is now credited to the said 
Sulzer in the total vote, and therefore denies said allegation. 

Contestt'e alleges that the said W. H. Morrissey was and had been a resi¬ 
dent of Juneau, Alaska, for 39 days immediately prior to said election of No¬ 
vember 5, 1918, and was on said date entitled to vote at Juneau, Alaska. 

Contestee denies that if the said Morissey voted at Juneau, Alaska, on No¬ 
vember 5, 1918, he did so knowing said act to be a crime, and that he com¬ 
mitted said crime willfully and without fear of punishment, knowing that all 
officers in said division whose duty it was to prevent and punish offenses against 
the election laws were political friends and supi)orters of the said-Charles A. 
Sulzer, 

3. Answering subdivision 3 of paragraph 10. contestee admits that on No¬ 
vember 5. 1918, R. W. Jennings was the judge of the District Court of Alaska, 
Division No. 1; W. A, Holzheimer was the judge of the District Court of 
•Alaska. Division No. 2; Fred M. Brown was the judge of the District Court of 
Alaska, Division No. 3; Charles E. Bunnell was the judge of the District Court 
of Alaska, Division No. 4; that it is the duty of the said district judges to ap¬ 
point and at pleasure remove commissioners in and for the district and that 
each of said judges had long prior to said election of November 5, 1918. so 
appointed commissioners in each recording district, and contestee admits that 
the duties of said commissioners were substantially as set forth in said subdi¬ 
vision 3 of paragraph 10. Contestee admits that the judges of the district courts 
of Alaska have the power to and do always have since said courts were cre¬ 
ated apiwinted the clerks of the courts in their respective divisions, and that 
all of said laws had been complied with prior to the election of November 5» 
1918, and that the law with reference to the appointment of judges of elec¬ 
tion and the duties of said judges with respect to making returns of election 
are substantially as set forth in said subdivision and were complied with in 
respect to the electon of November 5, 1918, and that the canvassing board in 
the Territory of Alaska was and is composed of the governor, surveyor gen¬ 
eral, and collector of customs. 


151279—2a 



34 


WKUCERSHAM VS. SULZEK, DECEASED, AND GRIGSBY. 


Contestee denies tlnit the said ^^ovenior of Alaska, the surveyor freneral, and 
collector of customs, so comprising said canvassing hoard, the said four judges 
of the District Court of Alaska, and said four clerks of the district courts, 
and all United States marshals, district attorneys, and all other Federal offi¬ 
cials in said Territory were, at all times mentioned therein. Democrats and 
])artisans and supporters of said Sniper; denies that in each precinct the said 
Democratic commissioner appointed two Democrats and either a Republican 
opponent of contestant or a Socialist as the three election judges and clerks 
of said election in said ju-ecincts and thereby the whole election machinery in 
the conduct of said election of November o. 1018, in said Territory was in 
every detail and at every point controlled and managed by the friends and 
supporters of the said Sulzer. and not otherwise, and that neither said con¬ 
testant nor his friends and supporters had any part or control in the man¬ 
agement of said election, and that if there were any frauds or illegal acts 
committed in said election they were done and performed by the said appointed 
friends, partisans, and supporters of Sulzer, for his benefit and not otherwise, 
and ill that behalf contestee alleges: 

That the act of Congress entitled “An act providing for the election of a 
Delegate to the House of Representatives from the Territory of Alaska,” ap¬ 
proved May 7, llMXt, iirovides that each incorporated town in the Territory 
of Alaska shall constitute an election district, and that the city council of each 
incorporated town shall appoint the judges and clerks of the election, and that in 
the election of November 5, 1918, the city councils of the incorporated towns in 
Alaska did appoint the judges and clerks of election, and that the city coun¬ 
cils of most of the incorporated towns in the Territory of Alaska were not at 
said time partisans and supiiorters of Charles A. Sulzer, but were partisans 
and supporters of James Wickersham, and that more than one-half of the total 
vote cast for Delegate to Congress in the election of November 5, 1918, was 
cast in the incorporated towns. 

10. Answering subdivision 4 of said paragraph 10, contestee admits that on 
November .5, 1918, one William Mahoney was the United States commissioner 
for the Ketchikan recording district, having been appointed to such position 
by R. W. Jennings, judge of tlie District Court for the First Division of 
Alaska, and that said Mahoney divided the Ketchikan recording district into 
voting precincts as required by law, but contestee denies that said Mahoney 
established the Ketchikan voting precincts and alleges that the town of Ketchi¬ 
kan constituted a voting precinct by law, the same being an incorporated town. 
Contestee admits that said Mahoney was at said time a Democrat and sup¬ 
porter of said Charles A. vSulzer. Contestee denies any knowledge or informa¬ 
tion sufficient to form a belief as to the truth of the allegation contained in 
said subdivision with reference to the activities of the said IMahoney on 
election day, particularly with reference to his having used his automobile 
in behalf of said Sulzer and in hauling voters to the polls, and therefore denies 
said allegation. Contestee denies that on said election day the said Mahoney 
compelled and induced the prostitutes residing in Ketchikan to go to the polls 
there and vote for Sulzer, and denies that the said Mahoney hauled a big 
fat negro prostitute to the polls in Ketchikan, and denies that the said Mahoney 
and Sulzer acting together induced and procured certain other persons, to wit, 
A. van Mavern, Charles Leask, George A. Nix, and C. Dudler to cast their 
votes for Charles A. Sulzer, at the said Charcoal Point voting precinct, and 
denies any knowledge or information as to the truth of the allegations that 
_ certain disqualified persons voted for said Charles A. Sulzer and therefore 
denies said allegations; denies that each of said persons and many others 
who were not residents and legal voters in said Charcoal TN)int precinct, were 
induced and persuaded by said Mahoney and Sulzer, in violation of law, to 
cast their votes for said Sulzer in said ('harcoal Point pi-ecinct; denies that 
the judges of election at Charcoal Point willfully and in violation of the law 
permitted illegal votes to he cast and deposited them in the ballot box, and 
counted them in the returns in favor of said Sulzer and that illegal votes 
cast at Charcoal Point for said Sulzer now form part of the total vote claimed 
by said Sulzer in the totals compiled by the canvassing l)oard for said Terri¬ 
tory; denies knowledge or information as to the allegation that (Riarles Leask 
was born in British Columbia, Canada, and was never naturalized and is 
not a citizen of the United States nor a legal voter in Alaska and therefore 
denies said allegation; denies that the said George A. Nix cast an illegal 
ballot at Charcoal Point voting precinct and that the said Charles A. Sulzer 
acting by and with the said Mahoney, procured the said Nix to so unlawfully 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. . 35 


and illegally cast his said vote there for said Siilzer hy means of threats and 
intimidation, and hy overawing the said Nix and the election officers by rea¬ 
son of the official position and demands of the said INIahoney and the said 
Siilzer, the said INIahoney and the said election officers well knowing that the 
said Nix was an Indian who through fear and ignorance, would obey the 
commands of those occupying official positions; denies any knowledge or in¬ 
formation sufficient to form a belief as to the truth of the allegation that 
all the votes so cast by the persons named in said subdivision 4 in said Char¬ 
coal precinct and others of a similar kind were duly received, counted and 
credited to Sulzer and included in the returns and total vote so found to be 
cast for said Sulzer hy the canvassing hoard, upon which the said Sulzer 
claims the right to the office of Delegate to Congress from Alaska and there¬ 
fore contestee denies said allegation. 

5. Answering subdivision 5 of said paragraph 10, contestee denies any knowl¬ 
edge or information sufficient to form a belief as to the truth of the allegations 
contained in said subdivision 5, and, therefore, denies each and every allegation 
therein contained. 

G. Answering subdivision 6 of said parngraph 10, contestee admits, denies, and 
alleges, as follows: 

Contestee admits that the Sulzer and Craig voting precincts are in the Ket¬ 
chikan election district; that the election officers there were appointed by 
William INIahoney; that in the Sulzer voting precinct on Prince of Wales Island 
about 60 miles distant from the town of KetchiJvan is located the Haida Indian 
lieservatiqn, and in the Craig voting precinct is located the Klawock Indian 
Reservation, and that both of these reservations were created more than two 
years prior to November, 1918, hy Executive orders of the President of the 
Pnited States, and both of which were at all times, mentioned herein, occu- 
P’ed and inhabited by Indians. 

Contestee denies that none of said Indians had voluntarily or otherwise taken 
up their residence separate and apart from any tribe of Indians and a<lopted the 
habits of civilized life; denies that all Indians on such reservations lived there 
as wards of the Covernment in tribal relaticms, and denies that none of them 
vrere on November 5, 1918, (pialitied or legal voters under the laws of the United 
States, or entitled to cast a ballot or vote at said election, but on the contrary, 
contestee alleges that all of said Indians were citizens of the United States, 
tiiat all of them had severed their tribal relations, if any such tribal relations 
ever existed, that all of them had adopted the habits of civilized life, that none 
t>f them were wards of the Government in any sense, but that all were free and 
independent citizens of the United States, and highly educated and civilized. 

Contestee denies any knowledge or information suflicient to form a belief as 
to the truth of the allegations contained in said subdivision 6 to the effect that 
more than 20 of said Indians from the Haida Indian Reservation on election 
day voted for Sulzer at the Sulzer voting precinct and that more than 20 of 
said Indians from the Klawock Indian Reservation voted for said Sulzer at 
the Craig voting precinct, juid that said ballots and said votes were counted and 
credited in favor of said Sulzer in the total vote compiled and credited, to him 
l)y the final action of the said canvassing board, and, therefore, contestee de¬ 
nies said allegations, 

7. Answering subdivision 7 (O’ said paragraph 10, contestee denies any knowl¬ 
edge or information sufficient to form a belief as to the truth of the allegations 
contained in said subdivision 7, with reference to the Baranoff voting precinct, 
and, therefore, denies each and every allegation therein contained. 

8. Answering subdivision 8 of said paragraph 10, contestee denies any knowl¬ 
edge or information sufficient to form a belief as to the truth of the allegations 
contained in said subdivision, with reference to the Kake voting precinct, and, 
therefore, denies each and every allegation contained in said .subdivision 8. 

9. Answering .subdivision 9 of said paragraph 10, contestee deides any knowl¬ 
edge or information as to the truth of the allegations therein contained, with 
reference to the number of votes cast or for whom they were cast at the Douglas 
No. 2 voting precinct on Douglas Island, and, ther(‘fore, denies said allegation. 

(’ontestee .specifically denies each and every allegation in said subdivision 9 
contained, with refereiice to votes having been cast at said precinct at the said 
election of November o, 1918, hy Indians, who were not citizens of the United 
States and not lawfully entitled to vote at .said election. And contestee spe¬ 
cifically denies the allegations contained in said subdivision 9, with reference 
to the acts charged 1 herein to have been performed br .Tames A. Smiser. 


36 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 


United States attorney, and John J. Reagan, assistant United States attorney,, 
and George Johnson, deputy United States inarslial, and denies that said oifi- 
cials or any of them for the purpose of subverting and violating the laws per¬ 
taining to the elections in the Teriltory of Alaska, induced certain Indians men¬ 
tioned in said subdivision to vote at said election for the said Charles A. Sulzer. 
('ontestee alleges that all of said Indians mentioned in said subdivision were 
citizens of the United States and entitled to vote at said election. 

10. Answering subdivision ]0 of said paragraph 10, contestee denies that at 
the Juneau No. 1 voting precinct at Juneau, Alaska, 21 votes were cast by In¬ 
dians who were not citizens of the United States and not lawfully entitled to 
vote at the election of November 5, 1918, for Charles A. Sulzer. Contestee denies 
all of the allegations contained in said subdivision 10, with reference to the 
acts therein alleged to have been performed by United States attorney, James 
A. Smiser, and assistant United States attorney, John .1. Reagan, and denies 
that sjiid othciids for the puii)ose of subverting and vit)lating the laws pertain¬ 
ing to the elections in the Territory of Alaska, induced certain Indians or any 
Indians to vote at Juneau No. 1 election precinct for the said Charles A. Sulzer 
or at all, and denies that said Indians mentioned in said subdivision were not 
citizens of the United States and entitled to vote at said election; denies that 
said ofiicials overawed the judges of election at the said election precinct and 
persuaded the judges of election, contrary to the personal judgment of the said 
judges of election to permit the .^gid Indians to so vote at said election. 

Contestee alleges that all of the persons and Indians mentioned in said sub¬ 
division 10 were citizens of the United States and residents of the Territory of 
Alaska and entitled to vote at the election of November 5, 1918. 

11. Ansv/ering subdivision 11 of said paragraph 10, contestee denies any 
knowledge or information suHicient to form a belief as to the truth of the alle¬ 
gations contained therein witli reference to the number of votes cast at the pre¬ 
cincts mentioned therein, to wit, Tokeen, Kake, Loring, Tenakee, Windham, 
Chisana, and Ninilchik, and, therefore, denies said allegations. 

Contestee denies that the election at any of siiid precincts was void, ami that 
the certificate of results and all of the votes cast at said precincts should be 
eliminated in deteimiining the results of said election held on November o, 1918. 

(’ontestee denies thar any knowledge or information sutiicient to form a be¬ 


lief as to the truth of the allegations to the effect that the judges of election at 
the precincts above mentioned failed to remove either one or bfdh of the stubs 
or coupons from the ballots cast at said election precincts before depositing 
the same in the ballot boxes in said precincts, and, therefore, denies said alle¬ 
gation. Contestee denies that if the judges of election fail to so remove said 


coupons or stubs that by such failure the judges of election at each voting pre¬ 
cinct were able to determine how each elector voted, and that any person at 
any time inspecting said ballots and the duplicate election register could deter¬ 
mine for what candidate each elector voted, and denies that if such coupons 
and stubs were not removed, as alleged, tbe secrecy of the ballot was destroyed; 
denies that by reason of the facts alleged in said subdivi.sion 11, if said facts 
are true, that the said election at the said voting precincts aforementioned 
should he held null and void, and the results of said election, as shown l)y the 
certiticates of election, be deducted from the general results of said election. 
Contestee alleges that there is no law of Congress or of the Territorial Legis¬ 
lature of Alaska which provides that any voter in Alaska shall he disfranchised 
because of th(‘ failure of a judge of election to tear off and detach the stub"or 
coupon attached to the ballot after the voter has marked said ballot and de¬ 
livered the same to the judge of election, and contestee alleges that no voter can 
be so deprived of his vote l)y reason of such failure or omission of a judge of 


election. 

12. Answering subdivision 
knowledge or information as 
subdivision with reference to 


12 of said paragraph 10, contestee denies any 
to the truth of the allegations contained in said 
. , , . , .. - failure of the judges of election to count or 

include in the olhcial results of the election certain ballots cast for contestant 
at the precincts mentioned in said subdivision, to wit, Juneau No. 3 Candle 
I^^damar, Eyak, Kenai, McGrath, Palmer, Beetles, Brooks' 
1 ort Gibbon, Fairbanks, and Nenana, and, therefore, contestee denies all the 
allegations in said subdivision 12 contained. 

13. Answering subdivision 13 of said paragraph 10, contestee denies each 
allegation therein contained and the whole thereof and alleges that 
a of the votes cast at the precincts of Granby, Copper Center, and Sourdough 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


37 


ill the third division, and in Richardson, Fairbanks, Chena, Nenana, Hot 
Springs, Tanana, Fort Gihlion, Louden, Ruby, Niilato, Eagle, and Circle in the 
fourth division, and in Haines in the tirst division, and in other voting pre¬ 
cincts in Alaska for Charles A. Sulzer for Delegate to C^mgress at the election 
of Noveniher u, 1918, were <‘ast by persons qualified to vote under the laws of 
Congress and the Territory of Alaska at said election. 

14, Answering subdivision 14 of said paragraph 10, contestee admits, denies, 
and alleges as follows: 

Contestee denies any knowledge or information sudicient to form a belief as 
to the truth of the allegations contained in said subdivision 14 with reference 
to the establishment and discontinuance of the Jack Wade Creek voting pre¬ 
cinct in the Forty-^Iile recording district in the fourth judicial division of 
Alaska, and, therefore, denies said allegations. 

Contestee has no knowledge or information as to the numher of qualified 
voters residing in the Jack AVade ('reek voting precinct on November o. 1918, 
hut denies that there were more than ten qualified voters residing in said 
precinct, and denies that any of said voters were prevented from voting by i‘ea- 
soii’of tlie fact, if it was a fact, that no judges were appointed for the holding 
of an election at said Jack AAhule Creek precinct. 

Contestee denies any knowledge or information as to the truth of the alle¬ 
gations contained in said subdivision, with reference to the establishment of 
a voting precinct within the jurisdiction of the commissioner of the forty- 
mile recording district known as ('hicken, and, therefore, denies said alle¬ 
gation, but alleges tliat the precinct of Chicken existed and was regularly 
organized prior to the 7th day of November, 1916, and that if the boundaries 
of Chicken precinct were changed to include Jack AAaide Creek precinct, 
such action would not have rendered it impossil)le for the residents of Jack 
AA'ade Creek to cast their ballots at Chicken, and contestee further alleges 
that no votes were lost to the said James AA'ickersham by reason of any of 
the alleged changes in the e.stahlishment of voting precincts in the forty- 
mile recording district by the said John J. Donovan, United States Commis¬ 
sioner, as set forth in said subdivision 14. 

Contestee alleges that in the precinct of Jack AAhide Creek at the election 
.of November 7, 1916, there were more voters i-esiding in said precinct than 
resided in said precinct at the time of the election of November 5, 1918, yet 
notwithstanding such fact, at the election of November 7, 1916, the said 
Janies AATckersham, contestant, received hut 8 votes in said Jack AAuide Creek 
precinct out of a total number of 21 votes cast in said Jack AAhule Creek pre¬ 
cinct, and, therefoi-o, contestee alleges that contestant was not, and could 
not, have been deprived of 31 votes by the change in the boundaries of the 
said forty-mile recording district prior to the election of Noveniher 5, 1918. 

l.“). Answering sulidivision 15 of said paragraph, conte.stee denies that the 
said Charles E. Runnell, judge of the District Court for the Territory of 
Alaska, P''ourth Division, is a violent political partisan of contestee, and 
makes all of his appointments for commissioners in said fourth division for 
political reasons: denies that each and every one of his commissioners in 
said fourtli division engages in partisan politics at each hiennial election for 
l>elegate to Congress from Alaska, and denies that the entire election ma¬ 
chinery in said division is controlled by the said Runnell through his com¬ 
missioners for political ends. 

Contestee denies that at the time of the election of November 5, 1918, the 
.Tack AA’ade Creek and Steel Creek precincts had each of them more than 
30 voters within their boundaries. Contestee has no knowledge as to whether 
the Jack Wade Creek and Steel Creek precincts were abolished in the' year 
1918. ('ontestee denies any knowledge or information sufficient to form a 
belief as to the truth of the allegations contained in said paragraph, with 
reference to the redistricting of the recording district of Forty-Mile, and, 
tlierefore, denies said allegation, hut alleges that if said Forty-AIile precinct 
w'as redistricted, it was not for the purpose of preventing, and did not pre¬ 
vent, the electors in .said .Tack Wade Creek and Steel Creek precincts from 
voting at the election of November 5, 1918, and denies that the voters of said 
precincts were wholly disfranchised. C'ontestee denies that any fraudulent 
action was committed by the commissioner in the election districts wherein 
Cripple ('reek. Fish Creek, and other voting precincts in the fourth division 
are situated, and denies that any electors in said precincts were prevented 
from voting in the election of November 5, 1918, and denies that said con¬ 
testant lost any votes by reason of any act of the commissioner, with reference 


38 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


to the said Cripple Creek and Fish Creek and other votinj? preeiiic'ts in tlie 
fourth division, ('ontestee allejjes that at the time of the eUndion of Novein- 
her 7, 191G, there were more voters residing? in Stt'el Creek precinct tlian 
resided in said i)recinct at the time of the election of November 5, 1918; 
that notwithstanding said fact, at the election of November o, 1918, the said 
James 'Wickersham, contestant, received hut 7 votes out of a total of 10 cast 
at said Steel Creek precinct, and the said James Wickersham could not. and 
did not, lose 30 votes or any number of votes by reason of any chan.^e in the 
boundaries of Forty-Mile recording district. 

IG. Answering subdivision IG of said paragraph 10, contestee admits that in 
the precinct of Coi)per Center there wei*e 10 votes cast at the election of Novem¬ 
ber 5, 1918, for the said Charles A. Sulzer, but denies all the allegations con¬ 
tained in said subdivision with reference to the acts of Lewis T. Erwin, United 
States marshal for the fourth division; Thomas J. Donahoe, Democratic na¬ 
tional committeeman for Alaska, and Charles A. Sulzer, and with reference to 
said i>ersons having threatened the residents of Copper Center that unless they 
endeavored to procure and did procure all of the electors at Copper Center to 
cast their ballots for said Charles A. Sulzer for the office of Delegate from 
xVlaska at the election held in said precinct on November o, 1918, the said United 
States post office would he moved from Copper Center, to the great injury of 
the community, and contestee denies that any such threats were made to the 
said R. Blix, or any other person, and denies that said 10 votes cast for 
Charles A, Sulzer in said Copper Center precinct were illegally obtained or ob¬ 
tained by threats. Contestee alleges that all of said votes were cast by the 
voters of Copper Center as their free and independent act and in accordance 
with what they believed to l)e for the best interests of the Territoi'y of Alaska 
and not otherwise. 

17. Answering subdivision 17 of said paragraph 10, contestee a(lmits that the 
certificate of the result of the election held at the Unalaska election precinct 
in the Aleutian Island recording district in the third division of the Territory 
of Alaska showed that .Tames Wickersham received 17 votes and Charles A. 
Sulzer received 54 votes. Contestee admits that said certificate was received 
by the canvassing board for the Territory as true and correct. 

Contestee denies that the election held at said precinct at Unalaska was null 
and void, and denies that the certificate of result of said election should be 
canceled, and that the votes therein alleged to have been received by each can¬ 
didate should be deducted from the total vote. Contestee denies that at said 
election the judges of election inaugurated and maintained a system whereby 
they and all persons present at the polls were enabled to determine how each 
elector voted and for what particidar candidate each elector cast his ballot 
by then and there preparing one separate and distinct form of fmllot for each 
of the candidates for Delegate from Alaska and requiring then and there each 
elector when appearing at the polling place for the purpose of exercising his 
rights as an elector to announce which ballot he desired to vote, and thereupon 
and after such announcements had been made by the elector the judges would 
deliver to such elector the ballot for the candidate which he openly announced 
his intention to vote for, thus and thereby destroying utterly the secrecy of the 
ballot and making the election at that precinct in substance and effect a viva 
voce vote. Contestee alleges that if no official ballots were used at said election 
in said precinct it was because no official ballots were received by the election 
judges prior to the date of election, and contestee further alleges that the act 
of the Legislature of the Territory of Alaska, approved April 27, 1915, provides, 
as follows: 

“ Sec. 21. That in any precinct where the election has been legally called 
and no official ballots have been received, the voters are permitted to write or 
print their ballots, but the judges of election shall in this event certify to the 
facts which prevented the use of the official ballots, which certificate must 
accompany and be made a part of the election return.” 

Contestee is informed and believes, and, therefore, alleges that no official 
ballots were received in the Unalaska voting precinct, and that the voters 
were i)erniitted to write or print their l)allots, as in the above section i)rovided, 
and that the certificate of the judges of election certifying to such facts ac¬ 
companied the returns from said pi'ecinct of Unalaska. 

18. Answering sidnlivision 18 of said paragraph 10, contestee admits that 
at the Naknek election precinct the certificate of result of the election of No¬ 
vember 5, 1918, showed that 10 votes were cast for Charles A. Sulzer and no 
votes were cast for any other candidate, that said certificate of result was ac- 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


39 


cei)to(l as true and correct by the Territorial canvassing board, that no official 
ballots were used at tbe said Nakiiek precinct, but denies each and every other 
allegation in said subdivision contained, and alleges that the election at said 
precinct was conducted according to the laws of Congress and the Territory of 
Alaska. 

19. Answering subdivision 19 of said paragraph 10, contestee admits that 
at the Cache Creek voting precinct in the third judicial division of the Terri¬ 
tory of Alaska, Charles A. Sulzer received 28 votes and .Tames Wickersham 
received 2 votes at the November 5, 1918, election, but contestee denies any 
knowledge or information suflicient to form a belief as to the truth of the 
allegations contained in said subdivision with reference to the polls having 
i)een opened at said Cache Creek precinct at the hour of 4 o’clock in the morn¬ 
ing, and as to the 23 votes which were cast for (’harles A. Sulzer having been 
cast between the hours of 4 o’clock and 8 o’clock in the morning, and. there¬ 
fore, contestee denies all of said allegations. 

Contestee alleges that if the i)olls at Cache Creek were, as alleged by con¬ 
testant, opened at 4 o’clock in the morning, and if votes were cast for the 
said Charles A. Sulzer hetween the hours of 4 a. m. and 8 a. m., that the said 
.Tames Wickersham, contestant, was not thereby prejudiced, and that the v.ote 
cast for Charles A. Sulzer in said precinct should not be deducted and elimi¬ 
nated from the general result. 

20. Answering subdivision 20 of said paragraph 10, contestee admits that 
at the election at the Sourdougli voting precinct of the third judicial division 
on the oth day of November, 1912, 12 votes were cast, of which 5 votes were 
cast for contestant. .lames Wickersham, and 7 for Cliarles A. Sulzer, which 
said votes were credited to each of said candidates by the Territorial can¬ 
vassing board. Contestee denies that the aforementioned nunil)er of votes 
cast for contestee at said i)recinct should be wholly eliminated and the number 
of votes cast for contestant at said precinct should he increased by 1.5 votes, 
and denies that in the immediate neighborhe.od of the said Sourdough road 
house there were not less than 1.5 legally qualified electors who were friends 
and political supporters of this contestant, and who would have voted for con¬ 
testant at the election of November 5, 1918. had they been afforded an op¬ 
portunity to do so, and denies that the changing of the polling place from the 
Sourdough road house to the Gulkana road house deprived the said contestant 
of 15 votes or any votes, and denies that the said William O’Connor, United 
States commissioner, changed the polling place from the Sourdough road house 
to the Gulkana road house for the purpose of depriving contestant of any votes, 

Conte.stee alleges that at the election of November 7, 1916, several tbou.saml 
more votes were cast than were cast at the election of November 5, 1918, but 
tliat at the precinct of Sourdough in the election of November 7, 1916, con¬ 
testant, .Tames Wickersham, received but 5 votes, wbich is the .same number 
he received at the election of November 5, 1918; that at the time of the election 
of November 5, 1918, a large proportion of the voting i)opulation of Alaska was 
outside of the district of Alaska engaged in various forms of war service, and 
that tliere was a less number of legal voters in tbe Sourdougli voting precinct 
on November 5, 1918, than on November 7. 1916, yet tbe said .Tames Wicker¬ 
sham received tlie same number of votes at each election and was not deprived 
of any votes whatever by reason of the change of the polling place. 

21. Answering subdivision 21 of said paragraph 10, contestee admits that at 
the election of November 5, 1918, Charles A. Sulzer received 11 votes at the 
Ivuskulana No. 1 polling place and that .Tames Wickersham received 1 vote at 
said polling place, and that at the Ivuskulana No. 2 polling place Charles A. 
Sulzer received 4 votes and James Wickersham received 2 votes, and that all 
of said votes cast at said precincts were so credited to the said Sulzer and to 
the said Wickersham. 

Contestee denies each 'and every other allegation in said subdivision 21 con¬ 
tained. 

22. Answering subdivision 22 of said paragraph 10, contestee denies each 
and ('very allegation therein contained, except as hereinafter admitted. 

Contestee admits that the Dillingham election district lies on Bristol Bay 
on both sides of the Nushagak Biver in the western part of the Territory of 
Alaska, and that L. H. Th-ench was the United States commissioner in said 
Dillingham recording and election district on Novem))er 5, 1918. 

28. Answering subdivision 28 of said paragraph 10, contestee denies each and 
every allegation therein contained, and denies that contestant was deprived of 
more tlian 50 votes or any votes by the errors and mistakes of various election 


40 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

oflicers, and tlenies. that the canvass of the returns of said election of Noveinher 
5, 1918, was conducted as in said subdivision alleged or in a manner i)rejudicial 
to tile said contestant. 

24. Answering- subdivision 24 of said paragraph 10, contestee denies each and 
every allegation therein contained. 

25. Answering subdivision 25 of said paragraph 10, conte.stee admits, denies, 
and alleges as follows: 

Contestee admits that Alaska is almost as large as the United States east of 
the Mi.ssissippi River; that the judicial divi.sions are each larger than the State 
of New York ; that many of the election districts are larger than many of the 
States in the Union; that Juneau, Valdez, Fairbanks, and Nome are among 
the principal places for the conduct of business in relation to elections; that 
these points are from 400 to 500 miles apart, or more; contestee denies each and 
every other allegation in said subdivision contained and the whole thereof, and 
specitically denies the following allegation: 

“ That by reason of the entire election machinery being thus under the con¬ 
trol of contestee’s friends, they are able to and do shield and protect all persons 
who peri)etrate election frauds in their interest from exposure or prosecution, 
and crimes against the elective franchise in the interest of contestee are perpe¬ 
trated l)y officials from the governor and Delegate down the line, without fear 
of prosecution but with approval and political preferment; probably nowhere 
in the United States is there so much official election fraud as in the interior 
Alaska ])recincts, where it is conceived, indulged in, and protected by the offi¬ 
cials and their deputies, with the knowledge that it can not be punished or 
prevented by those injured thereby ; it is even worse than in the Ketchikan 
election district, Avhere the most glaring instances are herein set forth.” 

Pakt III. 

Further answering contestant’s specification of grounds of contest and for an 
affirmative defense thereto -and specification of grounds upon which contestee 
rests the vitality of his election, contestee alleges: 

I. 

That on the 5th day of November, 1918, Charles A. Sulzer was a native-born 
citizen of the United States, and had been upon said date and for 16 years imme¬ 
diately prior thereto an inhabitant and qualified voter in the Territory of 
Alaska, and was on said date not less than 25 years of age. 

That at the election held in the Territory of Alaska for the purpose of elect¬ 
ing a Delegate from Alaska in the House of Representatives on November 5, 
1918, Charles A. Sulzer received the greatest number of votes cast for any 
person or candidate for the office of Delegate from Alaska, and thereby was 
the duly elected Delegate to Congress from said Territory of Alaska, and was 
thereupon and thereafter- entitled under the laws of the United States to a seat 
as Delegate from Alaska in the House of Representatives in the Congress of 
the United States in the Sixty-sixth Congress. 

II. 

That the said Charles A. Sulzer died on the 15th day of April, 1919, in the 
Territory of Alaska ; that b.V reason of his death a vacancy occurred in the 
office of Delegate from Alaska in the House of Representatives of the ITiited 
States. 

III. 

That on the 8d day of June, 1919, George B. Grigsby, the contestee herein, 
was a citizen of the United States and an inhabitant of the Territory of Alaska, 
residing at Juneau, Alaska, and of not less than 25 years of age. and has been 
a resident and qualified voter of the Territory of Alaska for IT years immedi¬ 
ately prior to said 3d day of June, 1919. 

TV. 

That on said 3d day of June, 1919, a special election was held in the Territory 
of Alaska, under the laws of the United States and of the Territory of Alaska, 
to fill the vacancy in the office of Delegate from Alaska in the House of Repre- 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


41 


sentatives, and at said special election George B. Grigsby, contestee, received 
the greatest nmnber of legal votes cast for any person or candidate for said 
otlice, and thereby was and now is the duly qualified and elected Delegate from 
Alaska in the House of Representatives and is entitled to his seat therein in 
the Sixty-sixth Congress, now in session. Said contestee further sfates that his 
election to the said office of Delegate from Alaska was duly certified by the 
Canvassing Board of the Territory of Alaska after duly canvassing the vote 
cast at said election in accordance with law, and that he now holds ids seat in 
the House of Representatives of the Congress of the United States as said 
Delegate from Alaska. 

Contestee alleges that at the elei'tion held in the Territory of Alaska on the 
5th day of Noveinber, 1918, for the purpose of electing a Delegate from Alaska 
in the House of Re])resentatives, on the face of the returns as returned by tbe 
judges of election from the various elections precincts in the Territory of 
Alaska, and ns canvassed by the canvassing board for the Territory of Alaska, 
duly antlun-ized by law to canvass and compile said returns, the following vote 


wjis cast for the respective candidates at said election : 

Votes. 

For Chai'les A. Snlzer_4,487 

For James Wickersham_ 4,4.54 

For Fi-ancis Connelly_ 839 


Tliat thereafter, on or about tbe 17th day of April, 5919, the said Charles A. 
Sulzer, having received a plurality of 33 votes, was .luly declared by said can¬ 
vassing board to have been elected to the office of Delegate from Alaska in the 
House of Representatives, and a certificate of election was thereby, and accord¬ 
ing to law, issued to the said Charles A. Sulzer and filed with the Clerk of the 
House of Representatives. 

VT. 

(’ontestee is informed and believes, and therefore alleges, that at said elec¬ 
tion of November 5, 1918, in the precinct of Ketchikan, in the Territory of 
Alaska, the following-named persons voted for contestant, James Wickersham, 
for Delegate from Alaska, to wit, J. K. Sa.vles, IMrs. .1. E. Sayles, IMrs. Ida 

Hannan, and W. H. Hannan ; that the aforesaid persons on said November 5, 

1918, were not residents of the Territory of Alaska, and had not been residents 
or iidiabitants of the Territory of Alaska for one year prior to said election and 
were not qualified to vote at said election ; that the votes cast by the afore¬ 
mentioned four persons were credited to the said .Tames Wickersham by the said 
canvassing board in the canvass and compilation of the returns of said election 
find included in the total vote credited to the said James Wickersham in said 

canvass, and should be subtracted from said total vote so credited to bim by 

said canvassing board. 

That in sdd precinct of Ketchikan the following persons voted for the said 
Janies Wickersham at said election for Delegate from Alaska, to wit, .Tohn 
Goodart, .T. Shaver, A. Holmberg, Henry Shafer, H. Mather, P. IMatbei’, H. Ridley, 
George Booth, Arthur Mathison, George Keeglian, George .Tohnson, Ben Ridley, 
IMatt Fawcett, T>. Hudson, James Starr, Ed. James, Mrs. Frank Fiskon, Philip 
McKay, James Shields, George Starr, .Toe John, Ed. Ridley, Andy IMoses, George 
.Tames, Robert Young, and 40 other persons whose names are to contestee un¬ 
known ; that the votes of all of said persons were credited to the said James 
Wickersham in the canvass and conqiilation of the votes cast at said election 
and included in the total vote credited to him by said canvassing board : that 
the said aforementioned persons and the said 40 other persons whose names are 
to contestee unknown, were not on said November 5, 1918, citizens of the 
United States and were not qualified and entitled to vote at said election, and 
all of said votes, together with the votes of the 4 persons named in the pre¬ 
ceding paragraph, were fraudulent and void and should be subtracted from said 
total vote so credited to the said James Wickersham by said canvassing board. 

That at said election in said precinct of Ketchikan one Nellie L. Thomas 
cast her vote for the said James Wickersham at said election; that on said 
5th day of November, 1918, the said Nellie L. Thomas was less than 21 years 
of age, and was not entitled and qualified to vote at said election and her said 
vote was void; that the same was credited to the said James Wickersham in 
the final canvass and compilation of the returns of said election and should 
be subtracted from said total vote credited to the said Wickersham by said 





42 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


canvassinji: l)()ar(l; that at said RrcH'iiict of Ketcliikaii a larj^o iniiabpr of Indians, 
wliose names to contestee are unknown, to wit, 80 or more, east their votes at 
said election for the said James AViekersham ; that said Indians on snid Novem- 
l)er o, This, tv'ere not eiti/ens of t)ie United States; that a large number of said 
Indians were not born in the United States and have never been naturalized 
therein; that the remainder of said Indians are and were on the 5th day of 
November, 1918, uncivilized and liad not on said date abandoned their tribal 
relations nor adopted the habits ()f civilized life; that all of the votes so cast 
by said Indians were credited to tbe said James Wickersham by said canvassing 
board and included in tlie total vote credited to him by said canvassing board 
in their canvass and comi)ilation of the returns of said election and all of said 
votes should be subtracted from said total vote so credited to the said .Tames 
AVickersham. 

VII. 

Contestee is informed and believes, and therefore alleges, that at the precinct 
of AAh-angell, in the first division of the Territory of Alaska, at said Delegate 
election of November 5, 1918, 12 or more persons whose names are to contestee 
unknown cast their votes for the said .Tames AA'ickersham for Delegate from 
Alaska ; that said persons were not on said November 5, 1918, citizens of the 
l.^nited States and were not qualified voters under the laws of the United 
States nor entitled to vote at said election ; that all of their said votes were 
credited to the said AA^ickersham and included in the total vote credited to him 
by said canvassing board in the final canvass and compilation of the returns 
of said election ; tiiat all of said votes were fraudulent and void, and should be 
subtracted and deducted from tbe said total vote so credited to the said .Tames 
AATckersham by said canvassing board. 

A TII. 

That in the precinct of St. Alichael, No. 2, or Unalakleet, in the second divi¬ 
sion of the Territory of Alaska, a large number of Indians, of the number of 
25 or more, whose names are to contestee unknown, cast their votes for the 
said .Tames AATckersham, contestant, for Delegate from Alaska, at the said 
Delegate election of November 5, 1918: that said Indians were on said date not 
citizens of the United States, but were uncivilized and living in tribal rela¬ 
tions and were not qualified voters in tbe Territory of Alaska under the laws 
of the United States; that said votes cast for said .Tames AAhckersham were 
credited to the said .Tames AAMckersham by said canvassing board and included 
in the total vote credited to him by said canvassing board in their canvass and 
compilation of the returns of said election, and were fraudulent and void, and 
all of said votes should be subtracted and deducted from said total vote so 
credited to the said .Tames AAhckersham by said canvassing board. 

IX. 

That at Anchorage precinct No. 2 the polling place was changed without 
no.tice by the election judges on the day of election of November 5, 1918, and 
that a large number of persons were thereby uninformed of the place where 
the election in said precinct was to be conducted; that the election in said 
precinct was held in a different place than that described in the order and 
notice of election theretofore duly made and posted by tbe officials whose duty 
it was to issue the same; that the election in said Anchorage precinct No. 2 
was, therefore, by i-eason of the aforesaid facts fraudulent and void; that in 
said Anchorage precinct No. 2 the said James AATckersham received 201 votes 
and the said Charles A. Sulzer received 117 votes; said votes were credited to 
the said AAhckersham and the said Sulzer in the canvass and compilation of 
the returns of said election, and included in the total vote credited to each of 
said persons for the office of Delegate to Congress; that there should he de¬ 
ducted and subtracted from the total vote credited to,the said AATckersham, as 
aforesaid, 261 votes, and fro::: the said Sulzer 117 votes, being the number of 
A'otes cast for each of said candidates at said election. 

Contestee is informed and believes, and therefore alleges, that in the i)recinct 
of Anchorage No. 2, in the third division of the Territory of Alaska, at the said 
election of November 5, 1918, the following-named persons and not less than 
89 others cast their votes for the said contestant, James AAhckersham, at said 
election for Delegate from Alaska, to wit, Kol)ert B. Lathrop, Charles Hegsted, 


WICKEKSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 


43 


Mrs. C. I*. I’eterson, J. O. Johnston, Henry Baxter, Lanre E. Baxter, Otto 
(transfors, Mrs. ]\I. Diviji'ak, T. .1. Dodds, Fred M. Folly, Sain Cash, Carl Wick- 
man, J. F. Adkins, Blanche Adkins, Frank Coojier, William IMiirray, Dan Horri- 
^jan, Thomas Kennedy, Blanch Dean, INIrs. M. I’olly ; that the aforesaid persons 
on said Xovemher 5, 1918, were not citizens of the United States and were not 
(pialitied and lejral voters at said election and their said votes were frandnlent 
and void ; that all of said votes were credited to the said James Wickershani 
hy the said canvassing hoard and included in the total vote credited to him in 
the canvass and coniiiilarion of the returns of said election hy said canvassinji; 
hoard, and should he subtracted and deducted from said total vote credited to 
the said Janies Wickershani. 

Chat in said Anchora.ue jirecinct No. 2, the following' persons voted at 
said election for the Janies Wickershani for Delegate from Alaska, to 
wit, TJllian Hettle, L. Harper, C. W. Hitchcock, H. Barenherg, John C. 
Donglierty, Mk Barr, Charles Wolf, AV. Engherg, A. O. Wells, W. A. Black, 
Mrs. U. I.. Elkins, and not less than 20 others; that on said Novemher 5, 
1918, the aforesaid ])ersons were not residents of Anchorage precinct No. 2, 
nor of the town of Anchorage, Alaska, and had not been residents of said 
precinct of Anchorage No. 2 for 80 days prior to said election, and said per¬ 
sons were not legal and qnalitied voters iior entitled to vote in said Anchorage 
jii-ecinct No. 2 at said election nor were said persons legal and qii-ilitied 
voters in the Territory of Alaska under the laws of the United States; that 
all of said voters cast for tlie said James Wickershani were credited to him 
hy the said canvassing hoard in the total vote credited to said Wickershani in 
the canvass and comiiilation of the returns of said election hy said canvassing 
board; that said voters were fraudulent and void and should he deducted 
from said total vote to the said Janies Wickershm. 

That in the precincts of Anchorage No. 1 and No. 2 in the Territory of 
Alaska, third division, at the said election of Novemher 5, 1918, the jiartisan 
supporters of the said AVickersham employed and used several antomohiles 
for the purpose of carrying the voters to the polls in said precincts and for 
the purpose of influencing said persons to vote for the said .Tames AATcker- 
shani at said election and hy the nse of .said antomohiles, as aforesaid, and 
by carrying said voters to the said polls, the said partisan supporters oi 
the said AAdckersham did corruptly influence a large nnniher of persons, who 
otherwise would not have voted at said election, to vote for the said AAdcker- 
shani for Delegate to Congress; that contestee is not acquainted with the 
names of the persons so carried to the polls and influenced to vote for the 
said James AAdckersham for Delegate to Congres.s, but alleges that there Avere 
at least 50 persons so influenced. 

X. 


Contestee is informed and believes, and, therefore alleges that in the iire- 
cinct of Cordova, in the third division of the Territory of Alaska in said 
election of Novemher 5, 1918, the following persons cast their votes for the 
said James AATckersham, contestant, for delegate from Alaska, to wit, J. A. 
Cohn, Sarah Cohn, Anna Bartell, Park Stmnp, Mrs, Park Stnmp, Arthur 
Pinkns, Gns Cozakas, AA^illiam Gerrie, Barbara Keeting, Mrs. AA^. H. Graves, 
and 15 other persons whose names to contestee are unknown; that on said 
5th day of November, 1918, the aforesaid persons were none of them citizens 
of the United States and were not qualified voters in the Territory of Alaska 
under the laws of the United States; that the votes of all of said persons 
were credited to the said James AAJckersham hy the canvassing hoard ami 
included in the total credited to him hy said canvassing hoard in their final 
canvass and compilation of the returns of said election; that all of said 
votes were fraudulent and void, and should he deducted from said total 
vote so credited to said AAJcke-rsham hy said canvassing board. 

That in said precinct of Cordova at said election, the following persons cast 
their votes for the said AAJckersham, contestant, for Delegate to Congress, 
to wit, Nellie Crawford, L. Al. Sahy, Frank Miller. Boy AA'alker, Fred Schramm, 
J. H. Uo.s.s, and 12 other jiersons, whose names to contestee are unknown, that 
on said 5th day of Novemher, 1918. said persons were not inhabitants or resi¬ 
dents of the Territory of Alaska, and had not been residents nor inhabitants 
of the Territory of Alaska for one year immediately prior to said election and 
were not legal voters in sjiid Territory on said date; that all of their said votes 
were credited to the said James AAdckersham hy the said canvassing hoard and 


44 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


included in the total vote credited to him by said canvassing hoard in their 
tinal canvass and comi)ilation of the returns of said election ; that all of said 
votes were fi’audulent and void and should be deducted from said total vote so 
credited to the said James Wickersham. 

That in said i)recinct of (\)rdova on said November 5, 1918, the following- 
named persons cast their votes for the said .lames Wickersham for Delegate 
to Congress, to wit. Theodore Stensland, William Zachariah, Mrs. William 
Zachariah, ]\[rs. A. L. Spencer, Fred Van Camp, and 10 other persons whose 
names are to the contestee unknown; that none <'f said persons were on said 
dth day of November, 1918, residents of the precinct of Cordova oi’ of the third 
division of Alaska, and had not been on said date in said division of Alaska or 
precinct of Coi'dova for 80 days prior to said election nor for moi-e than 3 days 
prior thereto, hut all of them were residents of the fourth division of the 
Territory of Alaska ; that none of said persons were legal voters in the precinct 
of Cordova on said election day; that all of the votes cast by said persons for 
the said Wickersham were credited to him by said canvassing hoard and in¬ 
cluded in the total vote credited to him by said canvassing board in their final 
canvass and compilation of the returns of said election; that all of said votes 
were frjiudulent and void and should he deducted from the total vote so 
credited to the said Wickersham, contestant. 

That in said precinct of Cordova at said election of November 5 , 1918, the 
following persons cast their votes who were not residents of the precinct of 
Cordova and had not been residents of said precinct for 80 days immediately 
prior to said election, to wit, C. A. Peterson, (diaries Christiansen, Ed. INIunson, 
J. Swalley, Ed. Lindherg, Andrew Clenenger, C. ]M. Johns, and 10 others whose 
names are unknown to contestee; that all of said votes so cast for said Wicker¬ 
sham were credited to him in the total vote credited to said Wickersham by 
the canvassing hoard in their final canvass and compilation of the returns 
of said election ; that said votes were all fraudulent and void, and should be 
deducted and subtracted from said total vote so credited to the said Wicker¬ 
sham, contestant. 

XI. 

Contestee is informed and believes, and therefore alleges, that in the precinct 
of IMcCarthy, in the third division of the Territory of Alaska, at said election 
of November 5, 1918. 28 persons whose names are to contestee unknown cast 
their votes for James Wickersham, contestant, for Delegate to Congress; that 
said 28 persons on said date were none of them qualified and legal voters in the 
Territory of Alaska nor in the precinct of ^McCarthy ; that said persons had 
not on said November .5, 1918, been residents or inhabitants of the Territory 
of Alaska for one year immediately prior to said election and had not been 
on said date residents of the precinct of McCarthy for 30 days immediately 
prior to said election, and a large number of said 23 persons, if not all, were 
not on said November 5. 1918, citizens of the United States; that all of said 
votes of said persons so cast for the said Wickersham were credited to him 
in the total vote to said Wickersham by said canvassing board in the final 
canvass and compilation of the returns of said election by said canvassing 
board ; that all of said votes were fraudulent and void and should be deducted 
and subtracted from the total vote so credited to the said Wickersham, con¬ 
testant. 

Nil. 

That is the precinct of Afognak, in tl'.e third division of the Territory of 
Alaska, at the election of November 5, 1918, more than 20 Indians, whose names 
are to contestee unknown, cast their votes for the said James Wickersham for 
Delegate from Alaska; that said Indians were not on said November o, 1918, 
citizens of the United States and were not legal voters under the laws of the 
U^nited States in the Territory of Alaska, but were on said date uncivilized 
Indians and living in tribal relations; that all of the votes so cast by said In¬ 
dians for the said Wickersham were credited to him by the said canvassing 
boai-d and included in the total vote credited to him by said canvassing board 
in their tinal canvass and compilation of the returns of said election ; that said 
votes were fraudident and void and should be deducted and subtracted from 
the total vote so credited to the said Wickersham, contestant. 

That in said precinct of Afognak 10 j^ersons. whose names are to contestee 
unknown, cast their votes for the said Wickei’sham for Delegate from Alaska ; 


45 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

that said 10 persons were not residents of the Territory of Alaska for the i)eriod 
of one jeai immediately i)i‘ior to said election nor residents of the precinct of 
Afofjnak for dO days immediately prior to said clecti(;n and were not lejtal voters 
in the Territory of Alaska nor entitled to vote at said election ; that the votes 
of all of the said persons were credited to the said James Wickersham hy the 
said canvassing board in the total vote credited to him in their final canvass 
and compilation of the returns of said election; that said votes were fraudulent 
and void and shoidd be deducted and subtracted from the total vote so credited 
to the said Wickersham, contestant. 

That the precinct of Afognak, in the third division of the Territory of Alaska, 
is on an Indian reservation ; that said reservation was created prior to the 
election of November o, 1918, by an Executive order of the Pi-esident of the 
t/nited States, and was on said No\ember o, 1918, occui)ied and inlnabited by 
Indians; that said Indians were uncivilized and had not severed their tribal 
relations but lived on said ivservation as wards of the Government in tribal 
relations, and none of them were on November 5, 1918, entitled to vote at the 
said Delegate election; that none of the pei-sons living at Afognak on said No¬ 
vember 5, 1918, were entitled to vote at said election ; that the election con¬ 
ducted at said ju’ccinct of Afognak was illegal and void by reason of said pre¬ 
cinct of Afognak being in and a part of said Indian reseravtion, and the entire 
vote cast at said precinct should be deducted and subtracted from the total 
vote credited from said precinct to the respective candidates for Delegate to 
Congress at said election in the proportion in which said vote was cast. 

XIII. 

Contestee is informed ami believes, and therefore alleges that in the precinct 
of Seldovin, in the third division of the Territory of Alaska, at said election of 
November 5, 1918, 30 persons, whose names to contestee are unknown, cast theii" 
votes for the said .Tames Wickersham for Delegate from Alaska ; that all of 
said persons were on said date uncivilized Indians living in tribal relations and 
were not citizens of the United States nor entitled or cpialitied to vote at said 
election; that the votes of all of said persons weia' credited to said James 
Wickersham by the said canvassing board in the total vote credited to him in 
their tinal canvass and comi)ilation of the returns of said election; that said 
votes were fraudulent and void and should be deducted and subtracted from the 
total vote so credited to the said .Tames Wickersham, contestant. 

That in said i)recinct of Seldovia, in said third division of the Territory of 
Alaska, more than 30 i)ersons, whose names to contestee are unknown, voted 
for said James Wickersham for r)elegate to Congress on November 5, 1918; that 
none of said persons M’ere on November 5, 1918, citizens of the United States 
nor legal voters at said precinct of Seldovia ; that all of said votes were credited 
to the said James Wickersham by the canvassing board in the total vote cred¬ 
ited to him by said vote in their final canvass and compilation of the returns of 
said election ; that said votes were fraudulent and void and should be deducted 
and subtracted from the total vote of said Wickersham, contestant. 

Contestee is informed and believes, and therefore alleges that in said pre¬ 
cinct of Seldovia gross election frauds and irregularities were practiced by the 
followers and supporters of the said .James Wickersham in intluencing ignorant 
and illiterate Indians and other persons to cast their votes for said Wickersham 
for Delegate to Congress; that a great number of said Indians were unable to 
read and write and had no knowledge of the names of the candidates for the 
respective offices to be voted for nor any choice of candidates and said Indians 
would not have voted at said election, except for the fact that the said Wick- 
ersham’s supporters and workers induced them to go to the polls and provided 
them with sample ballots previously marked by said Wickersham supporters 
with a cross in the square opposite the name of the said Wickersham and other 
persons for whom the said Wickersham supporters desired said Indians to 
vote; that said sample ballots were furnished to said Indians and taken with 
them into the poll booths and used by them as a copy from which to prepare 
their ballots; that said Indians were so influenced to vote for the said Wick¬ 
ersham by means of gifts of food and other means unknown to this contestee, 
but contestee alleges wholesale frauds and irregularities were committed at 
the election at Seldovia to such an extent that the whole number of votes cast 
in said precinct should be thrown out and deducted from the total vote cast 
for all candidates at said election of November 5, 1918. 


46 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

XIV. 


Contestee is informed, and believes, and tlierefore alleges tliat at the pre¬ 
cinct of Fairbanks, in tlie fourth division of tiie Territory of Alaska, 30 per¬ 
sons, whose names are to contestee unknown, voted for the said James Wicker- 
sham ; that none of said persons were on said November 5, 1918, residents of 
Fairbanks, Alaska, nor lia<l been such residents for the period of 30 days im¬ 
mediately i)rior to said election as required by law, and were not on said date 
duly qiialitied and legal voters of the precinct of Fairbanks in the Territory of 
Alaska; that the said 30 votes so cast for the said Wickersham were credited 
to him in the total vote by said canvassing hoard in their canvass and com¬ 
pilation of the returns of said election; tiiat said votes were fraudulent and 
void and should he deducted and subtracted from said total vote so credited to 
the said Wickersham. 

XV. 

Tiiat in the precinct of Nenana, in the fourth division of the Territory of 
Alaska, more than 10 persons, whose names are to contestee unknown, voted 
for the said Wickersham for Delegate to Congress; that said persons were not 
on the 5th day of November, 1918, citizens of the United States, nor entitled 
to vote at said election; that said 10 votes were credited to the said Wicker¬ 
sham in the total included and credited to him by said canvassing hoard in 
their final canvass and compilation of the returns of said election ; said votes 
were fraudulent and void and should he deducted and subtracted from said total 
vote so credited to the said Wickersham. 

XVI. 

Contestee is informetl and believes, and therefore alleges that in a great 
many precincts in Alaska it was the custom for legal voters in the Territory 
of Alaska to vote at the election of November 5, 1918, for the office of Delegate 
to Congress in whatever i)recinct of the division in which said voters resided 
they happened to he on election day; that this custom grew out of the fact that 
the Legislature of Alaska of 1915 passed an act providing that— 

“ Any person of the age of 21 years or more who is a citizen of the United 
States, who has lived in the Territory of Alaska one year and in the judicial 
division in which he or she offers to cast his or her vote 30 days immediately 
preceding such election shall be entitled to vote at all elections held there. 

* * *” (Act Apr. 27, 1915.) 

That the above provision attempting to change the quali-lcations of voters in 
Alaska was and is in conflict with the laws of the Co ress of the United 
States, fixing the qualifications of voters in Alaska for the ■ llice of Delegate to 
Congress in that in accordance with tlie said laws of Cor' ss the voter is re¬ 
quired to live in the precinct in which he offers to vote f i days immediately 
prior to the date of election; that notwithstanding this (on’ict with the laws 
of Congress, the above provision of the act of the Legislature tor the Territory 
of Alaska, 1915, was generally followed throughout the entire Territory of 
Alaska at both the Delegate election of November 7, 1916, and of November 5, 
1918; that contestee is informed and believes, and therefore alleges that at the 
election of November 5, 1918, in the Territory of Alaska, more than 100 persons, 
whose names are to contestee unknown, voted for James Wickersham for Dele¬ 
gate to Congress at said eiection in the various election ])recincts of tlie Terri¬ 
tory, which said persons at the time of so voting for the said James Wicker¬ 
sham were not then and there residents of the precinct in which they so voted ; 
that all of said votes so cast for the said James Wickersham were credited to 
him by the Territorial canvassing board in their final canvass and compilation 
of the returns of said election; that said, votes were void and should be de¬ 
ducted from said total votes so credited to the said James Wickersham by said 
canvassing board; that the said 100 voters herein in this paragraph referred 
to are in addition to and otlier than those persons elsewhere in this answer 
named or mentioned as having voted for said James Wickersham for Delegate 
to Congress in precincts in which they were not entitled to vote under the laws 
of the United States pertaining to elections in the Territory of Alaska. 

XVII. 

That at several of the election precincts in the Territory of Alaska at the said 
election of November 5, 1918, 20 or more persons lawfully and legally voted for 


47 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Olijirlos A. Sulzer for Delegate to Congress whose ballots were not credited to 
the said ('harles A, Sulzer by the election judges at said precincts nor by the 
lerritorial canvassing hoard in canvassing and compiling the returns of said 
election; that said ballots of said persons so lawfully and legally voting for tlie 
said Charles A, Sulzer for Delegate to Congress should he added to the total 
vote credited to the said Charles A. Sulzer by the Territorial canvassing hoard 
in their canvass and compilation of the returns of said election; that the names 
of the aforesaid persons and the precincts wherein their ballots were cast are 
not known to this contestee. 


XVIII. 

Contestee is informed and believes, and therefore alleges that at the sjiid elec¬ 
tion for Delegate to Congress on November 5, 1918, in various precincts of the 
leri’itory of Alaska, the names of which are at this time unknown to contestee,. 
a large number of persons whose names are unknown to contestee cast their 
votes for James ickei’sham for Delegate to Congress, which votes were re¬ 
ceived and counted and are included in the total number of votes canvassed and 
compiled by said canvassing l)oard and credited to the said IVickersham by 
said canvassing board; that each of said persons was an enlistetl soldier 
in the .-D-my of the United States and not a resident of xVlaska prior to his 
arrival in Alaska as a member of such Regular Army, and who came into 
Alaska and has since arrived in the Territory, and was on November 5, 1918, 
umh'r the ordei*« of the superior oliicers and was so under command when he 
cast his said ballot on November 5, 1918; that contestee believes that if any of 
said persons above referred to resiiled in Alaska for the period of one year prior 
to said election and in the precinct in which he voted for 30 days prior to said 
election and if such residence was accompanied with the intention on the part of 
said sohlier to reside permanently in the Territory of Alaska, that such soldier 
thereby became a legal voter and was entitled to vote at said election of Novem¬ 
ber T). 1918. for whomsoever he pleased for the ofiice of Delegate to Uongress. 
Rut contestee alleges that if the House of Representatives in the determination 
of this contest should hold that such soldier above mentioned and referred to un¬ 
der the circumstances aforesaid was not a legal voter in the Territory of Alaska 
and could not acipiire residence in said Territory under the aforesaid circum¬ 
stances, then and in that event said soldier was not a legal voter at said elec¬ 
tion and his vote slu)uld he deducted from' the total vote credited to the said 
James Wickersham by the Territorial canvassing board in their tinal canvass 
and compilation of the returns of said election. 

XIX. 

t '‘Utestee is informed and believes, and therefore alleges, that in several 
precincts in the Territory of Alaska, at the election of November 5, 1918, a 
large number of native Indians and a large number of Indians who were not 
born in the Territory of Alaska nor elsewhere in the United States, cast their 
vott‘s for James Wickersham for Delegate to Congress at said election; that 
the said native Indians who so voted for the said James Wickersham at said 
election on said November 5, 1918, were uncivilized Indians and have not 
severed their tribal relations and were not under the laws of the United States, 
nor citizens of the United States or entitled to vote at said election. The con- 
test('e is informed and believes, and therefore alleges, that more than 100 
native Indians besides those elsewhere in this answer mentioned and referred 
to, who were not citizens of the United States and who were uncivilized and 
living in tribal nations, so voted for the said James Wickersham at said 
election, and that their said votes were credited to him by the Territorial 
canvassing board in their hnal canvass and compilation of the returns of said 
election; that all of said votes so credited to the said Janies Wickersham 
wei*e void .and should be deducted from the total vote so credited to him by 
said canvassing bojird. 

That more than 50 Indians who were not born in tbe United States nor in 
the Territory of Alaska and who were not on November 5, 1918, naturalized 
citizens of tbe United States, voted for tbe said James Wickersham for Dele¬ 
gate to Congress at said election on November 5, 1918; that their said votes 
were credited to the said James Wickersham and the total vote credited to 
him by the said canvassing board in tbeir final canvass and compilation of the 
returns of said election; that said votes were void and should be de- 


48 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


ducted from said total votes so credited to the said James Wickersliam by 
said canvassing board. 

Contestee is informed and believes, and therefore alleges, that on Novem¬ 
ber 5, 1918, the date of the said election in the Territory of Alaska for Dele¬ 
gate from Alaska, there were residing in the Territory of Alaska approxi¬ 
mately 2,000 aliens not citizens of the United States, and not qualitied to vote 
in the Territory of Alaska for the office of Delegate to Congress; that at 
said election more than 100 of said alien persons, in addition to those hereto¬ 
fore mentioned and referred to in this answer, and whose names are to con¬ 
testee unknown, voted for the said James Wickersliam for Delegate to Con¬ 
gress from Alaska; that their said votes were credited to the said James 
Wickersliam in the total vote credited to him by the canvassing board in their 
final canvass and compilation of the returns of said election; that said votes 
were fraudulent and void and should be deducted from said total votes so 
credited to the said James Wickersliam by said canvassing board. 

The contestee is informed and believes, and therefore alleges, that at the 
precinct of Bethel, in the second division of the Territory of Alaska, at the 
said election of November 5, 1918, 28 persons voted for the said James Wick- 
ersham for Delegate to Congress and 3 persons voted for the said Charles A. 
Sulzer for Delegate to Congress, and said votes were credited to the said 
Janies Wickersliam and to the said Charles A. Sulzer by the Territorial can¬ 
vassing lioard in the total vote credited to said candidates, respectively, by said 
vote in their final canvass and compilation of the returns of. said election; 
that all of the votes so cast at the said precinct of Bethel were void in this 
that the precinct of Bethel was not a regularly organized election precinct 
in the Territory of Alaska on the date of said election; that prior to said 
election of November .1, 1918, there was no such election precincc in the Terri- 
toi*y of Alaska as the precinct of Bethel; that the laws of the United States per¬ 
taining to elections in the Territory of Alaska require, among other things, that 
each recording district shall be divided into election precincts by the United 
States commissioner of said recording districts 00 days ])rior to the date of 
said election for Delegate to Congress; that the said precinct of Bethel was 
attempted to be established by the United States commissioner of the Wade- 
Hanipton recording district on a date not 00 days prior to the date of election, 
but many days less than 60 days prior thereto, and was therefore irregularly 
and illegally established and did not constitute nn election precinct under the 
laws of the United States; that the total vote cast in said precinct for the 
said Charles A. Sulzer and the said James Wickersliam should be deducted 
from the total vote credited to each of said candidates by the said canvassing 
board in their final canvass and compilation of the returns of said election. 

NN. 

Contestee is informed and believes, and therefore alleges, that a great number 
of persons, to wit, at least 50, were refused permission to vote on November 5, 
1918, by the election officers in various precincts of the Territory of Alaska; 
that all of said persons, whose names are to contestee unknown, were on said 
election day qualified electors in the Territory of Alaska and were entitled to 
vote at said election and would each of them have voted for Charles A. Sulzer 
for Delegate to Congress from Alaska if permitted to vote; that said 50 votes 
should be added to the total vote credited to the said Charles A. Sulzer ])y the 
Territorial convassing board in the final canvass and compilation of the returns 
of: said election ; that at said election a large number of persons, whose names 
are to contestee unknown, were permitted to vote and did vote for said James 
Wickersliam for Delegate to Congress, which said persons were not legal voters 
nor entitled to vote at said election, and whose votes should be deducted from 
the total vote credited to the said Janies Wickersliam by the Territorial con- 
\assing board in their final canvass and compilation of the returns of said 
election. 

XXI. 

This contestee now having fully and completely answered the notice of con¬ 
test of the said Janies Wickersliam, and the specification of grounds thereof 
says that Charles A. Sulzer was fairly, legally, and duly elected Delegate from 
Alaska to the House of Representatives of the United States at the election 
aforesaid held in the Territory of Alaska on November 5, 1918; that he re¬ 
ceived the greatest number of votes at said election cast for any person for 
said office; that his plurality vote was larger than that found and reported by 


49 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 

the Territorial canvassinji; hoard which compiled and canvasjsed the returns of 
said election; that by the death of the said Charles A. Sulzer on April 15, 1010, a 
vacancy in the office of Delegate from Alaska in the House of Representatives 
was created; that at a special election duly and legally called by the Governor of 
Alaska and duly and legally held on the 3d day of June, 1010, in the Terri¬ 
tory of Alaska, for the purpose of electing a Delegate from Alaska in the 
House of Representatives to till said vacan(*y, this contestee received the 
greatest numher'of votes cast for jiny candidate and was duly and legally 
elected, and the said election was duly certified by the canvassing hoard of the 
Territory of Alaska, and said contestee is entitled to retain his seat in the 
House of Representatives of the United States as the r>elegate from Alaska. 

Wherefore, contestee prays the said House of Representatives to pass a reso¬ 
lution declaring that he was duly and legally elected, as aforesaid, and is the 
Delegate from Alaska in the House of Representatives and entitled to the seat 
therein which he now occupies, as aforesaid. 

Dated Washington, D. C., July 26, 1010. 

George B. Grigsby, 

Contestee. 


United States of America, District of Columbia, ss: 

George R. Grigsby, being duly sworn, says that he hrs read the foregoing 
answer by him subscribed and knows the contents thereof, and that the same 
is true as he verily believes. 

George B. Grigsby. 


Subscribed and sworn to before me this 26th day of July, 1010. 

[seal.] M. W. Pickering, 

Notanj Public. 


]My commission expires September 0, 1010. 


Service of the within and foregoing answer of George B. Grigsby, contestee 
herein, admitted this 26th day of July, 1010, by receipt of a copy thereof. 

James AVickersiiam, 

Contest unt. 


CONTEi^TAXTt^ REPLY TO 


COXTE.^TEE'S ANEWER. 


I. 


Comes now the contestant and for reply to the Part I of contestee’s answer 
says that he denies ejich and every allegation of new matter therein. 

II. 


For reply to the allegations of new matter contained in Part II of con- 
testee’s answer contestant says: 

I. For reply to the allegations contained in paragraph 3 thereof admits that 
the canvassing board mentioned therein took 5 months and 12 days to canvass 
and compile the returns of the said election of November 5, 1018, and admits 
there was influenza in certain parts of Alaska during said period; and con¬ 
testant alleges that the said canvassing board spent but 11 days in canvassing 
and compiling election returns of the special election for Delegate held on 
June 3, 1010, in the same voting precincts in the same widespread parts of 
Alaska prior to the issuance of the certificate of election to the contestee 
Grigsby; and alleges very generally the same influenza conditions existed 
along the Bering Sea coast during said 11 days in June, 1010, as existed 
during the 5 months and 12 days given to the canvass of the prior election 
returns, though in different localities. 

And denies each and every other allegation of new matter contained in 
Part II of said answer. 

III. 


And for reply to Part III of contestee’s answer contestant says: 

I. For reply to the allegations contained in paragraph 1 therein contestant 
denies each and every allegation therein contained. 

II. For reply to the allegations contained in paragraph 5 therein contestant 
admits that said Sulzer was declared elected on April 17, 1010, two days after 
his death, and that a false and spurious certificate in his name was issued 


151270—20-4 



50 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


by the said canvassing board alleged, and denies each and every other allega¬ 
tion therein contained. 

III. And for reply to the other paragraphs in said Part III of said answer 
contestant says: 

That he has no knowledge or information to enable him to make a more 
sj)ecitic admission or denial of the allegations in paragraphs 2, 3, 4, 6, 7, 8, 9, 
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21, and he therefore denies each 
and every allegation therein contained. 

Wherefore contestant prays for the relief demanded in his notice of contest 
herein in both cases consolidated. 

James Wickersham, 

Contestant. 

I'NiTEo States of America, 

District of CoJunihia, ss: 

James Wickersham, being tirst duly sworn, deposes and says that he is the 
contestant mentioned in the foregoing reply; that he has read the said reply, 
knows the contents thereof, and that the facts therein are true as this affiant 
verily believes. 

James Wickersham. 

Subscribed and sworn to before me this 28th day of July, 1919. 

[seal.] W. W. Pickering, 

Notary Public in and for the District of Columbia. 

TEt^TIMONY FOR CONTESTANT. 

Ill the case of James Wickersham, contestant, v. George B. Grigsby, contestee, 
pending before the House of Kepresentatives of the United States Congress, a 
contested election case, coming on for hearing before Harold H. Hardman, Esq., 
a notary public, at Seattle, Wash., in the office of John P. Hartman, Esq., on 
this 6th day of August, 1919, pursuant to a notice heretofore given by the con¬ 
testant to the contestee, for the taking of testimony of witnesses who have been 
regularly subpoenaed in said matter, and the following persons were present: 
Harold H. Hartman, Esq., notary public, James Wickersham, for the contestant, 
and Maurice D. Leehey, appearing for the contestee. The following witnesses 
were sworn and examined, and the following proceedings were had: 

DEPOSITION OF B. O. LENOIR. 

B. O. LENGIK, having been first duly sworn, testified as follows: 

Direct examination by Mr. Wickersham. 

Q. Colonel, what is your name?—A. B. O. Lenoir. 

Q. Col. Lenoir, what is your official position?—A. Lieutenant colonel in the 
Signal Corps of the Army and officer in charge of the Washington-Alaska mili¬ 
tary cable and telegraph system. 

(L How long have you been in charge of the Alaska cable system?—A. Ever 
since the summer of 1913. 

Q. You are an officer in the Regular Army of the United States?—A. Yes, sir. 

Q. And have been at all times mentioned?—A. Yes, sir. 

Q. What class of men, and I mean by that, officials, are in charge of the 
Alaska cable and telegraph lines in Seattle and in Alaska; I mean, as to their 
Iiositions in the Army?—A. They are all soldiers of the Army—soldiers and offi¬ 
cers of the Army. 

Q. They are enlisted men in the United States Army?—A. And officers of the 
Army. 

0. Regularly enlisted men and officers of the L^nited States Army?—A. Yes, 
sir. 

Q. How many such men are in charge of the Alaska cable?—A. Do you want 
that exact or approximate? 

Q. As near as you can give the list?—A. I have got the list in Alaska only, 
but altogether there are about 210. [Producing list.] That is the list in 
Alaska last December 31. 

Q. I show you a list of names of four pages, giving the names of the men, the 
stations where they were posted on December 31, 1918, and their present loca¬ 
tion, with some other data, and ask you if that is official?—A. This is official, 
taken from our records. 


51 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. Hot'S it 6 corroctly tlio iiaiiios of ull tlio oiilistod soldiors in flit* sorvico 
of the Signal Corps in Alaska on the date mentioned, December 31, 1918?— 
A. Yes. 

Q. And it ^ives also the stations at which they were posted at that time?— 
A. Yes, sir. 

Q.. And jjives their present location?—A. Yes. 

Q. 1'notice that there is a column marked “Voted”; explain what that 
means, will yon?—A. A telegram was sent, and I was directed hy the Chief 
Signal Officer to hold all men who had voted at the last election for Delegates 
in Alaska on the system, owing to the fact that men were coming and going all 
the time, and, especially, now that the Army is being reoi'ganized at the end of 
the war, and, for that purpose, those men who had to leave Alaska, sending 
them a telegram in effect like this. Do yon want me to read this telegram? 

Q. \ es, sir; read it.—A. This telegram is a copy of a general message sent to 
ail of them, althongh it is addressed to only two men. (Heading:) 

“ C. S. (). (Cduef Signal Officer) states there is to he congressional investi¬ 
gation of Signal Corps men voting in Alaska and desires to know whether or not 
yon voted at the election last November for Delegates. Reply direct to this 
office. It is thought that Signal (forps men who voted have no gronml for any 
uneasiness, provided there was no deception on their (lart. Their answers 
should be frank and truthful. If there has been anything wrong about their 
voting, that responsibility rests with those in charge of election.” It is signed 
by me. 

Q. What is the date of that?—A. June 19, this particular one. And this is 
their reply. 

Q. I nnderstand the colimm marked “ Voted ” shows those who have voted?— 
A. And that had not. Some were “ yes ” ; others were “ no.” 

Q. And the next column shows those that had been discharged?—A. Yes, sir; 
those who had been discharged. 

Q. ^\’hen were they discharged, since the election of November 5, 1918?—A. 
Yes, sir. 

Q. All this refers to the election of November 5, 1918, in Alaska, for Delegates 
to Congress?—A. Two of tho.se were discharged. 

Mr. WiCKKHSHAM. Then I introduce the statement in evidence. 

The Witness. There are four we have no replies from, in that they are en 
route. You will see them inarkel on the last page, “ en route, present location.” 

Q. Those four men we’ll get later?—A. Those four men we will get re¬ 
plies from when we get in touch with them. 

Q. How soon?—A. They are under orders to go to Fort Lawton, all of them, 
and we’ll get them when they get there, unless you want to pick them up in 
Alaska some place, and have them held off. 

Q. Do you know whether any arrangements have been made to assemble men 
in Alaska wlio voted for some one?—A. No, sir; there has been no arrangement 
made. I have no intimation of it, except hearsay through the press. 

Q. You haven’t received any official notice yet?—A. No, sir; except from 
the Chief Signal Officer to keep tab on all men who were to be moved. 

Q. How frequently are those men moved about. Colonel?—A. According to the 
emergency of the service. It is impossible for anyone to tell how frequently 
they will be moved. They often make application to be stationed at some place 
for some particular time, and the invariable an.swer is that no promises can be 
made; that the emergencies of the service must govern. 

Q. And there is no particular rule that they must be established at any 
particular i)lace in Alaska at any time?—A. No, sir. 

Q. They are subject to orders at any time?—A. Yes, sir. 

Q. They are officers and soldiers of the United States Army?—A. Yes, sir. 

Q. And subject to orders as such?—A. Yes, sir. 

Q. Since November 5, 1918, the date of the Delegate election, how many of 
them have been moved from the place where they were then?—A. I could not 
tell unless you ffgure from this list. 

(}. The list shows that correctly?—A. Yes, sir; it shows the station on Decem¬ 
ber 81. and the present location. By comparing that, that will show. 

Q. Colonel, I had some corre.spondence with you this spring by telegram, 
attempting to secure these men to testify. Do you remember that corre¬ 
spondence?—A. I remember there was .something like tlnit. 

Q. I have copies of that correspondence here that I wanted to introduce in 
evidence while you were present. You don’t have the originals in any shape 


52 


WICKEKSHAM VS. SULZEK, DECEASED, AND GRIGSBY, 


so that they can be presented?—^A. I probably could get them by hunting the 
tiles, but I know just about what I would answer to most of those questions. 

Q. On April 21, 1919, I sent you a telegram, as follows: 

April 21, 1919. 

Col. B. O. Lenoir, 

Signal Corps Office, Seattle, Wash.: 

In view of the death of Mr. Sulzer, it seems greatly desirable to secure the 
evidence in my contest for the office of Delegate based on election of November 
5, last year, without unnecessary publicity or partisan feeling. Congress seated 
me in contest over 1916 election, and held that soldiers in Regular Army, includ¬ 
ing Signal Corps men, who enlisted in outside States, did not gain residence 
or right to vote in Alaska, notwithstanding they were stationed here for more 
than a year and in precinct for more than 30 days. Their right to vote remained 
to them in the States where they resided when they enlisted, but did not come 
to Alaska with them. Of course, soldiers drafted in Alaska had the right to 
vote in Alaska under that rule. Won’t you advise Capt. Faust, in charge at 
Valdez, of the rule and my wishes, and advise him and the Signal Corps men 
there to voluntarily make an aflidavit, in duplicate, admitting the truth, stating 
that he was an enlisted soldier in the Army on November 5 last, giving his 
name and number, the place of his enlistment, and stating frankly and honestly 
that he voted on November 5 last for Sulzer, Wickersham, or Conolly for Dele¬ 
gate to Congress, as the truth might be? This is only asking them to do 
voluntarily what Congress has declared they must do by process of law if 
required. Let all make and sign the same affidavit and forward it to me at 
once, to be presented to the congressional election committee. That will settle 
the matter so far as they are concerned and get the truth into the record 
without unnecessary trouble and expense to the Government. Please answer 
collect, advising if you will assist me in persuading the men to present the 
exact truth to the committee in this way. 

.Tames Wickersham. 

Q. You received that telegram, did you?—A. Yes, sir; I remember it. 

Q. And the.next day you answered it?—A. Yes, sir. 

Q. Your answer was as follows [reading] : 

Seattle, Wash., April 22, J919. 

Judge James Wickersham, 

Juneau: 

Replying telegram yesterday, have furnished Faust copy. You can readily 
see that a man in my public position can not show any interest in politics, as 
the worst will be construed therefrom. However, I lived two years in Alaska, 
and was satisfied that the method of soldiers voting differed from the general 
law in the case, which general law is based on right and justice. I recommend 
that you have one of your party in each place where Signal Corps men are 
stationed, interview each one separately on facts which you request. Looney 
and Rudd have seen your Seattle agent, and Faust agrees to see him. Your 
telegram and copy of this telegram will be wired from Valdez to Lieut. Collins 
in Fort Gibbon by Faust when he returns to Valdez. 

liENOTR. 

Q. You sent that telegram in answer to my former one?—A. Y’'es, sir. 

Q. Then, on May 8 I sent you ano'ther telegram from Valdez, as follows 
[reading] : 

Valdez, Alaska, May 8, 1919. 

Col. B. O. Lenoir, 

Commanding Alaska Signal Corps, Seattle, Wash.: 

Capt. Max H. Faust, commanding Signal Corps, Valdes, was aboard Alameda 
Ketchikan when I embarked on boat. Talked with him frankly. He stated 
he had voted Valdez, November 5, 1918, for Candidate Sulzer and promised me 
be would sign necessary affidavit admitting fact. At Juneau, in presence of 
witness, I requested him to sign statement suggested, and he admitted fact but 
declined to act. Then sought Tom Donohue, Democratic national committ^- 
man. After long consultation with Donohue and others he refused to act, not¬ 
withstanding his prior promise. Am now in Valdez, have carefully examined 
records and gathered testimony. Faust and dozen other men under his com¬ 
mand voted as he did at said election. Noaks was rewarded with appointment 
to Democratic office since election. In consultation with me to-day Faust again 


53 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

refused to keep his former promise to make full truthful statement, saying it is 
not satisfactory to friend Donohue, who is also here. Told me he had not for- 
\yarded my telegram of April 21 to you, and your answer to me, to Lieut. Col¬ 
lins, Fort (xibhon. He is refusing to act, knowing limitations of time and steam¬ 
boat travel, and an extra session of Congress and in accordance with the 
demands of Donohue. His action in voting was in violation law of United 
States in force in Alaska and his second offense. His example very had, leading 
men under his command into crooked politics and violations law. Will War 
Department approve Signal Corps commander leading his men to polls viola¬ 
tion law and heading them in concealing the truth, or will it request him to 
make honest statement retiuested? Am applying to men under Faust command 
to tell truth suggested in iny telegram to you April 21. Advise you fully situa¬ 
tion since justice to residents Territory require form conclusion that honest 
elections may be had here. 

James Wickersham. 

You received that telegram?—A. Yes, sir. 

Q. And on the next day you answered it as follows [reading] : 

Seattle, Wash., May ,9, 1919. 

Judge Wickersham, Valdez: 

This office can take no active part of any kind in politics in Alaska. It is 
cognizant of difficulties of Signal Corps men in Alaska living among civilians 
and more or less under influence of local political leaders who no doubt impor¬ 
tune them to vote, and it takes considerable moral courage and legal knowledge 
to steer clear of such entanglements; hut if they do become interested in local 
politics, it is entirely a question between them and civil authority, as, owing to 
scattering of men throughout Alaska, the difficulty and expense of changing 
them, it is impossible to give such matters close attention. 

Lenoir. 

That was your answer? 

A. Yes, sir. 

Q. Then on the same day I sent you another telegram, as follows [reading] : 

Valdez, Alaska, May ,9, J919. 

Col. B. O. I.,enoir, 

Comuianding Alaska Signal Corps, Seattle, ^VasU.: 

Quite agree with you, soldiers. Regular Army, enlisted States, serving in 
Alaska Signal Corps should keep out of local politics, and I publicly protest 
against their pernicious political activity 1916 and 1918 campaigns. Capt. 
Faust and men engaged in Democratic political machine with him were brave 
in violating LTiited States election laws hut cowardly when asked to tell Congress 
truth about it. They must he taught to respect election laws and not given 
refnge behind Signal Coi’ps Service when willfully violate same. Army must 
not shield illegal voters; should as'sist in punishing them. Have to-day served 
18 with subpoenas appear next Wednesday court and testify. Strongly urge 
you as commander advise them voluntarily sign affidavits requested that 
Congress may have whole truth without more trouble. You can not keep Signal 
Corps out politics' by permitting Tom Donohue, Democratic national committee¬ 
man, to command them and pay for their support with offices such as he gave 
Noaks. 

James Wickersham. 

You received that telegram? 

A. Yes, sir. 

Q. And you replied to it an May 10, as follows [reading] : 

Seattle, AVash., May 10, 1919. 

Judge Wickersham, Valdez: 

Yours yesterday. I can not take any active jiart in present controversy unless 
one party or the other draws me in as a partisan. It can not he seen how 
soldiers can be interested in Alaska politics except under the influence of 
local leaders, and if this influence is wrongly used the question of rectirtcation 
is for civil authorities and the soldiers’ own idea of right ami wrong. 

Lenoir. 

You sent that telegram to me. Colonel? 

A. Yes, sir. 

Q. Col. Lenoir, sometime ago I wrote you a letter to the department, under 
date of June 2, 1919, asking for certain information with respect to conditions 


54 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


of control of the government telegraph line at Iluhy, Alaska, and that, as I 
understand, was forwarded by the Secretary of War, or through the War 
Department, to you, for inforiuAtion.—A. Yes, sir. 

Q. I now show you a letter which I received after I saw you yesterday, 
signed by F. K. Curtis, colonel. Signal Corps, from Washington, in respect to 
that matter. I just wanted you to say that it is oflicial?—A. Yes, sir. 

Q. It contains a copy of the information which you forwarded to the War 
Department respecting that matter?—A. Yes, sir. 

Q. So far as you can see it is official and correct in its statement?—A. Yes, 
sir, it seems to be all right as far as I can see. 

Q. Colonel, are there any men mentioned in this list which has been tiled 
with the stenographer, or any men connected with the management (►f the 
Government cable and telegraph lines in Alaska who are not enlisted soldiers 
in the United States Army?—A. There are two messengers in the larger 
places, like Valdez, Cordova, and Nome. 

Q. But their names are not included in this list?—A. No, sir, none in that 
list. 

Q. In what capacity are they employed, and how?—A. Delivering telegrams. 

Q. Are they boys?—A. Well, we are lucky to get hold of anything that can 
carry them now. I don’t know whether they are boys, or not. In Seattle 
here we have a man about GO years old. Capt. Foust can tell you about that. 

Q. But those men are not enlisted men in the United States Army?—A. No. 

Q. They are employees?—A. I .should say they are young men, usually are. 

Q. But other than those, all those are usually enlisted men in the Army?— 
A. Yes, sir. 

Q. AVhere are they from. Colonel?—A. They are from all parts. You can’t 
tell. No particular part of the country. 

Q. Do jmu know whether they are enlisted in Alaska or outside?—A. There 
are very few enlistments in Alaska. 

Q. They are .substantially all enlisted outside of Alaska, aren’t they?—A. I 
believe they are. There might be some re-enlistments when their time is up. 

Q. Where there is a re-enlistment, what is the usual practice?—A. If their 
term of enlistment has expired, if they want to take another service, they can 
take another contract with the Government. 

Q. And go right on with their work?—A. Yes, sir. 

Q. Their term expires one day, and they are enlisted as of the next day and 
go right ahead?—A. Yes, sir. 

Q. And the continuity of their work is not broken?—A. As a usual thing 
it is not; although they may possibly stay out of the service a little while and 
go back again. 

Q. But the usual thing is they go back immediately?—A. If they want to 
enlist at all; those men who expect to follow up the Army as a profe.ssion, 
they reenlist right away, as a usual thing. 

(]. Col. Lenoir, the Government keeps a record of the residences of men who 
enlist in the Army at the time of. their enlistment, doesn’t it?—A. Yes, sir. 

Q. It keeps the date of their original enlistment?—A. Yes, sir. 

Q. And the place of their original enlistment?—A. Yes, sir. 

Q. And their residence at the time of their enlistment?—A. Yes, sir. 

Mr. Wickp:rsham. I now offer in evidence the official communication from 
the chief clerk of the War Department, dated July 30, 1919, addressed to me, 
and which is attached to a memorandum of the War Department, giving the 
data mentioned by Col. Lenoir, with respect to the operation and control of 
the telegraph line at Ituby, Alaska, and I ask to have it marked “ Exhibit 2.” 

(Paper so marked and hereto attached.) 

Cross-examination by Mr. Leehey. 

(j. Col. Lenoir, do you know the residence of the men given in this list 
which you have lU'oduced here and which has been placed in evidence?—A. I 
could not tell without reference to the official i-ecord. 

Q. Do you know whether any of these men actually reside in Alaska?— 
A. T can’t recall any one that resides there—that has a home in Alaska. 

Q. Do you, as a matter of fact, know where they are residing?—A. No, sir; 
not without looking -at the official record. It can be ascertained, though, 
definitely, from their record. There is a complete record of every man. 

IMr. WiCKERSiiAii. With resi)ect to that, Mr. Leehey, I have a certified list 
of the names, the date of the original enlistment, the place of the original 
enlistment, and the residences Of 40 of those men whom I questioned. Now, 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY 


55 


the orifjinal of this has boon tiled with the House, hot I will put a copy into 
the record at this time without you object, the original being with the House 
of Representatives, now tiled with the clerk. I think I will read this and 
refer to the original, so that it can go in at this time. 

Q. Col. Lenoir, I want to call your attention to what I read now, and I 
want you to say, when I conclude, whether it is generally in accord with the 
rules and regulations of the department: 

United States of Ameuica, 

War Department, 

Washington, June 11, 1019. 

I hereby certify that the statement made on the attached papti* is based 
upon recoi-ds on tile in the oflice of The Adjutant General of the Army, and 
that the several items included therein are true copies from those records. 

r. C. Harris, 

Major General, I nitcd States Army, 

The A'djutant General. 

I hereby certify that I*. C. Harris, who signed the foregoing certificate, is 
The Adjutant General of the Army, and that to his certilication as such full 
faith and credit are and ought to he given. 

In testimony whereof I, Newton I). Baker, Secretary of War, have hereunto 
caused the seal of the War Department to he affixed and my name to he sub¬ 
scribed by the assistant and chief clerk of the said department, at the city 
of Washington, this 11th day of June, 11)19. 

Newton D. Baker, 

Secretary of War. 
By John C. Scofield, 
Assistant and Chief Clerk. 

The records on file in the office of The Adjutant Genoi’al of the Army show 
date and place of original enlistment and residence at date of original enlist¬ 
ment as follows in the cases of the soldiers mentioned: 


Name. 


Date of origi¬ 
nal enlist¬ 
ment. 


Place of original enlistment. 


Chas. A. Agnetti.. 
William T. Barr... 
Ike A. Beal. 

Edward E. Beattie 


Oct. 10,1914 
Dec. 31,1903 
Jan. 24,1914 

July 24,1917 


Fort Slocum, N. Y. 

Lincoln, Nebr. 

Recruiting depot. Fort Lo¬ 
gan, Colo. 

Fort >Vm. H. Seward, Alaska 


James W. Boon. 

James M. Campbell. 

Howard G. Clifton. 

Harvey B. Conover. 

Ralph N. Cummins.... 

William J. Cuthbert_ 

Herman D. Marce. 

James A. Ellison. 

Rudolph Elm.quist. 

Max H. Faust (captain) 


Nov. 23,1912 
Feb. 11,1909 
July 11,1915 
July 2,1917 
Aug. 21,1913 
July 18,1917 
Feb. 24,1915 
Aug. 15,1917 
Oct. 8,1913 
June 21,1899 


Jackson Barracks, La. 

Columbus Barracks, Ohio... 

Fort Slocum, N. Y. 

Jefferson Barraks, Mo. 

-do. 

Fort George Wright, Wash.. 

Fort Snelling, Minn. 

Toronto, Canada. 

Fort Snelling, Minn. 

New York, N. Y. 


Thomas F. Griffith.. 

Guy B. Hawley. 

Durwood M. Hocker. 

Alex A. Kott. 

Leo Kraft. 

Emil Lains. 

James P. Lake. 

Dr. W. E. Leonard.. 
Phil F. McQuillan... 
Horace R. Morgan... 
James W. McConnell. 
Richard H. L. Noaks 

Charles R. Olde. 

John E. Pegues. 

Wm. R. Rodgers_ 

Robert L. Scearce- 

Louis G. Selk. 


Oct. 1,1914 
Nov. 13,1915 
July 24,1914 
Jan. 30,1914 
Mar. 17,1917 
Dec. 24,1913 
Aug. 11,1913 
No record... 
Nov. 21,1898 
Apr. 23,1917 
Mar. 19,1908 
Apr. 3,1911 
Dec. 18,1911 
Sept. 21,1912 
Jan. 9 ;1903 
May 4,1914 
July 18,1903 


Manila, P. I. 

Fort Lawton, Wash. 

Columbus Barracks, Ohio... 

Fort Lawton, Wash. 

Fort McDowell, Calif. 

Columbus Barracks, Ohio... 
Jefferson Barracks, Mo. 


Rochester, N. Y. 

Fort Lawton, Wash... 
Fort Snelling, Minn... 

Fort Logan, Colo. 

Jefferson Barracks, Mo 

Fort Logan, Colo. 

New Orleans, La. 

Fort McDowell, Calif.. 
St. Louis, Mo. 


Harry Shutts. 

Burr M. Snyder. 

Herman D. Steubuck 


June 27,1907 
July 16,1913 
Nov. 11,1915 


Fort W^ood, N. Y_ 

Fort McDowell, Calif. 
Chicago, Ill. 


Residence. 


Brooklyn, N. Y. 

Not shown. 

Amarillo, Tex. 

727 Dixon Street, Juneau, 
Alaska. 

Newman, Ga. 

Norwalk, Ohio. 

Clifton Forge, Va. 

St. Louis, Mo. 

Fairview, W. Va. 

Deer Lodge, Mont. 

Veblen, S. Dak. 

Not showm. 

Stillwater, Minn. 

56 East One hundred and 
eighteenth Street, New 
York, N. Y. 

Not shown. 

Spokane, Wash. 

Owensboro, Ky. 

Manistee, Mich. 

Winona, Minn. 

Chicago, Ill. 

St. Paul, Kans. 

Not shown. 

Seattle, Wash. 

Duluth, Minn. 

FI Paso, Tex. 

McLeansboro, Ill. 

Oklahoma City, Okla. 

New Orleans, La. 

Frankfort, Ky. 

5216 Virginia Avenue, St. 

Louis, Mo. 

Neptune City, N. J. 

San Francisco, Calif. 
Milwaukee, Wis. 










































































56 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Name. 

Date of origi¬ 
nal enlist¬ 
ment. 

Place of original enlistment. 

Residence. 

Clement C. Stroupe. 

Donald H. Tver. 

Harlan Van Wyck. 

Howard G. Wescott. 

Elmer D. Whittle. 

Horace W. Whitman. 

Aug. 2,1913 
May 13,1917 
July 28,1917 
Feb. 24,1914 
July 6,1917 
Jan. 24,1914 

Fort McDowell, Calif. 

Fort Logan, Colo. 

Seattle, Wash. 

Fort McDowell, Calif. 

Fort Lawton, Wash. 

Jackson Barracks, La. 

Sacramento, Calif. 

Redding, Iowa 

Seattle, Wash. 

Do. 

Do. 

New Orleans, La. 


That is all, Colonel. 

(Witness excused.) 

B. O. Lenoir. 

Subscribed and»sworn to before me this 6tb day of August, A. D. 1919. 

[SEAL.] Harold H. Hartman, 

Notary Piihlic in and for the State of Washington. 

Exhibit 1. 

Roster of Signal Corps officers and enlisted men in Alaska Dee. 31, 1918. 

FIRST SERVICE COMPANY. 


Name. 

Station Dec. 31, 
1918. 

Present location. 

Voted. 

Dis¬ 

charged. 

Captain: Faust, Max H. 

Valdez. 

Seattle. 


Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Master signal electrician: Sny¬ 
der, Burr M. 

Sergeants first class: 

Billings, Wesley J. 

.do. 

Valdez. 


.do. 

.do. . 


Elmquist, Rudolph. 

.do. 

Cordova. 


Montgomery, Ellis R. 

Seward. 

Seward. 


Pegues, John E. 

Fairbanks. 

Fairbanks. 

Yes. 

Sergeants: ' 

Beal, Ike A. 

Valdez. 

f 

Seattle. 


Boardman, Fay. 

Fairbanks. 

Fairbanks. 


Hooker, Dur A'ood M. 

.do. 

.do. 


Johns, Clarence M. 

Copper Center. 

Copper Center. 


Kinloch. Ernest P. 

Liscum. 

Valdez. 


Noaks, Richard H. L. 

Valdez. 

Cordova. 

Yes .. 

Corporals: 

Agnetli, Charles A. 

.do. 

'Valdez. 


Dana, George W.,jr. 

Fairbanks. 

Fairbanks. 


Foster, Austin L..”.. 

Valdez. 

Valdez. 


Griffin, Thomas G. 

Fairbanks. 

Fairbanks. 


High, Benjamin V. 

Seward.. 

Seward. 


Koltj Alex A. 

Valdez. 

Valdez . . 


McLaughlin, Harry W. 

Salcha. 

Fairbanks. 


McNally, Richard'. 

Teikhell. 

Copper Center. 


Rogers, William R. 

Valdez. 



Rowbottom, Henry T. 

McCarty. 

England. 

No . . . 

Shutts, Harry.. 1.. 

Valdez.'. 

Valdez. 


Tyler, Andrew V. 

Cordova. 

.do. 


Van Wyck, Harlan. 

Valdez. 

Seattle. 

Yes 

Privates, first class: 

Almgren, Harold B. 

Seward. 


No 

Carnes, Don R. 

Fairbanks. 

Fairbanks. 

Nn 

Clifton', Howard G. 

Valdez. 

Valdez. 


Cuthbert, William J. 


.do. 


Davis, Thomas H. 

Donnelly. 

.do. 


DuMarce. Herman. 

Fort Liscum. 

Fort Li cum. 


Ellison, Anderson. 

Gulkana. 

Gulkana. 


Fouch, Hugh. 

Seward. 

Valdez. 

Nn 

Gleason, Thomas A. 

Paxson. 

Paxson. 

No 

Hoover, Howard H. 

Seward. 

Seattle. 

No 

Hopkins, Edward L. 

Valdez. 

Valdez. 


Keeiy, Lester C. 

Cordova. 

Cordova. 


Kennedy, Elbert S. 

Tondna. 

Donnelly. 


Kruoitza, Karl. 

Richardson. 

Richardson.-. 


Lains, Emil. 

Valdez. 

Valdez. 


Lines, Hoxie H. 

Cordova. 

Cordova. 


Locker, Michael. 

Liscum. 

Trinsferred to Fort Sam 


Looney, James B. 

Seward. 

Houston. 

Seattle. 


MacDonald, Bertram S. 

Pax.son. 

Salcha. 













































































































































































57 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Roster of Signal Corps officers and enlisted men in Alaska Dec. 31, 1918 —Con. 


FIRST SERVICE COMPANY—Continued. 


Name. 

Station Dec. 31, 
1918. 

Present location. 

A^'oted. 

Dis¬ 

charged. 

Privates, first class—Contd. 

Me verson, Raphael. 

Brooks. 

Brooks. 


Yes. 

Mills, Laurence R. 

Fairbanks. 

Fairbanks. 


Montague, John A. 

McCallum. 

McCallum. 


Murphy, James 0. 

AVortmans. 

Wortmans. 


Rosegard, John. 

Tonsina. 

Tonsina. 

No. 

Smith. Robert S. 

Cordova. 

Astoria, Oreg. 

No. 

Stack, AVillie L. 

Fairbanks. 

Fairbanks. 


St''nbuck, Herman B. 

.do. 

McCartv. 


Suplee, AA''aHer L. 

Teikhell. 

Teikhell. 


Thuesen, Einer H. 

A^aldez. 

A’^aldez. 


AVhipp’e, AVilliam E. 

BeaA^er Dam. 

.do. 


AVhittle, Elmer D. 

Fairbanks... 

Fairbanks. 

Yes. 

AA’^oodrum, Charles D. 

Hogan. 

Hogan. 







SECOND SERVICE COMPANY. 


First lieutenant: 

Collins, Ambrose S_ 

Mast'^r signal electrician: 
Kainline, Richard L... 

Inman, William H_ 

Sergeants, first class: 

Barr, William T.. 

Campbell, James M.... 

DoA^mer, Arthur J. 

McKeone, George L..., 

Murphy, Char'es B. 

AVescott, Howard G.... 
Sergeants: 

Barnet, George S.. 

Curlee, James W. 

Helms, Sidney L. 

Scanland, Louis W. 

Swenson, John A. 

Corporals: 

Anderson, Glenn G.... 

Barnett, George W. 

Beattie, Edward E. 

Belgard, John E. 

Boon, James W. 

Fitzwilliams, Basil. 

MacDowell, James S ... 
Rothacher, Norman W 
Stroupe, Clement C.... 

Young, Glenn. 

Cook: Edwards, John C.... 
Privates, first c’ass: 

Ashton, Albert R. 

Baker, Har-'ld L. 

Barnett, William R.... 

Carey, Clark A. 

Champlin, John H. 

Christy, Thomas V. 

Craugh, Frank P. 

Doll, Marvin A. 

Draper, Charles D. 

Eckers n, Lloyd R. 

Eslick, John J. 

Growden, William N... 

Hilsman, Arthur. 

Howbrook, Mark J. 

Huhndcrf, Max F. 

Jorgensen, Svend A. C. 

Kaiser, Henry S. 

Kelley, Edwin B. 

King, Fred E. 

Lake, James P. 

Lovgren, Clarance L... 
McConnell, James AY... 

Mathews, Lawton. 

Matthews, Thomas E.. 

Morgan, Horace R. 

Morris, AVilliam L. 

Murray, Mark F. 

Nelson, AVilliam. 

Owen, Thomas J. 


Fort Gibbon. 

Fort Gibbon. 


Fort Yukon. 

Fort Y ukon. 


Nome. 

Nome. 


Fort Gibbon. 

Fort Gibbon. 


.do. 

.do. 


.do. 

.do. 


N ome. 

Nome. 


Fort Egbert. 

Fort Egbert. 


Nulato. 

Nulato. 


Fort Gibbon. 

Fort Gibbon. 


.do... 

.do. 


Circle. 

Circle. 


Nenana. 

Nenana. 


Fort Gibbon. 

Fort Gibbcn. 


Hot Springs. 

Jlnt Springs. 


Iditarcd. 

Iditarcd.. . 


Fort Gibbon_ 

Fort Gibb'n. 


Nome. 

Nome. 


Nulato. 

Nu’ato. 


Fort Gibbon___ 

Fort Gibbon. 


Holv Cross . 

Holv Cross. 


St. Michael. 

N ome. 


Nulato. 

Nulato. 


Melozi . 

Melozi. 


Ft rt Gibbon. 

H't Springs. 


Kr.vnkiik. 

Koyukuk. 


N ome. 

Seattle. 

No. 

Fori; Gibbon .. 

San Francisco. 

No. 

Nn’ato 

Nulato. 


Fort Gibbon. 

.do. 


Nome. 

Nome. 

No. 

Fort Egbert. 

Fort Lawton. 

No. 

Fort Davis. 

N ome. 

No. 

Fort, Gibbon . 

Kokrines. 


Nenana. 

Nenana.. 


Fort Gibbon 

Fort Gibbon. 

No. 

Fokrines 

Kokrines. 


Fort Gibbon .. 

Fort Gibbon. 


do. 

.do. 


KnkrineS-. 

.do. 


Rt Miehael 

St. Michael. 


Birehes . _ 

Birches. 


Fort. Gibbon 

Fort AA’’orden. 

No. 

do . 

Fort Gibbon. 


N n 1 a.tn 

Nulato. 


V om p. _ . 

Nome.. J. 


N o 1 a.t o 

N ulato. 


Birehes . 

.do. 



N ertana. 



Fort Lawton (en route). 


PO Q,Ti n. 

N enana. 


N U1afo 

McGrath. 

Yes. 

Birehe<? 

Nome. 



dn __ 



Yes. 


Yes. 

Yes. 


Yes. 





































































































































































































































58 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Roster of Sifinal Corps officers and enlisted men in Alaska Dec. 31, 1918. —Con. 


SECOND SP]RAOCE COMPANY.—Continued. 


Name. 

Station Dec. 31, 
1918. 

Present location. 

A^oted. 

Privates, first class—Contd. 

Fort Gibbon 

Kotlik. 


Rpas .Tprrv T. 

Tolovana . 

Fort Lawton (en route). 



T.onden . _ 

Tolovana. 


Rpiprnp Tt'ranlr T 

Birehec! 

En route Fort Lawton. 


Spllr T.finis G 

Fort Gibbon . . . 

Fort Gibbon. 


ftrpith A 

Nome 

Nome. 


Btpplp .Ta<?<?p O 

Fort Gibbon 

(?). 

No. 

Taylor Claud C 

Nenana . 

N enana. 


TprrpB William F, 

Bireb e.s 

(?) . 

No. 

TTlen F.lTnpr .1 . 

Cbena . 

Chena. 


AValkp.r Gp.nrgp B 

Fort Gibbon 

Fort Gibbon. 


Wallapp. Edmund .1 

St Miebael 

St. Michael. 


AA^balp.n Robert X 

N om e. . 

(^). 

No. 

Wheat Roy .1 

Fort Gibbon 

En route Lawton. 


AVil.<5on R,a,ipb O 

do 

Fort Gibbon. 


Modeweg Axel 

St ATiebael _ 

p) . 


Private: Me.A fee .Taeob 7, 

Melo7i 

Fort Ward. 

No. 






Dis¬ 

charged. 


Yes. 

Yes. 


Yes. 


TWENTY-SEVENTH SERVICE COMPANY. 


Master signal electrician: 

McNurney, Michael A. 

McQuillan, Philip F. 

Sanford, Homer A. 

Sergeants, first class: 

Barbee, Edward B. 

DeLong, Leonard .1. 

AVhitman, Horace AV. 

Sergeants: 

Harper, Leon F. 

Hawley, Guy B. 

Irvine, Harry AV. 

Jandorf, Jesse R. 

McLaughlin, AA^iiliam AV... 

Tubbs, Cary L. 

Corporals: 

Cummins, Ralph N. 

Hardman, Robert L. 

Rohling, Arthur H. 

Tronker, Joseph. 

Tucker, Cloyes O. 

Privates, first class: 

Allard, Joseph G. 

Ambler, Thomas J. 

Campbell, Thomas N. 

Conover, Harvey B. 

Dotts, AA""alter H. 

Field, Clyde T. 

Firkins, Leon R. 

Gutfeld, Arnold. 

Howbrook, Charles H. 

Kelly, Andrew J. 

Kielty, Henry J. 

Kraft, Leo. 

Lawrence, Clarence D. 

Lipsitz, Ijouis. 

Morrison, Lorraine G. 

Otto, Oliver G. 

Rudd, Robert R. 

Scearce, Robert L. 

Stevens, Lyle AV. 

Private: Mortimer, Harry H... 


Petersburg.. 

Sitka. 

Juneau. 

.do. 

Ketchikan.. 
Sitka. 

.do. 

.do. 

Douglas. 

Sitka. 

AVrangell.... 
Juneau. 

Sitka. 

Juneau. 

Petersburg.. 
Ketchikan.. 
Juneau. 

Sitka. 

Fort Seward 

Sitka. 

_do. 

Fort Seward 

Sitka. 

Petersburg.. 
Skagway.... 

Jimeau. 

_do. 

Sitka. 

-do. 

AVrangell.... 

Sitka. 

Juneau. 

Ketchikan.. 

Juneau. 

Sitka. 

-do. 

AA^rangell.... 


Petersburg 

Sitka. 

Juneau...*. 

_do_ 

Ketchikan. 
Sitka. 

_do_ 

_do_ 

Douglas.... 
Pet^sburg. 
AAYangell... 
Juneau. 

Sitka. 

Juneau. 

Petersburg. 
Ketchikan. 
Juneau. 


Haines. 

Sitka. 

_do. 

Juneau. 

Transferred to Fort Houston 

Petersburg. 

Skagway.^. 

Sitka. 

Juneau. 

Sitka. 

Nome. 

AVrangell. 

Sitka. 

(?) . 

Ketchikan. 

AVrangell. 

Transferred to Fort Houston 

Haines. 

AA^’rangell. 


Yes 


No 

No 


Yes 


No 


5 No. 

I No. 

I 


No 

I 

'No 


No 


Yes. 

Yes. 

Yes. 


Yes. 


Yes. 


1 Deceased Nov. 13, 1918. 


Exhibit 2. 


W-AR Department, 

Washington, July 30, 1919. 

Hon, James Wickersham, 

Room 167, House Office Building, 

Washington, D. C. 

IMy Dear Sir : Referriiij? to inquiries conttiined in your letter of 2(1 instant, 
regardinji the estahlishment, operation, and control* of the Riihy telegraph 








































































































































































































WIGKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


59 


lines at lliiby, Alaska, I beg to inclose lierewith a ineinorandmn on the subject, 
made by authority of the Chief Signal Officer under date of 2Gth instant, which 
it is hoped will furnish the required information. 

Very respectfully, 

J. B. Randolph, 

Acting Assistant and Chief Cletdc. 


War Department, 

Office of the Chief Signal Officer, 

Washington, July 26, 1919. 

Memorandum for the Secretary of War: 

1. The following is furnished with reference to inquiries contained in let¬ 
ter of July 2, 1919, from Hon. James \Mckersham, Delegate from Alaska, 
regarding the establishment, operation, and control of the Ruby telegraph 
lines at Ruby, Alaska: 

“ Wbether such private over-the-river wires were put in for transmitting 
l)oth official and commercial telegrams to Ruby, and the mines farther south, 
with the consent of the Signal Corps, and when?” 

The Ruby (Alaska) telegraph line was put in by private individuals and 
opened for business September 20, 1911, over which both official and commercial 
telegrams are transmitted as far as Ruby. The Signal Corps had nothing 
to do with the installation of this line. 

“ Has such arrangement existed from the date when such wires were first 
swung across the river, and is it yet in force?” 

This arrangement has existed since September 20, 1911, and is now in 
force. 

“ AVere the over-the-river wires originally put up by persons connected with 
the Signal Corps, and if so will you kindly give me the names of the per¬ 
sons who so put them up, and state if such persons are yet in control of 
them ?” 

The Ruby line was built by H. A. Wentz and T. .T. DeA'ane and as far 
as known they still remain in control. 

“Are such persons the owners of the over-the-river wires, as managers 
for themselves or some company, or do they control them for the Signal 
Corps?” 

AA’entz & DeA'ane own the line themselves, so far as known by this office. 
The Signal Corps had nothing to do with the line except to connect with it 
like they do with many other lines both in and out of Alaska. 

“ AAdiat are the charges for sending telegrams across the river to Ruby, and 
who gets the tolls?” 

The charges are $0.90 for 10 words and 9 cents for each additional word 
for commercial business, and for official business it is .$0.90 for 10 words and 
5 cents for each additional word. 

AAddle these charges appear to be abnormally high, yet the amount of busi- 
ne.ss is so little that it is not thought it would pay the cost of operating unless 
the owners of the telegraph line were the operators them.selves. This seems 
to be the general rule with connecting lines in Alaska where the rates are 
high. 

In reply to paragraph 6, the telegraph line at Ruby was erected as a 
private enterprise by Alessrs. AA’entz and DeA'ane and, so far as known, they 
are the only parties connected with the control and management thereof since 
its construction. The records of this office show that H. A. AA'entz was en¬ 
listed for the Signal Corps at Fort Slocum, N. Y., December 12, 1907; was 
discharged on December 11, 1910, at Port Gibbon, Alaska ; reenlisted on De¬ 
cember 12, 1910, Port Gibbon, Alaska; discharged by purchase at Alelozi, August 
14, 1911. T. .1. DeA'ane was enlisted for the Signal Corps at Fort Slocum, 
N. Y., .January 1.5, 1908; discharged Port Gibbon, Alaska, January 14, 1911; 
reenli.sted Fort Gibbon, Alaska, January 1.5, 1911; discharged by purchase 
Fort Gibbon August 14, 1911. 

By authority of the Chief Signal Officer. 

P. R. Curtis, 
Colonel, Signal Corps. 



60 


WICKERSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 

Exhibit 3. 


Seattle, Wash., August 4, 1019. 

To (iEORGE B. Grigsby, contestee, and INIaurtce D. Lirchey, his a^?ent and at¬ 
torney, Seattle, Wash. 


My Dear Sirs : I understand you eoinplain you will not have suflicient time 
in the 40-day period allotted to you by the United States statutes and House 
resolution lO.o to take your evidence in the contested election cases in which I 
am contestant and you are contestee as the successor in interest of ]Mr. Sulzer. 

The present situation puts the burden on me of taking testimony from .Tuly 
28, and compels me to spend one-half of my 40 days in transmitting the 
original pleadings to Alaska so the issues and evidence may he limited before 
the court or ofiicer taking the testimony; and thus gives you your 40 days clear 
for taking your testimony, yet I pi’opose this moditication of the rule in the 
interest of both sides. 

I will agree with you in writing to waive the limitation of the 40 and 10 da.v 
periods in the 90 days total time for taking the testimony, .so that we may hotli 
have all the time in the 90 days in which to take the same. That would give 
you the whole of the 90-day period in which to take your testimony. We can 
both serve notices and proceed to the taking of testimony at any time, without 
regard to the 40 and 10 day periods. This will enable you to begin taking testi¬ 
mony at once, and continue to do so from day to day during the whole 90-day 
period. It will extend your time at both ends, and give us both the full period. 
It will save you the trouble of having- your agents and attorneys attend the 
same place twice to take testimony, tirst to take mine, and second to take 
yours. Why not do both at the same time and place? This plan will, of course, 
double your present limit of time for taking your testimony, but I think the 
accommodation to both is worth it, and therefore propose the agreement, not¬ 
withstanding its apparent favor to you. 

Will you kindly advise me of your acceptance of this suggestion by telegraph, 
and the agreement may be made as of that date. 

Very truly. 


.Fames Wickersham, Contestant. 


Served on me August .5, 1919. 


Maurice D. Leehey, 
Agent for Geo. B. Grig shy. 


DEPOSITION OF JAMES B. LOONEY. 

.TAMES B. LOONEY, sworn, testified as follows : 

Direct examination by Mr. Wickersham : 

Q. State your name.—A. James B. Looney. 

Q. How old are you ?—A. Twenty-five years. 

Q. Where were you horn?—A. I was born in Fort Smith, Ark. 

Q. What is your business now?—A. Telegrapher. 

Q. In what service are you?—A. Signal Corps, United States Army. 

Q. How long have you been in the Signal Corps of the I'’^nited States Army?— 
A. Two years and seven months. 

Q. Where were you enlisted?—A. Kansas City, Mo. 

Q. Where was your residence prior to that?—A. Okmulgee, Okla. 

Q. When were you enlisteil?—A. November 6, 1916. 

Q. How long have you been stationed in Alaska?—A. A year and 11 months. 
Q. You were stationed in Alaska on November .5, 1918, at the time of the 
election?—A. Yes, sir. 

Q. Where were you stationed at that time?—A. Seward, Alaska. 

Q. Did you vote on that day?—A. Yes, sir. 

Q. How many Signal Corps men were there in Seward at that time?—A. I 
believe there were six. 

Q. How many of them voted?—A. I don’t know .iust exactly how many of 
them voted. 

Q. Do you know anyone that did vote besides yourself?—A. No, sir. 

Q. You voted?—A. Yes, sir. 

Q. I wish you would state if you voted for Delegate to Congress?—A. Yes, 
sir. 

(y Who did you vote for? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


61 


Mr. I.EEHEY. Tlie contestee objects on the ground can not be requested to 
state for whom he voted unless he wishes to do so freely and voluntarily, and 
makes the objection simply to present the fact to the witness of his rights in 
the matter. 

A. I don’t care to state. 

Q. Well, you have heretofore stated, haven't you?—A. Yes, sir; I believe I 
have. 

Q. You made an affidavit?—A. IVs, sir. 

(). And in that affidavit you testitied that you voted for Charles A. Sulzer 
for Delegate to Congress?—A. Yes, sir. 

Q. Is that true?—A. Yes, sir. 

Q. hy didn’t you (‘are to state; why did you make that statement?—A. 
Well, I don’t consider that it is anybody’s business except my own. 

Q. You are an American citizen, aren’t you?—A. Yes, sir. 

Q. You believe in enforcing the laws of the United States fairly, don’t you?— 
A. Yes, sir. 

Q. As a general thing you don’t violate the law, do you?—A. No, sir. 

Q. And you don’t want to do it now, do you?—A. No. 

Q. Well, if it should turn out that it would not be lawful for you to vote, 
you would not be a legal voter, would you?—A. If it was proven that I was 
not legally entitled to. 

Mr. Leehey. I object to that as calling for a conclusion of the witness. 

INlr. WiCKERSHAM. The rule, Mr. Leehey, is that only that person may take 
refuge behind the secrecy of the ballot \Yho has a legal right to vote. 

]Mr. Leehey. Y’^ou are not entitled to cross-examine your own witness. 

INIr. WiCKERSHAM. One who has not a legal right to. 

INIr. Leehey. I don’t know. INIay be this man has a legal right to vote. 

Mr. WiCKERSHAM. That is what we are trying to fincl out. 

Mr. Leehey. You are assuming that he has not. 

By MTckersham : 

(}. Where had been your residence for years prior to this date?—A. My 
residence prior to my enlistment in the Signal Corps was Okmulgee, Okla. 

Q. MTiere do your folks live?—A. Okmulgee. 

Q. Didn’t you say in your affidavit that that had been your residence all that 
time?—A. Yes, sir; that is what I said then. 

Q. That is true, isn’t it?—A. Yes. 

Q. You came to Alaska as an enlisted soldier, didn’t you, in the United States 
Army?—A. Yes, sir; I asked to be transferred to Seward, Alaska. 

Q. And you were transferred there upon your request?—A. Yes. 

Q. Where are you now?—A. Seattle. 

Q. How long have you been here?—A. About four months, I should judge. 

Q. When did you come here?—A. I don’t remember the exact date. 

Q. About when? It is not material.—A. The latter part of March, I believe. 

Q. Did you request to be sent here?—A. Yes, sir. 

Q. And you were ordered here at your request; is that right?—^A. Yes, sir. 

Q. In the Army what is the rule about that? Isn’t it true that you may be 
ordered anywhere by your commanding officer?—A. Yes, sir. 

Q. So that your residence, or the fact that you were in Seward, was not 
because you desired to be there, but because in the Army your superior officer 
desires to have you there; is that right?—A. To a certain extent, yes, sir; 
but he gives pi'eferences lots of times. 

Q. And lots of times he doesn’t—as a matter of fact, you were under orders?— 
A. Yes, sir. 

Cross-examination by Mr. Leehey : 

Q. You say you requested to be sent to Seward?—A. Y’'es, sir. 

Q. WTien were you sent there?—A. I arrived there July 17, 1917. 

Q. Were you there continuously from July, 1917, until the election in No¬ 
vember, 1918?—A. Yes, sir. 

Q. What place did you intend to claim as your residence during that period, 
from July, 1917, until after the election in November, 1918? 

IMr. WiCKERSHAM. I object to that, and to all other questions of that kind, on 
the ground that a soldier enlisted in the United States Army has no preference. 
He is under the orders of his superior officer, and has no preference in the 
matter. He must go wherever his superior officer orders him to go, and he has 
to be stationed wherever his superior officers ordered him to be stationed under 
the law. 


62 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


INIr. Leeiiey. Without undertaking to present an argument, I am proceeding 
on the assumption that a man—the residence being a matter of intention, 
that a man has a right to express his intention of residence. I want it in the 
record. 

A. I considered Seward as my residence at the time. 

Q. Why did you ask to i)e transferred to Seward, Alaska?—A. There was a 
vacancy open tliere, and I was located in Seattle at the time, and I thought I 
would like to work up there, and would be better satisfied. 

Q; Did you have any intention of living in Seward, permanently, when you 
asked to be transferred there?—A. Yes, sir; I figured on living there, and fin¬ 
ishing my enlistment there anyway. 

Q. Did you have any intention of residing there permanently?—A. Not after 
my enlistment. 

Redirect examination by Mr. Wickeksham : 

Q. In the affidavit you made you stated “ That his home and residence is, 
and was at all times herein mentioned in the city of Okmulgee, Okla., and that 
it was on November o, 1918, at Seward, Alaska, on duty as a cable operator in 
the United States Signal Corps; that he on that date voted at the election held 
for the purpose of choosing a Delegate for the House of Representatives of 
the United States for the Territory of Alaska, and he cast his vote for Charles 
A. Sulzer.” Is that correct?—A. Yes, sir. 

• James B. Looney. 

Subscribed and sworn to before me, tjiiis 6th day of August, A. D. 1919. 

[ SEAL.] Harold H. Hartman, 

Notary Puhlic in and for the State of Washington. 

DEPOSITION OF IKE A. BEAL. 

IKE A. BEAL, having been sworn, testified as follows: 

Direct examination by Mr. Wickersham : 

Q. State your name.—A. Ike A. Beal. 

Q.- What is your business?—A. Cable operator. 

Q. How long have you been engaged in that business?—A. Oh, since Janu¬ 
ary 22, 1914. 

Q. Where did you enlist?—A. Fort Logan, Colo. 

Q. Where had yim resided prior to that time?—A. All over. 

Q. Had you ever resided in Alaska prior to that time?—A. No. 

Q. Have you been in the Regular Army ever since that time?—A. Yes. 

Q. And are now?—A. Yes, sir. 

Q. You haven’t been discharged?—A. No, sir. 

Q. When did you first go to Alaska?—A. It was in IVIarch, 1914; I don’t re¬ 
member the exact date. 

Q. You were sent here as a soldier in the Regular Army?—A. I come here 
at my own request. 

Q. But as a soldier in the Regular Army of the United States—A. Yes, sir. 

Q. By the orders of your superior officer?—A. Yes, sir. 

Q. But you also requested Alaskan service?—A. Yes, sir. 

Q. And you were ordered to Alaska by your superior officers in pursuance to 
your request?—A. Yes, sir. 

Q. And you have been in Alaska ever since?—A. Y^es, sir; until last Feb¬ 
ruary. 

Q. February of this year?—A. Y^es, sir; February, 1919. 

Q. Then what happened to you?—A. I am still here. 

Q. You were ordered to come to Seattle?—A. No, sir. I come out on fur¬ 
lough. 

Q. Are you still on furlough?—A. No, sir. 

Q. What service are you in?—A. In the Signal Corps. 

Q. Where?—A. At Seattle. 

Q. In the office of the United States Cable and Telegraph Service here?—A. 
Yes, sir. 

Q. Who is your commanding officer here?—A. Col. B. O. Lenoir. 

Q. AVho was your commanding officer while you were in Alaska?—A. The 
first one was Lieut. Clarence A. Dougherty, then Capt. Nolan, then Capt 
Faust. 

Q. Where were you first stationed in Alaska?—A. At. Valdez. 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 63 

Q. How long were you there?— A. I was at Valdez, close to 14 months alto¬ 
gether. 

Q. All the time serving in the United States Army as a Signal Corps man?— 
A. Yes, sir. 

Q. Then where did you go?—A. I was, counting the 14 months that I was 
at Valdez, and out on the trail, together. 

Q. You were engaged in the same service?—A. Yes, sir. 

Q. After that 14 months in Alaska you came to Seattle?—A. No, sir. 

Q. Then where did you go?—A. I went from Valdez to Cordova. 
i}. How long were you at Cordova?—A. Fourteen months. 

Q. You were 14 months at Valdez and 14 months at Cordova?—xA. l"es, sir. 
(}. Then where did you serve?—A. I went hack to Valdez. 

(}. How long were you there then?—A. I don’t remember just how long. I 
was there something over four years, four years and live months. 

Q. Are you a married man?—A. No, sir. 

(^. Where did you live while you were in this service?—x\. I lived at Valdez. 
Q. Whereiibouts in Valdez, in the Signal Corps offices, or rooms?—A. No, 
sir. I had a house of my own, a rented house. 

i}. Where?—A, I had several of them around town. 

Q. That is usual, that Signal Corps men do live out in rented houses of 
their own, isn't it?—xA. Or at the hotel. Any place they want. 

Q. Wherever they choose?—xA. Yes, sir. 

Tliey have pretty permanent service?—xA. l^es, sir. 

Q. Did you vote at the election of November 5. 1918, the last election for 
Delegate to Congress from xAlaska?—xA. Yes, sir. 

Q. Where?—xA. xAt the last election was Valdez. 

Q. Do .vou remember that there was a primary election held there in May 
preceding that, a primary election for the nomination of a Delegate to Con¬ 
gress?—A. I don’t remember, hut it seems to me like there was. 

Q. I wanted to know if you voted at that primary election?—xA. Well, I think 
I voted at all of them while I was up there. 

Q. You vote the Democratic ticket?—xA. The solid Democratic ticket. 

Q. xAt all times?—A. No; not at all times. 

(}. Whenever you get a chance?—A. No; I vote some other tickets. 

Q. How about the hoys at A'aldez; were most of them Democrats?— A. I 
think the biggest majority of them were Democrats. 

Q. Isn’t it true that most of them belonged to the Democratic Club?—xA. I 
don’t knoAv anything about the Democratic Club. 

Q. Did you?—A. No, sir. 

Q. You didn’t belong to it?—xA. No. 

Q. Rut you did vote the Democratic ticket?—A. Yes. 

Q. Straight?—xA. Yes, sir. 

Q. You didn’t vote for any Republicans at all?—xA. No, sir. 

Q. You never voted for me at any time?—A. Yes, sir; I did. 

Q. When?—xA. In 1916, I think. 

Q. Where?—A. At Cordova. 

Q. Rut you didn’t vote for me in 1918?—xA. No, sir. 

Q. You did vote on November 5, 1918, at Valdez, for Delegate to Congress, 
didn’t you?—xA. Yes, sir. 

Q. xAnd you didn’t vote for me?—xA. No, sir. 

Q. Did you vote for the Socialist candidate at that time?—xA. No, sir. 

Q. You voted the Democratic ticket?—A. Yes, sir. 

Ike xA. Real. 

Subscribed and sworn to liefore me this 6th day of xAugust, xA. D. 1919. 
[seal.] Harold H. HxVrtMx\n, 

Notary Public in and for the i^tate of Washlnyton. 

■ DEPOSITION OF HENRY S. LABISKY. 

HENRY S. LxVRISKY, having been first duly sworn, testified as follows: 

Direct examination by Mr. Wickersiiam : 

Q. What is your present occupation?—xA. I am not employed. 

Q. How long since you had employment?—-A. Since being discharged from 
the Signal Corps of the Army. 

Q. When was that?—xA. The 23d of this month—the 23d of July, I mean to 

say. 


64 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. How liad voii been a ineinber of the Army prior to that time?— 

A. Since July 4, 1917. 

Q. AVhere were you enlisted?—A. Fort Lawton, Wash. 

(}. Have you ever been in Alaska prior to that time?—^A. Yes, sir. 

Q. How long prior to that time?—A. Not just previous to that time. I was 
in Alaska for possibly a year during the last 10 years. 

Q. When?—A. I was at Cordova during the construction of the Copper 
River Road. 

Q. That was in 1907 and 1908?—A. No; in 1909, was when I was there. 

Q. How long did you remain there?—A. I remained there for almost a year 
at that time. 

Q. What were you doing at that time?—A. I was for a time operating a 
commissary for the Katalla Co., and later I was agent for the Copper River & 
Northern Railway at Cordova. 

Q. You enlisted here in Seattle?—A. At Port Lawton. 

Q. Fort Lawton is just outside of the city, or within the city, isn’t it?— 
A. Y^es, sir. 

Q. July 4, 1917?—A. Yes, sir. 

Q. Y"ou hadn’t been in Alaska for eight years?—A. Well, for three years I 
was employed on the Alaska Steamship Co. boat as purser, freight clerk, and 
purser; purser most of the time. 

Q. Running up and down to Alaska?—A. Y’^es, sir; from Kotzebue Sound to 
Ketchikan. 

Q. Y"ou didn’t reside in Alaska?—A. No, sir; I didn’t reside there at any time. 

Q. Where did you reside when you enlisted July 4, 1917?—A. Seattle. 

Q. How long had you resided here at that time?—A. Continuously since the 
spring of 1913, and periodically since 1906. 

Q. Did your family live here in the city of Seattle?—A. I am single; no, sir. 

Q. You have no father or mother; no family of that kind?—A. Not here. 

Q. Wliat business were you engaged in here in Seattle?—A. I was soliciting 
passenger agent for the Northern Pacific Railroad. 

Q. Were you in Alaska November 5, 1918, at the time of election for Delegate 
to Congress?—A. Yes, sir; at Craig. 

Q. How many Signal Corps men were there at that time—A. I was alone. 

Q. You were at that time a soldier in the Regular Army of the United 
States?—A. Yes, sir. 

Q. Regularly enlisted?—A. Y^es, sir. 

Q. And had gone from Fort Lawton to Craig?—^A. No; to Petersburg. 

Q. You had gone to Petersburg first?—A. Yes, sir. 

Q. And then to Craig?—A. Y^es, sir; to Craig. 

Q. When did you leave Alaska?—A. July 11, 1919. 

Q. And were discharged July 23?—A. Yes, sir. 

Q. Does that state now the stations that you were serving in when there in 
Alaska, Petersburg, and Craig?—A. Yes, sir. 

Q. There was no other soldier at Craig but you on November 5, 1918, at the 
election?--A. No. 

Q. You voted at that election?—A. Y^es. 

Q. Are you a Democrat also?—A. No. 

Q. You are not?—A. No. 

Q. Y^ou are not a Socialist?—A. No. 

Q. Are you a Republican?—A. Yes, sir. 

Q. Did you vote for me?—A. Yes, sir. 

Mr. WicKERSHAM. Stand aside; that is sufficient. 

Henry S. Labisky. 

Subscribed and sworn to before me this 6th day of August, A. D. 1919. 

[seal.] Harold H. Hartman, 

Notary Public in and for the State of Washington. 

DEPOSITION OF HARLAN VAN WYCK. 

HARLAN VAN WYCK having been first duly sworn, testified as follows; 

Direct examination by Mr. Wickersham : 

Q. State your name.—A. Harlan Van Wyck. 

Q. You are not engaged in the service of the Army at this time?—A. No, 
sir. 


65 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

(}. When were you discharged?—A. June 19, 1919. 

Q. Where were you discharged?—A. At Fort Lawton, 
i-i. Where were you enlisted?—A. Fort Tiawto'n, 

Q. When?—A. July 28, 1917. 

Q. AVhen did you go to Alaska?—A. August 4, 1917, 

(L Where were you stationed?—A. Valdez. 

CL Have you ever been in Alaska befoi’e?—A. No, sir. 
t}. And all the time that you were in Alaska you were a soldier in the 
Uegular Army?—A. Yes, sir. 

You were there on November .5, 1918, at the time of the election for 
Helegate to Congress?—A. Yes, sir. 

Q. Did you vote at that election?—A. Yes. 

Are you a Democrat?—A. No, sir. 

(L Did you vote for me?—A. No, sir. 

(L Did you vote for the Socialist candidate?—A. I don’t know as I desire 
to tell. 

Q. You are an American citizen, aren’t you?—A. Yes, sir. 

Q. Aren’t you in favor of enforcing the laws of this country?—A. I am. 

Q. Why don’t you do it?—A. I don’t consider it anybody’s business but my 
own. 

Q. You don’t?—A. No, sir. 

Q. If you are put on the witness stand and asked to tell the truth about a 
matter of that kind, don’t you think it is your duty as a good citizen to do it?— 
A. I considered myself qualified to vote, and I voted in Valdez. 

Q. Suppose the law is that you are not qualified, then what?—A. I hap¬ 
pened to see the law that said I was qualified. 

(}. You made a law of your own?—A. I happened to read the law of the 
I'erritory of Alaska. 

Q. You decline to tell whether you voted for the Socialist candidate or not?— 
No, sir. 

(}, You didn’t vote for me?—A. No, sir; I did not. 

(i. And you won’t state whether you voted for the Socialist candidate or 
not?—A. No, sir. 

Q. Will you state whether you voted for the Democratic candidate?—A. No, 
sir. 

Q. You will not?—A. No, sir. 

Q. Haven’t you told several persons that you voted for Cliarles A, Sulzer, 
the Democratic candidate for Delegate to Congress on November 5, 1918?— 
A. I won’t say whether I have, or not? 

Q. Think very carefully.—A. You can’t prove by me whether I did, or not, 

Q. Won’t you state, or don’t you remember?—A. I don’t remember. 

(L You i-ealize that you have been subi>opnaed here by virtue of the laws of 
the United States to testify?—A. Well, I received a subpoena. I guess it was 
legal in every way. 

(J. So far as you know it was?—A. So far as I know; yes, sir. 
ii. Let me inform you that there is a severe penalty for your failure and 
refusal to testify. 

Mr. Leehey. The witness should also be informed that he need not testify 
for whom he voted, if he does not want to. 

Mr. WiCKERSHAM. The witness will be informed by me that the rule is, 
without he was a legal voter, he has no privilege of that kind. 

Mr. Leehey. The witness is entitled to take the position as he does, that he 
was a legal voter, and pleads he is a legal voter, and has the protection sur¬ 
rounding the secret ballot system, provided by the laws of Congress, and of the 
Territor.v of Alaska. 

Mr. WiCKERSHAM. The witness must determine though, whether he is pro¬ 
tected by the law, or not, when he takes that attitude. 

I want to inform you further, :Mr. Van Wyck, that the House of Repre¬ 
sentatives in this case has passed a resolution specifically applying to this 
case, authorizing the parties in this case to take this testimony. The resolution 
is No. 105, passed by the House of Representatives on July 28, 1919, which 
authorized the taking of this testimony specifically, and the statutory law of the 
United States also permits it to be done, and requires it to be done, and 
makes it a crime on your part when you refuse to testify. I want to give 
vou this notice in advance. 

A. I don’t think I am refusing to testify. 

151279—20-5 


66 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Wluit I asked you is if you voted for tlie Socialist candidate Mr. Conolly?— 
A. I said I didn’t care to tell.* 

Q. Do you know how many boys voted the Democratic ticket at that time?— 
A. No, sir; I don’t laiow whether one of them voted it, or not. 

Q. As a matter of fact, you took a good deal of interest in politics in Valdez 
around the Signal Corps oflice at that particular time, did you not?—A. You 
mean the boys at Valdez? 

Q. Yes, sir.—A. No more than any other ordinary election. 

Q. Thej" took a good deal of interest in all elections, didn’t they?—A. I 
was only there for that one election, I believe. I don’t remember whether they 
did at the other elections, or not. 

Q. So you don’t know?—A. No, sir; I don’t know. 

Q. M’here do you live?—A. Seattle, Wash. 

Q. How long have you lived here?—A. 1 was here about 15 or 16 years 
before 1 enlisted in the Army. 

Q. You were discharged when?—A. June 19. 

Q. Of this year?—A. Yes, sir. 

Q. Do you intend to reside here permanently, from this time on, so far 
as you know now?—A. So far as I know now, I guess I do, unless something 
else happens. 

Q. Where did you tell me you enlisted?—A. At Fort Lawton. 

Q. You resided here at that time, previous to your enlistment?—A. Yes, sir. 

Q. iMr. Van Wyck, why don’t you want to testify whom you voted for? 

Mr. Leehey. We object to that question as being improper. 

Q. Don’t you want me to know who you voted for? 

Mr. Leehey. Witness is advised by counsel for the contestee- 

Mr. WiCKERSHAM. I think counsel for the contestee ought to be very careful 
about the advice he is giving to this witness. 

Mr. Leehey. That if he is a legal voter, he is protected by the law providing 
for a secret ballot, and if he is not a legal voter, and voted illegally, he is 
entitled to claim protection on the ground that he need not give testimony 
which might possibly incriminate himself. 

Mr. WiCKERSHAM. Do you advise this witness that the law passed by the 
Legislature of Alaska changing the United States election law is a legal law? 

i\Ir. Leehey. No; I am leaving it to him to determine whether he is a legal 
voter or not, Imt if he is an illegal voter, he is entitled to decline to give evi¬ 
dence which might incriminate himself. 

Mr. WiCKERSHAM. That is a privilege that he can take himself, I presume. 

Mr. Leehey. That is a privilege he can take himself. 

Q. I ask you again, are you declining to testify?—A. Well, like I said before, 
it is my own doings. I went there and voted, and they had a secret place to go 
in there, and mark your ballot, and if I go and tell everybody who I voted for, 
and everybody wants to know, and I tell them, what is the good of the secret 
ballot. 

Q. Suppose it be held by numbers of courts and Congress, that the law which 
you are talking about, which gave you the secret ballot is void, and the Legis¬ 
lature of Alaska had no authority to pass such a law, then what?—A. I under¬ 
stand the election of 1918 was by secret ballot. That is what I voted in that 
election. 

Q. Why don’t you want me to know how you voted? Are you ashamed of 
it?—A. No, sir. 

Q. Why don’t you tell it?—A. I would just as soon tell you who I voted for, 
but I don’t want it to be done as a matter of record. 

Q. Why not?—A. Why not? I don’t care to. 

Q. Tell me how you voted, then?—A. We are to understand to tell how I 
voted now is a matter of record. 

Q. Have you talked to anybody about this matter, about testifying about it?— 
A. I got the notice yesterday afternoon. 

Q. Have you talked to anybody whether or not you ought, or ought not to 
testify?—A. No, sir. 

Q. Y'ou haven’t talked to Tom Donohue?—A. I haven’t seen him for a year. 

Q. Did you talk with Capt. Foust?—A. No, sir. I got this matter yesterday. 

Q. Who did you talk to?—A. Nobody. 

Q. You read the papers in Alaska that a lot of parties up there refused to 
testify?—A. I was there at the time. 

Q. Where were you at the time?—A. At Valdez. This is the second time 
that I have been pulled off to work to testify. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


67 


Q. It is not the last time, without you testify, I will promise you that. 
Didn’t you talk to Tom Doiioliue at the tiuie we had you boys up there before 
to take your testimony?—A. Tom Donohue was in Cordova at that time, I be¬ 
lieve. 

(}. Don’t you know that Tom Donohue was there, and so was Mr. Dimond?— 
A. At the time of that trial? 

Q. Yes, sir.—A. Tom Donohue was not there, sir. 

Q. Sure about that?—A. I am sure. 

Q. Mr. Dimond was his attorney and partner?—A. Mr. Dimond was. 

Q. D’id you talk to him about it?—A. No, sir; I did not. 

Q. But you heard statements that he made before the notary public there?— 
A. Yes, sir. 

Q. You were present?—A. I was. 

(}. And you approved it, or part of it?—A. What Dimond said? 

Yes, sir.—A. Yes, sir; I did. 

Q. He api^ared for you as well as for the other?—A. I presume he appeared 
for me. He appeared for the whole bunch. I didn’t speak to him personally 
al)out it, though. 

Q. You take this sort of attitude, that you voted, and it is important to deter¬ 
mine by certain (piestions relating to good government in Alaska, that we find 
out how you voted, and you won’t tell.—A. Yes, sir; I always took the posi¬ 
tion that I was a legal voter in Alaska at the time I voted, too. 

Q. Suppose it should turn out that you were not, then what?—A. That case 
is different; but I have not seen that yet. 

Q. You want that question tested, is that it?—A. Not necessarily; no. I saw 
the laws of Alaska. I saw what it said about residence there, and I cojnplied 
with it, and I considered myself a legal voter. 

Do you consider a soldier in the Kegular Army of the United States who 
enlisted hi the State of Washington, who had never been in Alaska before, and 
during his term of his lieing in Alaska was a soldier in the Regular Army of 
the United States was a legal voter in Alaska?—A. I don’t see why a soldier 
loses his citizenship when he works for Uncle Sam. 

(J. I ask you the question, do you think a man of that kind is a legal voter 
in Alaska?—A. Yes, .sir; I do. 

Q. Don’t you know that the House of Representatives has held in a former 
case that you, and men under these identical circumstances, were not legal 
voters in Alaska, don’t you know that?—A. No, sir; I do not. 

Mr. Leehey. Has the House of Representatives specifically so held? 

Mr. WiCKEKSHAM. It has so held. 

:\Ir. Leehey. I knew you raised the point in the contest. I didn’t know that 
was it. 

Mr. WiCKEKSHAM. I think you ought to read it fully. 

Mr. Leehey. I dont’ care to advise him personally. If he has voted illegally, 
he can decline to give evidence that might incriminate himself. He has got 
that right, of which I am very positive. 

Mr. WiCKEKSHAM. Nobody threatens these boys with any sort of prosecution 
for having voted for Charles Sulzer. He has admitted that he voted. That is 
the crime, if any crime has been committed. I am not making any point on 
that. 

The Witness. Why wasn’t my vote challenged at the election? 

Mr. WiCKEKSHAM." I didn’t intend to make any challenge to that particular 
part of it, because I could not accomplish anything if I did, with the force sur¬ 
rounding the administration of justice in Alaska. 

Have you talked to Capt. Foust, or any of the men there at Valdez, before 
vou voted last fall?—A. About the way to vote? 

Q. No; about your voting?—A. No, sir; I never. 

Q. There was no talk about whether the boys would vote, or could vote, or 
anything of that kind, before you voted?—A. I don’t know whether there was 
or "not. There might have been, I wasn’t at the polls all the time. 

Q. Do you remember having any conversntion of that kind, al)Out the point, 
whether you would vote, or could" vote, or ought to vote?—A. It was like any 
election, a person always asks you to go and vote. 

Q. You spoke of looking at the law?—A. Yes, sir. 

Who showed them to you?—A. I don’t know who it was now. PIver since 
I have been in Alaska, since that contest of the other election in 1916, there 
is always a question of legality of soldiers’ votes coming up. 


68 


WICKERSHAM VS. SULZEK, DECEASED, AND GRIGSBY. 


Q. You knew that?—A. Yes, sir; I knew that, and satisfied myself. I don’t 
know where it was now, but I saw the compiled laws of Alaska, or some laws 
up there 1 saw. 

Q. Who exhibited those laws to you?—A. I don’t know who did it. 

Q. Did Capt. Foust do it?—A. No, sir; Capt. Foust didn’t do it. Capt. Foust 
never spoke a word to me about the election. 

Q. Did anybody around the cable office do it?—A. I don’t know. I was room¬ 
ing in the same place Mr. Noaks was, and I had access to his books there. 

Q. Did Mr. Noaks?—A. No, sir; Mr. Noaks didn’t do it. 

Who did it?—A. I looked it up myself in his books. 

Q. Are you a lawyer?—A. No, sir; but I can read English. 

Q. Have you ever studied law?—A. Only what commercial law I studied at 
high school. 

ty Now, Mr. Van Wyck, I think you ought to stand aside awhile and look 
into this matter, and be careful about what you do.—A. I am. 

O. You don’t want to stand aside and take any time about it?—A. What do 
j^ou mean by take time? 

Q. Take time whether you are going to testify.—A. You mean this morning? 

Q. Yes, sir.—A. lake I said before, I considered myself a legal voter, and 
I voted under the secret ballot. 

Q. Let me be frank ‘with you now, because I don’t want to take any ad¬ 
vantage of you. The House of Representatives has held that a soldier who 
is enlisted in the United States Army out in the States, and who has beep 
ordered into Alaska by his superior officer, does not become a legal voter in 
the Territory of Alaska while he remains in the Army under that enlistment, 
although he may remain there in the Territory more than one year, and in the 
precinct more than 30 days prior to the date of the election, and if he votes, 
his vote is illegal, and will be cast out on the contest.—A. That is what the 
House of Representatives said? 

Q. Yes, sir. That is, the House of Representatives, acting under its con¬ 
stitutional authority to determine the validity of elections. I give you that 
fair warning. I don’t want any advantage taken of you at all.—A. I am not 
exactly sure though, but I believe the Constitution of the United States gives 
a man a right to vote, and to vote the way he pleases. I don’t know about 
the secret ballot, but I think it is there. 

Q. Mr. Van Wyck, I think you are getting very much mixed up on that, and 
very far away from the true situation. You are only asked to state whether 
you voted for Mr. Connolly on that.—A. If I say whether or not I voted for 
Mr. Connolly, it is very easy to show who I voted for then. 

(f That is exactly what I want.—A. I know it is. 

Q. And you don’t want to let me know what I want, do you?—A. Not as a 
matter of record; no, sir. 

Q. Why?—A. As I said before, I stand on my rights when I voted up there, 
on a secret ballot. 

]VIr. Leehey. Does this resolution 105, to which you referred, undertake to 
require a witness to tell for whom he voted? 

Mr. WiCKHEESHAM. No. 

Mr. Leehey. As a matter of fact, wasn’t it originally so provided, and didn’t 
you have that stricken out? 

Mr. WiCKHEESHAM. It was. 

Mr. Leehey. It simply requires them to testify under the law, it does not 
require them to tell who they voted for. 

IMr. WicKEESHAM. Just as the law requires, that is all. 

The Witness. What was this you were trying to tell me, “ according to the 
rulings of the House of Representatives ” I had to tell who I voted for? 

Mr. WiCKEESHAM. I didn’t say that. 

The Witness. That is the impression I got from what you said. 

Mr. WICKEESHAM. What I said was that under the laws of the United States 
you were put on the witness stand to tell the truth about this matter, and it 
is your duty to tell it. 

A. I haven’t told a lie yet. 

^ Mr. WICKEESHAM. No, you haven’t, but you haven’t told the whole truth. 
You swore that you would tell the truth, the whole truth, and nothing but the 
truth. 

A. If you don’t tell a lie, you are telling the truth. 

Mr. WicKEESHAM. But you know you simply haven’t told it, that is all. 

A. Under what law are you aoing to try to make me tell this, then? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


69 


Mr. WiCKERSHAM. I (loii’t waiit to ar^?iie it with yon. It would not be quite 
fair. All I want you to do is to tell the truth, the whole truth, and nothing 
but the truth, as you said you would. 

Q. I ask you if you voted for Mr. Connolly the Socialist candidate for Dele¬ 
gate to Congress on November 5, at the election in Alaska.—A. I have already 
answered that. 

Q. No, sir; you haven’t.—A. I said I didn’t care to tell whether I voted for 
him, or not. 

Q. I know you said that. I stated what the rule is laid down by Congress 
in this matter.—A. Yes, sir ; that we had to testify in this election contest. 

(>. I said that the House of Representatives held by its committee, unani¬ 
mous, and the House of Representatives adopted the report by a legal majority, 
and it became the law that a soldier who enlisted in the Army of the Unitecl 
States outside of Alaska, and was there, ordered into the Territory of Alaska 
by his superior officers, though he remained there more than one year, and 
more than 30 days in the precinct, it didn’t, as a matter of law, make him a 
legal voter in the Territory while he was in that condition. I advise you of 
that ruling of the House of Representatives in these matters, and you are sub¬ 
ject to a penalty for refusing to testify.—A. According to the ruling, was the 
election law of Alaska null and void, then? 

Q. No; the election law is not null and void; but you never became a resi¬ 
dent of Alaska. 

Mr. Lkehey. That is according to your construction of it. 

IMr. WicHEKSHAM. No; according to the construction of the committee. 

IMr. Leehey. Suppose a witness intended to make his residence in Alaska, 
bona tidely intended. 

Mr. WiCKERSHAM. That was fully argued to the committee. 

Mr. Leehey. You know better than I do, because I haven’t followed that up; 
I don’t know. I can hardly conceive, if a man was living at a place, and em- 
idoyed by tbe Army, and actually in good faith intended to make it his resi¬ 
dence, and so testirted, that Congress would hold that it wasn’t his residence. 
It may have done so. I am not certain what Congress held. 

Mr. WiCKERSHAM. You haven’t stated it correctly. 

The Witness. Am I to take your word that Congiess said that? 

Mr. WiCKERSHAM. No, sir; you don’t have to take my word for anything if 
you don’t want to. 

Now, IMr. Leehey, I call your attention to the repoid of the committee on 
election, in the Sixty-tifth Congress on the matter of the contest of Wicker- 
sham against Sulzer, being House Report No. 839, Sixty-fifth Congress, third 
session, and call your especial attention to that part of the report, under the 
liead of “ Soldier vote,” where the ruling is laid down by the committee as I 
have stated [report handed to IMr. Leehey 1. 

(}. Of course, IVii*. Van Wyck, you understand that if you evade the answer¬ 
ing of these questions, and refuse to tell whether you voted for Mr. Sulzer, or 
not, it is a gain of one vote for Mr. Sulzer, don’t you? 

Mr. Leehey. We object to that as being an imi)roper assumption. It is not 
necessarily a gain of one vote for IMr. Sulzer, whether he knows that. 

The Witness. I might have voted for IMr. Conolly. It would be a vote for 
him then. 

(}. Rut you won’t tell, will you? 

Mr. Leehey. He may have voted for a whole lot of other people. The mere 
fact that there were three candidates would not prevent him from voting for 
somebody else. 

Q. Mr. Van Wyck, did you vote for anybody else than either Mr. Conolly, Mr. 
Sulzer, or myself, at that election?—A. No, sir; I did not. 

Q. Do you feel very proud of being an American citizen, and sitting on the 
witness stand, sworn to tell the truth, the whole truth, and nothing but the 
truth, and refusing to tell how you voted at an election under the circum¬ 
stances? Do you think that is a part of a good citizen?—A. .Well, I do, when 
I don’t know as anybody has a right to try to And out. 

Q. You have been very much opposed to me in the election, haven’t you?— 
A. Very much opposed to you? 

Q. Yes, sir.—A. Well, if you want to know, I have personally; yes, sir. 

Q. Most of the boys around the station at Valdez were opposed to me, 
weren’t they?—A. I don’t know. 

Q. Don’t you know?—A. I don’t know. 


70 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. You never heard them say anythinj? about it?—A, I might have heard 
tliem say. 

(}. You boarded witli Mr. Noaks?—A. I roomed at the same house he did. 

Q. You know tliat Mr. Noaks was around making arguments against me?— 
A. No. 

(}. Don’t you know that he was appointed to a Democratic office as a reward 
for the work he did in tliat connection?—A. I know he was appointed commis¬ 
sioner. 

Q. By whom?—A. I don’t know. 

Q. Don’t you know that he was appointed by Judge Brown?—A. No, sir. 

Q. That is, don’t you know it was done at the request of Mr. Donohue, the 
Democratic committeeman?—A. No, sir. 

Q. Don’t you know that Mr. Donohue has built an office for him at Cordova, 
and Donohue is going to occupy one part of it, and Noaks the other?—A. No, sir. 
I knew he was building a house. 

Q. Don’t you know that Noaks ^^as to occupy one-half of it?—A. Yes, sir. 

Q. r)on’t you know he is a good friend of Donohue and Dimond?—A. I know 
that he knows them. 

Q. And you are a good friend of theirs?—A. I would not say th.at I was a 
good friend. I know them to say “ hello ” when I pass them on the street, in 
a business way; that is all. 

Q. Yh)u didn’t vote for me, did you?—A. I think I stated so, I didn’t. 

Q. And you did all you could against me at the election?—A. One vote. 

Q. Didn’t you talk against me?—A. No, sir; I never talked against you at 
all. 

Q. You didn’t?—A. No, sir. 

Q. But you boarded with Mr. Noaks.—A. I roomed in the same rooming 
house. 

Q. And he was out fighting me; don’t you know that?—A. I l)elieve he 
I don’t know what he was doing though. 

Mr. WiCKERSHAM. I aiii waiting, Mr. Leehey, for you to read that, to .see if 
I stated the law correctly to this witness. 

Q. ]\Ir. Van Wick, don’t you know, as a matter of fact, that all these boys 
over there had been instructed by Tom Donohue and iNIr. Dimond to refuse to 
testify that they voted for Mr. Sulzer?—A. At the hearing in Valdez there? 

Q. In May.—A. Whenever it was, April or May. 

Q. In April; it was in April.—A. INIr. Dimond got up and he read the law of 
Alaska, the different parts that apply to the men there, and he instructed, just 
like Mr, Leehey did here, that they didn’t have to testify unless they wanted 
to. That is all there was to it. 

Q. And he did that, because INIr. Dimond was there looking after Mr. Sulzer’s 
interest, and was trying to keep the boys from testifying that they had voted 
for Mr. Sulzer, isn’t that true?—A. I don’t know what Mr, Dimond’s inten¬ 
tions were, I hadn’t seen INIr. Dimond previous to the time he was in the court¬ 
room there. 

Q. But that was the effect of it, to keep them from testifying, wasn’t it?—A. 
He didn’t tell them not to testify. 

Q. Listen; that was the effect of it.—A. No, sir; he said they didn’t have to 
testify. 

Q. Be careful, because that is in print, and under oath in the record.—A, I 
mean, he didn’t say not to testify, but that we didn’t have to tell. 

Q. And you are not going to tell?—A. I didn’t tell them, 

Q. I ask you the question again, if at that election, November 5, 1918. you 
voted for Mr. Conolly for Delegate to Congress from Alaska?—A. I think my 
answer will be the same, unless you can show that I have to tell. 

Q. But you did vote, didn’t you?—A. Yes, sir; I voted. 

Q. Now, INIr. \i\n Wyck, I want to read you the law in relation to this 
particular refusal on your part to testify after being sworn to do so. I read 
you section 116, of the United States Revised Statutes. Mr. Le. hey, I call 
your attention to it, too [reading statute as follows] ; 

“ Any person who, having been summoned in the manner above directed, 
refuses, or neglects to attend and testify, unless prevented by sickness or 
unavoidable necessity, shall forfeit the sum of $20, to be recovered with costs 
of suit, by the party at whose instance the subpoena was issued, and for his use, 
by an action of debt, to any court of the United States; and shall also be 
liable to an indictment for a misdemeanor, and punished by fine and imprison¬ 
ment.” 


71 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. That is the law of the Ignited States with respect to this particular refusal 
on your part to testify, and I call that to your attentiou in the presence of 
your attorney, Maurice D. Leehey. 

^Ir. Leehey. I don’t appear as attorney for Mr. Van Wyck. I am appearing 
in behalf of the contestee. 

A. A\ here does that cover me? I haven’t refused to testify. 

Mr. Leehey. The witness, if he wants to, can doubtless he asked to he ex¬ 
cused until a further time. 

Witness. Oh, it don’t make any difference anywav. I voted for Mr. Sulzer. 

Q. You voted for Charles A. Sulzer?—A. I did. 

Q. On November 5, 1918?—A. I did. 

Q. At the election at Valdez. Alaska?—A. Yes, sir. 

Q. You voted for him for Delegate in Congress in Alaska?—A. Yes, sir; I did. 

Harlan Van Wyck. 

Subscribed and sworn to before me this 6 day of August, A. D. 1919. 

[ seal.] Harold H. Hartman, 

Notary Piihtic in and for the i^tate of Washington. 

DEPOSITION OF MAX H. FAUST. 

MAX H. FAUST, haviiig'heen first duly sworn, testirted as follows: 

Direct examination by ]Mr. Wickersham : 

Q. Captain Faust, what is your present occupation ?—A. I am a soldier in the 
United States Army. 

Q. How long have you been a .soldier in the United States Army?—A. Twenty 
years. 

Q. When were you first ordered to Alaska as a soldier in the United States 
Army?—A. In 1908. 

Q. And have been a soldier in the United States Army at all times since 
your going to Alaska in 1908?—A. I have. 

Q. When did you leave Alaska to come to Seattle?—A. Well. I left Alaska 
several times during this period. 

Q. I am speaking of this particular time.—A. .Inly 25, 1919. 

Q. What is the purpose of your coming here now?—A. I am ordered to Camp 
Lewis. 

Q. For what purpose?—A. For orders. 

Q. Are you ordered there to be discharged from the United States Army?— 
A. Probably. 

Q. Certainly.—A. It is indefinite .vet. 

Q. It is indefinite?—A. Y’'es. 

Q. You have been a member of the United States Signal Corps at all times 
in Alaska?—A. I have. 

Q. And are yet?—A. I am. 

Q. You have been stationed at Valdez most of the time, have you not?—A. 
No; my last duty at Valdez is since April 18, 1914. 

Q. Were you at Valdez November 5, 1918, at the time of the general election 
for Congress on that date?—A. I was. 

(L r>i<l yf>n vote on that date?—A. I did. 

(}. Did you vote for Charles xV. Sulzer for Delegate to Congress?—A. I did. 

Q. Where were you enlisted in the Army of the United States?—A. I am 
iKd enlisted; I am appointed. 

Q. I asked where you were enlisted in the fir.st instance?—.\. ^ly original 
enlistment? 

Q. Ye.s, sir.—A. In New York City. 

Q. That was your home at that time?—A. Yes. 

Q. Had you ever been in Alaska before that time?—A. Before my oilginal 
enlistment? 

Q. Yes, sir.—A. No, sir. 

Q. You have lieen an officer and soldier in the United States Army ever 
since that original enlistment in New York City?—A. Except for a period of 
eight months. 

Q. When was that?—x\. 1902 to 1903. I also enlisted in Alaska. I claim 
Alaska as my residence. I wish to make a statement that I enlisted in xVlaska, 
was appointed in Alaska, my family lives in xVlaska, and I claim Alaska as my 
residence. 


72 


WI0KP:ESHAM vs. STTLZER, deceased, and GRIGSBY. 


(}. But althougii during the period of your eulistiuent in the Army of the 
United States as a rej^ular soldier?—A. Yes, sir. 

Cross-examination by INIr. Lp:ehey : 

Q. How lonj; prior to the election in November, 1918, had you been in Alaska 
continuously?—A. Continuously, or on and off? 

• Q. I mean at that particular time at Valdez?—A. Five years. 

Q. All that period at Valdez?—A. Yes, sir. 

(). When did the i)articular service by appointment or enlistment under 
which you wei’e serving? at the time of the election in 1918 begin?—A. My 
appointment that 1 was serving under at that time began on May 17, 1917. 

(}. At what place were ,vou a resident on May 17, 1917?—A. At Valdez, 
Alaska, 

Q. You are married?—A. Yes. 

Q. Had your family with you at Valdez at that time?—A. Yes. 

Q. And claim Valdez your residence at that particular time?—A. Yes, sir. 

Q. At the time when you were appointed to the particular service which you 
were holding, in November, 1918?—A. I do. 

Q. Had you changed your residence in the meantime?—A. I had not. 

Q. Where did you intend to claim your residence in November, 1918?—A. Val¬ 
dez, Alaska. 

Q. Where did you intend to claim your residence at the time when you were 
fippointed for that particular service in the Army, in which you were engaged?— 
A, Valdez, Alaska. 

Q. That is where you were commissioned in May, 1917, I believe you said?— 
A. Yes, sir, 

Q. What had you been doing prior to May, 1917?—A. I had been an enlisted 
man in the United States Army. 

Q. And that enlistment exi>ired, or were you discharged?—A. I was dis¬ 
charged in Valdez, Alaska, on May 16, 1917. 

Q. When were you then rea])pointed?—A, I was then appointed on IMay 17, as 
a commissioned officer in the United States Army. 

Q. And this ]May 17, when you were appointed, is the date to which you 
referred in resi)onse to my question as to where you were a resident at the 
time of your appointment?—A. Yes, sir. 

Q. I believe you stated that your family was with you at Valdez at that 
time?—A. Yes, sir; they were. 

(). So yf)u were appointed from Valdez, Alaska?—A. Yes, sir. 

Redirect examination by INIr. Wickf3isham ; 

(}. You have been under orders of your superior officer at all times, haven’t 
you?—A. All men in the Army are under onlers, subject to orders. 

Q. If you had been ordered to Nome, you would have gone there?—A. IMost 
decidedly. 

(}. If you had been ordered to any place in the Philippines, or anywhere in 
the service, you would have gone there?—A. I personally would have gone, but 
would not have taken my family along. 

(). I didn’t ask you that. Why are you so anxious to put that in?—A. Be¬ 
cause, Judge Wickersham, you are trying to obtain evidence to which you are 
not entitled. 

Q. Why?—A. Because you are trying to prove it was illegal—that I had no 
right to vote. 

Q. I am offering to prove; I am trying to prove the facts,—A. Exactly, and I 
intend that the facts should be known, and that the facts should not have a 
different meaning. 

Q. You have taken a good deal of interest in politics there, haven’t you?— 
A. No, sir; absolutely no. 

Q. \h)u voted at every election?—A. No, sir. 

Q. You voted at the primary election in INIay, prior to the November general 
election, didn’t you?—A. I don’t think I did. 

Q. Are you sure of that?—A. I am not positive, but I don’t think I did. 

Q. If the record of that primary election has your name there as a voter, you 
voted?—A. Presumably. I am not certain whether I voteil. 

(}. You vote the Democratic ticket?—A. Some times I vote the Democratic 
ticket, and some times I don’t. I have no party politics. 

Q. But you didn’t vote for me?—A. In which election? 


WICKEPvSHAM VS. SULZER, DECEASED, AND GRIGSBY. 73 

• 

(>. In 1018.—A. In the 1918 election, no, sir. I stated that I voted for Charles 
Sidzer. I could not have voted for you. 

Q. Yon know IVIr. Noaks?—A. Yes, sir. 

Q. What was his occupation?—A. Cashier of the Valdez cable office. 

He was an eidisted soldier?—A. Yes, sir; he was. 

(.}. There were 15 or IG men, maybe, in that office?—A. There are twenty-odd 
men stationed at Valdez. 

Q, How lonj? have those men been there?—A. For various periods averaging 
from one to five years. 

Q. They change frequently, don’t they. Captain?—A. Depending on circum¬ 
stances and the requirements of the service. 

Q. Sometimes they are frequently being discharged and sent out of Alaska, 
and new men brought in to take their places?—A. Yes, sir. 

Q. And the new men who come in are members of the Regular Array of the 
Cnitcd States?—A. Yes, sir. 

And those who go out are sometimes discharged, and sometimes sent into 
t,>ther service in other States?—A. Yes, sir. 

There is no certainty that a man is going to remain at any place when 
he is sent in there as a member of the Signal Corps, is there?—A, No, sir; not 
positive. He may express his desire to remain there, and the desire be granted. 

(>. His superior officers determine that?—A. Determine the circumstances, 
certainly ; yes. 

Q. If they want him to remain there, they grant his request, and let him 
stay, and if they don’t, they send him soihewhere else?—A. If we consider that 
his personal request, and desire, will not be in conflict with the best interests 
of the service we usually grant the request. 

Q. It depends on the judgment of the superior officer at all times, doesn’t 
it?—A. As a rule. 

Q, At all times, doesn’t it?—A. Well, no. 

(}. Do you think that the superior officer does not exercise his judgment in 
the matter at all times?—A. Eventually, the highest authority, of course, is the 
one that exercises his authority. 

Q. I am not speaking of the superior officer; I am not mentioning any par¬ 
ticular one, but the superior officer has control of the location of all these 
men in Alaska, doesn’t he?—A. Absolutely. 

(j. So they have no residence in Alaska separate and apart from the orders 
of the superior officer?—A. I can’t answer as to that. 

Q. Why can’t you answer?—A. Bec'ause their residence is entirely up to them. 
They can live where they choose. 

Q. AVithout regards to the superior officer?—A. Absolutely, without regard 
to the superior officer. 

(), Do you mean to say that you can continue to live in Valdez, although 
your sui>erior officer orders you to come to Seattle? 

Mr. Leehey. That is just exactly what you argued yourself, that a man’s 
residence, where one is established, remains. 

Mr. AATckersham. You know this witness is hostile. 

The AA'ttness. T object to that. I am not hostile. 

Q. I asked you the question, if you don’t know that the rule is that no man 
in tlie service'of the Signal Corps in Alaska can have a residence at any place, 
('xcept upon the orders of the superior officer?—A. No, sir; I don’t. 

Q. Tell us why not?—A. Because he can choose to live where he pleases, as 
long as he has jinswered his call of duty, he can live anywhere he wants to. 

Q. As officer in the ITnited States Army, do you want it to go into this 
record that an enlisted man can live wherever he chooses in Alaska, and have 
his residence there, without regard to orders of the superior officer?—A. If it 
does not come in conflict with his duty, he can. 

Q. Although his sui)erior officer may order him to go to Nome, or Fairbanks, 
he can continue to reside in A"aldez?--A. AATiit a minute, that is not what 
you asked me. A man is subject to orders, absolutely, at all times, but does 
not need to change his residence on account of those orders. He can go him¬ 
self and obev those orders, but he need not take his family. 

Q. Suppose he has no fainily.—A. Naturally then, he can’t take them. 

Q. His location can be changed at any moment?—A. Absolutely. 

His familv can go to New York City if they want to?—A. They can. 

(). Or remain in A^aldez?—A. The family can do as they please, absolutely. 

c}. I am not talking about the family.—A. Y^ou are speaking about the resi¬ 
dence, and not about the man himself, or about his duty. 


74 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. I asked yon about the soldier himself, and not ids family. I know the 
rnle a))ont tliat as well as yon do.—A. Yon are tryinj? to ^et it a ronml about 
way. Ask me the question point blank, just what yon want to know, and I 
will answer the question absolutely, and truthfully, without any evasion what¬ 
soever. 

Q. Listen until I can ask it. I asked you as a captain and olllcer in the 
United States Army in charge of the cable force over at Valdez, from Valdez 
to Fairbanks, or what other duty you performed as captain of the Signal 
Corps Service of the United States Army at Alaska, if you don’t know the rule 
to be that a soldier in the United States Army, who has served in the Signal 
Corps Service in Alaska, is subject to the commands of his superior officer, 
with respect to his original location and residence in the Territory of Alaska?— 
A. He is. That is not what I was asked. 

Q. Yes you were.—A. You were asking me about his residence. 

Recross-examination l)y Mr. Leehey : 

(}. Were you subject to the orders of any superior officer in the Army during 
the period following your discharge from May 10, 1917, and prior to your 
appointment on May 17, 1917?—A. I was not. 

Q. Where was your residence at that time?—A. Valdez, Alaska. 

Q. Where were you personjdly, at that time? A. Valdez, Alaska. 

Q. Where was your family?—^A. Valdez, Alaska. 

(y Where were y(ni living with reference to the local situation ; Did you have 
a house, or were you living in a hotel?—A. I was living in a residence at Valdez, 
Alaska. 

By IMr. Wickeksham : 

Q. You were w<u-king on a reservation for the Government as an officer in 
the Regular Army of the United States?—A. I was. 

Q. You mean after May 17?—A. Yes. sir; before also. 

By Mr. Wickeksham : 

Q. Your service was continuous?—A. Yes, sir. 

By Mr. Leehey : 

Q. I believe you stated you were discharged INIay 17?—A. Discharged May 
16, and appointed May 17. 

Q. Discharged as an enlisted man?—A. Yes, sir. 

Q. You were not an officer until May, 1917?—A. No, sir. 

Q. Did you take any part, discuss with any of the men, the election, or take 

any part in the political campaign leading to the election on November 5, 

1918?—A. I did not. 

Q. Did you, as a matter of fact, talk with any of your men, or know any¬ 
thing of their political convictions?—A, I did not. 

(y Did you ever vote in Alaska iirior to 1918?—A. I did. 

Q. Did you ever vote for Judge Wickersham?—A. I did. 

Q. When?—A. I don't recall the year, but it seems to me it was in an eleC' 
tion held at Seward, Alaska. 

Q. You mean it was an election held v.diile you were stationed at Seward?— 
A. Yes. sir. 

Q. Was it in 1916?—A. No; it must have l)een either 1910, or 1912, I think it 
was. 

By Mr. Wickersham ; 

Q. (kaptain, the men took a good deal of interest in politics, didn’t they?— 
A. Not particularly. 

Q. They all got out and voted?—A. I can't say as to how many of them got 
out and voted, but I see from the records of the men subpcemed, that the 
majority of them evidently did. 

Q. Didn't all of them vote?—-A. I don’t think all of them voted. 

(y At Valdez, I mean.—A. I don’t think so. 

Q. Your wife was there with you?—A. She was. 

Q. Do you remember whclhei’ she voted for IMr. Sulzer, or not?—A. No, sir; 
1 don’t. 

Q. She never told you anything about that?—A. No, sir; we never discussed 
that. 

Q. Dont' you know whether she voted for IMr. Sulzer, or not?—A. No, sir. 

Q. Not from anything she said?—A. No. 


75 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. r>()n’t you know that the men there all have been represented in these 
proeeedinjjs in April, hy ]Mr. Donohue, or Mr. Diinond?—A. Yes, sir; I do. 

Q. Mr. I)iiiiond is Tom Donohue’s partner?—A. So I presume. 

Q. The tirm is Donohue & Dimond?—A. Yes, sir. 

Q. Tom Donohue is Democratic national committeeman there?—A. So I 
understand. 

Q. Were you present at the time Mr. Dimond made statements before the 
notary public at that time?—A. Yes, sir. 

Q. You heard him say to the men not to testify, repeatedly, not to testify, 
didn’t you, at that time; that we had no authority to take their testimony?^—-A. 
I remember him sayinj^ that he didn’t think that you had any authority and 
requested that you produce some authority for the taking of the testimony ; but 
I can not recall whether he told them not to testify or not. 

By Mr. Leehky : 

Q. That was when? Give the date of the particular instance to which you 
are now testifying, approximately the date.—A. In IVIay, 1919. 

Q. It was either April or ^Nlay, I don’t know which. I thought it was April.— 
A. It must have been in iNIay, because I didn’t return to Valdez, after having 
made a trip to San Francisco, until INIay. 

By Mr. Wickersham : 

Q. Do you know whether any of the boys there were opposed to me or not 
at the election on November 5, 1918?—A. I can’t recall any particular in¬ 
stance. I have always made it my business not to have anything to do with 
my men so far as relates to their political feelings or discussions. I have never 
discussed politics with any of my men. 

Q. Do you know whether Mr, Noaks took a very great interest in the elec¬ 
tion or not?—A. I don’t know as he took any more interest than the average 
man, but I can’t say. 

Q. Do you know that he si)ent the whole election day, November 5, 1918, at 
the polls working for INIr. Sulzer?—A. I know positively that he could not have 
done so. 

Q. Do you know that he has since been appointed United States commis¬ 
sioner by Judge Brown at Cordova?—A. I know that he was appointed United 
States commissioner by .Tudge Brown ; yes, sir, 

Q. Soon afer he was discharged from the Army?—A, I think immediately 
after he was discharged. 

Q. Don’t you know, as a matter of fact, he was promised the place before he 
was discharged?—A. Yes, sir; I do. I think the understanding was if he could 
get his discharge from the Army that he would be given this appointment. 

Q. And he got it and was appointed?—A, Y^es, sir. He is commissioner now. 

Q. Do you know what Donohue A Dimond had to do with that appoint¬ 
ment?—A. No, sir; I do not. 

Q. Yhm gave no attention to that?—A. Absolutely not. 

Q. Now, we tried to get testimony taken in Fairbanks two years ago in the 
other contest; you had a great deal to do with that?—A. Absolutely nothing. 

Q. The boys over thei’e testified that they refused to testify because they 
had instructions from their superior ofticer, Lieut. Max H. Faust, not to 
testify?—A. I think Judge Wickersham is entirely mistaken on that. 

Q. I was not there; I am referring to the record.—A. I am referring to the 
records, too. And you have made this statement, or your representatives made 
the statement, that my men refused to testify because they were acting under 
orders from their superior officer, which was absolutely false. The men at 
Fairbanks, Alaska, telegraphed to me and told me that they were subpoened to 
give testimony in a contest and requested information as to whether or not 
they were required to appear. I answered them and told them that I had no 
jurisdiction in the matter whatsoever and suggested that they consult the 
district attorney as to what they had to do and wliat they didn’t have to do and 
be guided entirely by his advise. Further than that I have had absolutely 
nothing to do with the matter. 

Q. And you think they did that?—A. I don’t know. 

Q, Y"ou knew, then, that the district attorney had evolved this brilliant 
theory of voting all the l)oys l)ecause they were going to vote the Democratic 
ticket over there at Fairbanks, and that he was a Democratic himself?—A. I 
did not; I don’t know to-day who the district attorney was. 


76 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you object to waiting until I get through with iny question?—A. No; 

I do not. , 

Q. Do you know that Mv. Ruth was district attorney over there then, don t 
you?—A. I am not certain; I think it was Mr. Ruth. I think that sounds like 
the name. 

Q. You know that he was appointed by 1‘resident Wilson as a Democrat/ 

A. I don’t know. , 

Q. You don’t know that he had given the information to the captain at Gib¬ 
bon, that all the men could vote who had been in the Territory a year, and in 
the precinct 30 days?—A. I did not know it at th.at time. I had since read 
something in the records about it, and the judge gave me a copy of a Congres¬ 
sional Record or something in which the thing was referred to. 

By Mr. Leehey : 

Q. This Mr. Noaks was a soldier employed in the cable service, has becm 
studying law in the office of Donohue & Dimond the last couple of years, hasn’t 
he?—A. Yes, sir. 

Q. During odd hours?—A. Yes, sir. 

Q. And he has been admitted to the bar?—A. Yes, sir. 

Q. During his service in the calile office he was studying law with a view to 
admission to the bar and to practicing law in Alaska, was he not?—A. Yes, sir. 

Q. And Mr. Donohue is the Democratic national committeeman?—A. So far 
as I know; yes. 

Q. And he was appointed to this office before he resigned, or immediately 
afterwards?—A. Afterwards; yes, sir. 

M. H. Faust. 

Subscribed and sworn to before me this 6th day of August, A. D. 1919. 

[seal.] Harold H. Hartman, 

Notary Public in and for the State of Wasliinyto7i. 

DEPOSITION OF PRESTON H. NASH. 

PRESTON H. NASH, having been first duly sworn, testified as follows: 

Direct examination by Mr. Wickersham : 

Q. State your name.—A. Preston H. Nash. 

Q. How old are you?—A. Forty-five. 

Q. Where is your residence now?—A. AVell, I am at present residing in 
Seattle. 

Q. How long have you been here?—A. I came down here about the 1st of 
June. 

Q. Where did you come from?—A. From Bristol Bay, Alaska. 

Q. How long had you resided out on Bristol Bay, Alaska?—A. Well, I re¬ 
sided in Bristol Bay, and the rivers emptying into it, for six years. 

Q. Are you a citizen of the United States?—A. Yes, sir. 

Q. And a married man?—A. Yes. 

Did your family reside out there with you?-—A. Yes, sir. 

Q. What business were you engaged in at that time?—A. I was teaching 
Government school. 

Q. How long did you teach school out there?—A. I taught school in Bristol 
Bay and vicinity there six years! 

Q. Under what authority?—A. Under the Bureau of Education of Alaska 
schools. 

Q. Where did you reside on Bristol Bay on November 5, 1918, at the time of 
the general election?—A. At a place called Chogiung, but the post office is Dill¬ 
ingham. 

Q. How far are Dillingham and Chogiung apart?—A. They are not apart. 
Dillingham is a little place, about 4 miles below, and they change the post office 
up to Chogiung and called it Dillingham. 

Q. So that the post office at Chogiung is called Dillingham'?—A. Yes, sir; 
the post office at Chogiung is called Dillingham. They didn’t change the name 
of the post office when they moved it fo the lower place. 

Q. Sometimes you have your mail addressed to Chogiung and sometimes to 
Dillingham?—A. It is the same place. 

Q. How far is that from the Nushagak polling precinct?—A. Diagonally, I 
presume it would be 8 or 9 miles. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


77 


Q. Where do they hold elections in the Nnshagak voting precinct?—A. I 
think in the schoolhonse there at Nushagak, either in the schoolhonse or store, 
some place; I think generally in the schoolhonse. 

Q. In what com'inissioner’s district is the Nushagak voting precinct in?— 
A. Dr. L. H. French’s. 

Q. I>r. L. H. French, he was the commissioner?—A. Yes, sir. 

Q. What is the commissioner’s district called; is it called the Dillingham dis¬ 
trict or the Choginng district?—A. I think it is called the Dillingham district. 

Q. The recording district?—A. I think so. 

Q. How many voting precincts are there in the Dillingham recording dis¬ 
trict?—A. Two that I know of; Choginng, where I live, and across at Nushagak. 

Q. Those two precincts are in the Dillingham commissioner’s district, and 
I>r. L. H. French was the commissioner?—A. Yes, sir. 

Q. How long had he been commissioner prior to November 5, 1918?—A. 
Really, I don’t know. I think he had been commissioner probably six or seven 
years. I would not he positive; hut it has been a long time there, except one 
winter he went out on a vacation, and. I think, appointed another commissioner, 
and when he came hack, he took it back again. 

Q. He was commissioner during the year 1918?—A. Oh, yes, sir. 

Q. He had charge of the laying out of the polling precinct in that recording 
district for the election of November 5, 1918?—A. Yes, sir. 

And the appointment of election otticers under the law?—A. Yes, sir. 

Q. Do you know what he did in the way of making those two voting pre¬ 
cincts in 1918? Do you know whether any notice was given of the holding of 
the election, or not?—A. There was a notice given in each place. 

Q. In each precinct?—A. Yes, sir. I know there was one in ours, and they 
claimed there was one in the other. I didn’t see it. I was not across the river. 
I)Ut they claimed that they had notice. 

Q. ^^’hat about you receiving supplies for the Nousegat precinct, hooks, and 
blanks, etc.?—A. Well, I think that he received them on the last mail boat, I 
think, in July. 

Q. At the same time that he received all of them?—A. I think so. 

Q. The last mail boat was there in JuW?—A. Yes, sir; unless he received 
them on the Nome boat. I don’t know whether they would have come from 
Seattle. That was the only boat that was in there. 

Q. You had the supplies in your precinct?—A. Yes, sir. 

Q. You are sure about that?—A. Yes, sir. 

Q. Did you vote in the Choginng precinct on November 5, 1918?—A. Yes, sir. 

Q. And your wife?—A. Yes, sir. 

(}. You voted for Delegate to Congress in both of those precincts?—xV. Yes, 
sir. 

Q. Was there an election held in the Nushagak district?—A. No, sir. 

Q. Do you know whether or not Dr. French was over in the Nushagat pre¬ 
cinct some time prior to the date of the election?—A. Yes, sir. 

Q. How long prior to that?—A. Well, I wiis down to his place on Monday 
night, I think it was October 7, and Supt. Miller, of the schools, was there. I 
know this, because 1 went down to visit him, instead of his coming to visit the 
school. I went to see him, and he and Dr. French, on the boat on October 8, in 
the morning, left the Dillingham, the cannery site, toward the hospital, and 
crossed over to Nushagak on October 8, and from there they went to Naknik. 

Q. Naknik is not in that recording district, is it?—A. No, sir; I think there 
in another commissioner across on the other side; but they went over to get 
supplies from this Nome boat. 

Q. Do you know whether he took the supplies over for the election of Novem¬ 
ber 5, 1918, at the time that he went over in October?—A. No, sir. 

Q. He didn’t take them?—A. No, sir. 

Q. Do you know what became of those supplies; who did take them over?— 
A. Well, there was none. 

Q. To whom were they delivered, do you know?—A. Just a minute; he was 
there after this boat. He made two trips in October, over to Nushagak. 

Q. He made two trips to Nushagak?—A. Yes. 

Q. How late in October?—A. It was probably between the 18th and the 22(1, 
I could not tell the exact date, hut I know that he went there the second time 
to go to Naknik. They were getting supplies from this boat at Nome that 
brought things up there. 

(^. Do you know whether at any of those times he took supplies over for the 
holding of the election on November 5?—A. No, sir; he did not. 


78 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


(}. Do you know what he did do with tliose supplies finally?—A. Well, there 
Avas a man by the name of Hall—1 don’t know his first name—hut when he 
went on the second trip over to Nushagak to go to Naknik he took this man 
Hall. INIr. Hall is the storekeeper there, and he took him to Naknik and 
got some things for him—potatoes and things—and they came l)ack to Dilling¬ 
ham to the hospital, and when they arrived there the river was just begin¬ 
ning to freeze ice, and the next morning the ice was floating up and down, 
and they could not cross. They could not cross. 

Q. And the supplies never were taken over?—A. The supplies never were 
taken over. And he gave them to Mr. Hall. 

Q. Did Mr. Hall take them over?—A. No, sir. 

Q. Who was Mr. Hall?—A. Mr. Hall was a German alien. 

Q. How do you know that?—A. I was acting as postmaster in this little 
place of Chogiung, or Dillingham, during Otto Ijarsen’s absence. He api)oiuted 
me deputy postmaster, and there came a law, I think, something up to Alaska, 
to register all alien enemies, and he was one of them, {ind he registered as an 
alien. 

Q. How do you mean registered?—A. AVell, he came over there, and they 
had a regular form, and he signed his name and, I think, affixed his finger 
print. 

Q. You say those supplies were delivered to him. Did he ever get them 
over to Nushagak before that election?—A. No, sir. He was in Chogiung at 
fhe time of the election. He could not get over. 

Q. And there was no election held in Nushagak?—A. No, .sir. 

Q. Dr. French is a Democrat?—A. Well, I think he is, from the way he 
talks? 

Q. Was he a supporter of mine?-—A. No, sir; he was not. 

Q. M'as he opposing me?—A. Oh, yes, sir. 

Q. To what extent?—A. Well, he was electioneering against you. I know 
tlnit at one time I was down there to his place, and fhe question came up about 
the contest between you and Mr. Sulzer, and I told him—I don’t know whether 
we would get into the question of a talk there about it—I told him I thought 
from some statements that there were some things unfair there, etc., just in a 
conversation. So finally he up and he said that you were an enemy to the 
bureau of education and an enemy to the public schools, or something of that 
kind. Of course, he is superintendent over me there; and I told him that you 
might be, so far as I knew, but it would have to come from you; that I had 
read a great many of your speeches and a great many of your congressional 
reports, and I had never seen anything from you that indicated you were an 
enemy to the bureau of education. 

Q. The short of it is that he electioneered against me and did what he 
could to defeat me?—A. Yes, sir; I know that. 

Q. AVhat did he do?—A. Before that time he was around the village 
Chogiung talking to the men, because he told me. 

Q. Did he talk to you? A. No, sir; he didn’t talk to me. There was no use 
to talk to me about that. 

Q. He was commissioner in that precinct, in that district?—A. Yes, sir. 

Q. And recorder?—A. Yes, sir. 

Cross-examination by Mr. Leehey ; 

Q. .Justice of the peace, and the whole thing?—A. I think all that goes 
to him. 

Q. He was also superintendent for the bureau of education, and had charge 
of your work over there?—A. Yes, sir. 

Q. And he was a doctor?—A. Yes, sir, 

Q. What official connection did he have with the work as a physician?—A. 
Well, he doctored the natives. 

Q. So that he was the principal man in the community?—A. Yes, sir. 

Q. Do you know who he appointed election officers in the Chogiung precinct, 
in your district?—A. Yes, sir. 

Q. AVho?—A. He api^ointed .7. C. Lowe, Charles Nelson, and a man named 
Owmby, I don’t know his first name. He was the guard at the jail. 

Q. He was the giuard at the jail under the deputy marshal.—A. Yes, sir. 

Q. AVhat did the other two men do?—A. ]\lr. Nelson was the cannery winter 
man, watchman at the cannery. 

Q. And the other man?—A. He was o trader. 

Q. Were either of them friends of mine?—A. No, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 79 

Q. Were eitlier of tlieni Ueimblicaiis that von know of?—A. I don't know 
a lx nit tliat. 

Q. lint they were opposing me at the election?—A. Yes, sir. 

Q, None of them friendly?—A. Xo, sir. 

(}. hy didn’t he send those iiapers over to Xnshay;ak precinct in time to hold 
the election over there'?—A. Well, I don't know. 

Q. Did he have an opportunity to do it?—A. Well, he was there twice himself 
in the month of October. 

Q. And the election was held Xovemher 5?—A. The election was held Novem¬ 
ber 5. 

Q. As a matter of fact it was his duty under the law to call the election, 
appoint election officers, and see that the supplies got there, because the supplies 
were all sent to him ; is that correct?—A. Yes; I think so. 

Q. And he didn’t send them over?—A. No, sii‘. 

Q. And there was no election over there?—A. No, sir. 

(}. How many people live over there?—A. Well, I don’t know how many do 
live there. I made out a kind of a list. 

Q. I asked you to make out a list'/—A. Yes, sir; I made out a kind of a list; 
hut there arc some there 1 <lon’t know—I know them all, l)ut I don’t know 
their names. 

How many names did you put down'?—A. I put down 27. 

(}. There are others you don’t know?—A. There are others I don’t know. 

Q. r>o you think it is safe to say there were 80 voters in that precinct in the 
Nusagak precinct?—A. Oh, yes; that is, taking it all round, the whole precinct. 

(}. Do you know anything about the feeling of those voters over there towards 
me?—A. Well, I have heard them express their opinion, a great many of them. 
1 am acquainted with them, and I think there were two or three of them 
against you there. 

(}. And the rest were for me?—A. The rest were for you. 

Q. Are you quite satisfied from your knowledge and acquaintance with those 
people that that pi-oportion of those people would have voted for me if the 
electfon had been held there'?—A. Of course, a man don’t know. I can only 
know from what they said. When it came to voting it might have been differ¬ 
ent. I know from what they spoke, all hut two or three, I never heard them 
s])eak either way, hut somebody said that they voted against you, only two 
of them. 

Q. Is that why he didn’t send those papers over there?—A. That is the way 
I thought it was. I don’t know whether they think that. 

Q. The people are of the opinion that you didn’t send the papers over and hold 
that election, because he thought the great majority of the voters would he for 
me?—A. That is their public opinion about it. 

Q. A^'hat is your judgment about it, from what you know?—A. To be frank 
with you—of course a man swearing, you can’t swear what a man will do, 
1)111 - 

Q. What is your best judgment?—A. I believe in my heart that that is the 
reason that he didn’t send them over there. 

Q. He had an opportunity to send them?—A. He had, twice, and there were 
people come over to the hospital from Niishagak, that lived in Nushagak, and 
he was there twice that I know. 

Q. And he didn’t provide for that election in that precinct?—A. No. 

Q. And those people didn’t get to vote at all?—A. No, sir. 

Q. And your judgment about it is, from your acquaintance with the people, 
that all but two Or three of them over there would have voted for me?—A. That 
from their talk, it is known as a Wickersham precinct there. 

Q. The Nushagak precinct?—A. Yes, sir: tb.e Nushagak. 

Q. Ymur precinct was very largely inhabited by the doctor and his friends?— 
A. Yes, sir. 

Q. That is the f’hogiiing i)recinct’?—A. Yes, sir. 

Q. In that precinct there is Dr. French, the C(»mmissioner, and there is the 
United States marshal there?—A. Yes. 

Q. And guards, and other officials?—A. Yes, sir; and hospital nurses. 

Q. And all those people were against me?—A. Yes, sir. 

Q. All of them?—A. Yes, sir. 

Q. The men who appointed them to office up there are all Democrats, are 
they not? Judge Brown is a Democrat?—A. I guess; sure. 

q\ Marshal Brennan is a Democrat?—A. Yes, sir. They were all talking that 
V. ay. When they came around on the boat they were all electioneering for Mr. 
Sulzer. 



80 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Who was around on the boat that you spoke of?—A. ]Mr. Castler, the 
traveling marshal. 

What was he doing?—A. 1 think he traveled, conies up there, and picks 
up the prisoners that they have there, and takes them out, those that are 
ci’azy, etc., and takes them down here to the States, or anyone that has a little 
prison sentence. Do you want the list of these names? 

Mr. WicKEiiSHAM. I think I will ask him to put a list of these names in the 
Nushagak precinct in the record at this point. 

Mr. Leehey. I guess it is all right. I don't suppose he is positive whether 
those are citizens or not and live there. 

P>y Mr. WiCKERSiiAM: 

Q. What do you know aliout that?—A. I think they are all citizens. They 
live there. I think they are all citizens, so far as I know. 

Preston H. Nash. 

Subscribed and sworn to before me this Oth day of August, A. D. 1919. 

[seal.] Harold H. Hartman, 

Xotary Public in and for the ^tate of Washington. 

The following is a copy of the list of names said by Witness Nash to be voters 


in the Nushagak precinct: 


T. Patten. 

Louis Hauser, wife. 

Louis England, wife. 

-Anderson, wife. 

John Bergland, wife, and wife’s sister. 

Bert Johnson. 

Mrs. Cassivamp. 

Thomas Douglas. 

-Lanbberg. 

Gust Tret (Tretcoff), • 

-Ostertrum, Avife. 

Fred Paulson, wife. 

Hog Harry. 

-Bluddy, wife. 

John Nocholson, wife. 

Thomas Simes. 


State of Washington, County of King, ss: 

I, Harold H. Hartman, a notary public in and for the State of Washington, 
i-esiding at Seattle, do hereby certify that the above and foregoing depositions 
of B. (). Lenoir, .Tames B. T^ooney, Ike A. Beal, Henry S.'Labisky, Harlan Van 
Wyck, Max H. Faust, and Preston H. Nash were taken before me at the office 
of .Tohn E. Hartman, No. 3(H) Burke Building, in the city of Seattle, King 
t'Ounty, Wash., on the 6th day of August, A. D. 1919, at the hour of 10 o'clock 
a. m., pursuant to authority of the House of Representatives of the United 
States to take such testimony, in the case of James Wickersham v. George 
Grigsby, a contested-election case; that the above-named witnesses before exami¬ 
nation were each by me first duly sAvorn to testify to the tinth, the whole truth, 
and nothing but the tnith; that said depositions were taken down in shorthand 
by A. D. Williams, a stenographer, and by him reduced to writing, and that the 
testimony of said witnesses was thereafter carefully read by said witnesses, and 
subscribed by them in my presence. 

In witness whereof I have hereunto set my hand and official seal, this 6th 
day of August, A. D. 1919. 

[seal.] Harold H. Hartman, 

Notary Public in and; for the State of Washington. 

testimony taken in KETCHIKAN, ALASKA, DURINC THE WEEK ENDING AUGUST 
IG, IN DEHALF OF JAMES WICKERSHAM. 

Now, on this 11th day of August, 1919, at Ketchikan, Alaska, before Will H. 
Winston, a notary ])ublic, the matter of taking testimony in the contest election 
case, pending before the House of Representatives of the United States Con¬ 
gress, came on for hearing before Will H. AVinston, notary public, in his 
office, the municipal magistrate's office, in said Ketchikan. TTie said Winston 
being present and the contestant being present in person and also by his 
attorney, John B. Alarshall, and the contestee being represented by Attorneys 
Charles H. Cosgrove and A. H. Zeigler, 

The contestant thereuixm tiled jiroof of service of a notice of the taking 
of the deixisitions of Forest J. Hunt and others; service acknowledged August 
7, 1919, by J. A. Hellenthal, agent for the contestee, residing at Juneau, Alaska. 
Whereupon Forest J. Hunt was called as a witness and sworn. 

(Witness sworn.) 






WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


81 


.Tndge Wickeksham. Mr. Notary, we are informed that Mr. Charles II. Cos¬ 
grove and A. II. Zeigler, attorneys here in Ketchikan, are to appear for the 
contestee; they have been notitied of the time and place of this hearing, but 
neither of them are here, and while we are very anxious to go ahead with 
the matter and take the testimony of the witnesses who are now here present, 
yet we feel inclined to wait a little longer for them. It is now 1') minutes 
aftei- 11 and we will wait a little while, with your consent. 

(Consent given.) 

.Tudge Wickeksham. Before the taking of the testimony in this case I de¬ 
sire to exhibit to iMr. Cosgrove and INIr. Zeigler, who are now present, an agree¬ 
ment that I have with iNIr. Grigsby for the serving of papers in this .I'udicial 
division, wherein he has aiipointed .Tack Hellenthal and .Tohn K. Winn as his 
agents to accept and make service of notices and pleadings in this cause, and 
wherein I have appointed .Tohn B. iMarshall and .Tohn Kustgard as my agents 
for the same purpose. And before the taking of testimony I also desire to 
call attention of counsel for iMr. Grigsby to the [)leadings in the case, which I 
supixise they have also received. 

Attorney Cosgrove. We received a copy of amendments to contestant's orig¬ 
inal pleading with reference to alleged irregularities in the last election, 
wherein Mr. Grigsby and ]Mr. .Tones were candidates for Delegate. 

Judge Wickeksham. I c.all counsel's attention to House Document No. 74 of 
the Sixty-sixth Congress, tlrst session, which is a full and complete copy of 
notice of contest in the case of James Wickersham v. Charles A. Sulzer. elec¬ 
tion of November .5, 191S, and also to the original notice of contest in the case 
of James Wickersham, contestant, v. George B. Grigsby, contestee, served on 
Mr. Grigsby at Washington on June 28, 1910, and the proof of service which 
is attached to it: also Mr. Grigsby’s answer addressed to me, and M’hich was re¬ 
ceived by me, I think, on July 20th, and also my reply to his answer, which 
is acknowledged in writing by INIr. Grigsby on July 28, 1919. The original 
pleadings are all here. 

I now tile with the notary and ask to have it marked as an exhibit in this 
case the proof of service made at Juneau, Alaska, on the 7th day of August 
by my attorney, John Bustgard, giving notice of this hearing, this morning, 
and tile names of the witnesses, etc., and notice of acceptance by J. A. ITellen- 
thal, the agent mentioned in the agreement between me and Mr. Grigsby, 
which I have exhibited to you. [See Exhibit A.] Now, ]Mr. Hunt has been 
sworn before you came in and has to be examined. 

Exhibit A. 

To the (thove-namcAl contestee and his alforney, J. d. Hellenthni, Esq.: 

Take notice that before Will H. Winston, a notary public, at his the said 
notary’s office at Ketchikan, Alaska, on Monday, the 11th day of August, 1919, 
beginning at 11 o’clock in the forenoon of that da.v, and thence continuing until 
completed, the contestant, James Wickersham, will take the depositions of each 
of the following witnesses for contestant, to wit: Forest J. Hunt, Harvey Stack- 
pole, John J. Durkin, Robert T. Graham, William T. ^Mahoney, the residence of 
each of whom is at Ketchikan, Alaska, and Taylor Althonse, whose residence is 
at Charcoal Point, near Ketchikan, Alaska; that the taking of said deposi¬ 
tions may be postponed from time to time if such course be deemed necessary 
by the said notary above named. Dated this 7th day of August, 1919. 

James Wickeksham*!. Contestant. 

By John Rustgard, His Attorney. 

Copy of tJie above notice received at Juneau, Alaska, this 7th day of August, 
1919. 

J. A. Hellenthal. 


Attorne.v Cosgrove. Just before we begin taking testimony, in behalf of Mr. 
Grigshy, we desire to object to the taking of any testimony at this time for 
the reason that the notice given us is not reasonal^le and not taken according 
to chapter 0.3 of the Compiled Laws of Alaska, eovering the taking of deposi¬ 
tions in the Territory. Whether there is a congressioiial law or any rule of 
.action adopted by the House of Representatives covering election cases in par¬ 
ticular 1 do not know; maybe Judge AVickersham can tell. But it seems to us, 


151279—20-0 



82 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

and it appears quite evident from the copy 6t notice i-eceived from .Juneau, that 
this notice from Mr. Wickersham’s attorney to Mi-. Helientlial was given on 
the 7th day of August, 1919, calling for the taking of depositions to-day at 
Ketcliikan. 1 think we may take notice of the fact that there has been but 
one boat from Juneau since that date, which arrived yesterday, and we desire 
to say that on that day we received notice of the persons whose depositions 
would he taken, giving counsel for the contestee something less than 24 hours 
to prepare cross-examinations in this case, which we feel is most unreasonably 
short. Section 1484 of the Compiled Laws of Alaska covering the taking, the 
manner of taking depositions in the Territory is as follow'S; “Either party 
may take the testimony of a witness in the district by deposition, in the cases 
allowed by ths code, before the clerk of a court of record, or other person au- 
thorized to administer oaths, on giving the adverse party previous notice of 
the time and place of the examination, the name of the ofTicer, and the witness; 
such notice shall he given at least three days before the day of the examination, 
if the distance of the place of examination from the residence of the person to 
whom notice is given does not exceed 25 miles, and one day in addition for 
<'very additional 25 miles, unless the court or judge thereof by order prescribe 
a shorter time. When a shorter time is prescribed the order shall be served 
with the notice.’’ And upon those grounds and for those reasons we object to 
the taking of any testimony at this time and particularly this witness. 

Attorney Zuigler. This objection will be to all witnesses in the depositions. 

DEPOSITION OF FOREST .1. HUNT. 

By Judge AVickersham : 

Mr. Hunt, you may state your name.—A. Forest J. Hunt. 

Q. How^ old are you?—A. Sixty-one last January. 

Q. Are you a citizen of the United States?—A. I am. 

(}. AVhere w'ere you liorn?—A. Newaygo County, iVIich. 

Q. AVhen did you come to Ketchikan, iMi-. Hunt?—A.. In March, 1900. 

Q. How long have you been a resident of Ketchikan?—A. Ever since that 
time. 

Q. What business are you in, Mr. Hunt?—A. IMercaiitile business. 

Q. Have you been engaged in that business ever since you have been here?— 
A. Yes. 

Q. AVere you a member of the Ketchikan Branch of the Council of National 
Defense?—A. A^es, sir. 

Q. Have you been election ofTicer at any election held here?—A. I liaA'e. 

Q. AA'ere you one of the election officers in Ketchikan, November 5, 1918, at 
the general election for Delegate to Congress for this Territory?—A. I wtis 
judge of election. 

Q. By w'liom w'ere you appointed such?—A. City council. 

<}. Is Ketchikan an incorporated towm?—A. Yes, sir. 

And in incorporated towms are the election officers appointed by the city 
council?—A. They are. 

Q. How^ long have you knowTi me?—A. I have known you more or less ever 
since 1885. 

Q. Ever since you have been in Alaska, since 1909?—A. Yes. 

(}. And you have know'ii Mr. Sulzer’ how long?—A. AA^ell, I think, I don’t 
j-ecall; I have knowm him more or less ever since somewhere about 1905. 

Q. AAliere has he resided since he came to this country?—A. Over on the west 
■coast of Prince of AA^ales Island, wdiat is now’ Sulzer. 

Q. Sulzer post office?—A. Yes. 

Q. AAdiat has been his business over there?—A. Alining; in charge of Sulzer 
mine part of the time. 

Q. Kunning a mercantile business?—A. Yes; a store in connection w’ith the 
mining business. 

Q. Was he a married man?—A. Yes; since soon after I first knew him. 

Q. And where did his famiiy reside?—A. In Sulzer. 

Q. Do you know’ w’hether he had any children or not?—A. One child. 

Q. AAliere did he live, out there w’ith his w’ife?—A. Yes, sir. 

Q. They resided there wdth him to the time of his death?—A. Yes; I be¬ 
lieve so. 

Q. AA'lmt is the fact about that?—A. It is general knowledge they resided 
there. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


83 


Q. You knew Mr. Sulzer claimed to have been elected a Delegate to Congress 
in 1916, when I was a candidate?—A. I did, 

Q. You know there was a contest about that matter?—A. Yes, sir. 

Q. Did you see Mr. Sulzer on November 5, 1919, the day-A. 1918. 

Q. 1918?—A. I did; I saw him in this chamber. 

Q. In the town of Ketchikan?—A. Yes. 

Q. Was the election held here in this room?—A. Yes. 

Q. Did he appear at the polls while you were serving as an election officer on 
that day?—A. He did. 

Q. Here in Ketchikan?—A. Yes. 

Q. In this room?—A. Yes. 

Q. The polling.place was in this room?—A. It was. 

Q. Did he offer to vote at that time?—A. He did. 

Q. Just state the facts and circumstances relative thereto.—A. He came in; 
it was the first time I had met him to speak to him since he came in town. He 
came in, and after the usual greetings he asked if he had to register to vote 
here. I told him he did and I asked him if he had been in the precinct 30 
days, and he said no, but the Territorial law didn’t require that; but I said 
the instructions under which we are operating do require it. I said the 
instructions were framed by a lawyer of your party, Mr. Grigsby. The printed 
instructi<m I showed him, that a residence was required of at least 30 days 
prior to election. 

Q. You say these instructions were printed, where?—A. Where? On the 
back of the election instructions, the register, or the—on the register, I think. 

Q. Those instructions were the official election records given to you as an 
officer in that election?—A. Yes, sir. 

Q. Did you call his attention to those instructions?—A. Yes; and he read 
them; and after he read them he asked me if we were going back of the Terri¬ 
torial law, and I told him we were trying to conform to the laws. 

Q. Did he demand a right to ^'ote?—A. He asked if we had a blank oath. 

Q. M'hat oath have you reference to?—A. The challenger’s oath. 

i}. You mean an oath to be taken by a voter whose vote was challenged?— 
A. Yes. 

Q. That was a blank provided in the United States laws relative to Delegate 
elections in the Territory of Alaska?—A. Yes; and he looked it over, and he 
said, “ I guess I don’t want to take that,” and laid it down. 

Q. Did he decline to take the oath?—A. Yes; he did. 

Q. Then what became of him?—^A. He left the room. 

Q. He did not vote in this precinct?—A. No. 

Q. How far is it from Ketchikan to Sulzer, where he resided?—A. I think, 
across the portage, somewhere about 60 miles; I am no.t sure myself. 

Q. What time was he here at the polling place on that day?—A. Somewhere 
near noon ; part of the board was absent at lunch, 

Q. Do you know where he went after that?—A. I do not. 

Q. Do you know William T. INfahoney?—A. I do, 

Q. Who is he, sir?—A. United States commissioner in Ketchikan. 

Q. As commissioner he is also recorder in this district?—A. Yes. 

Q. And he is also justice of the peace?—A. Yes. 

Q. And coroner?—A. Yes. 

Q, What other position does he hold?—A. Deputy clerk of the court. 

Q. Of the United States district court?—A, I think so, 

Q. Where is his office?—A. In the .courthouse, Ketchikan. 

Q. Do you know one Charles Leask?—A. Yes; I know him. I know the 
Leask boys. I don’t know him well enough to distinguish him. 

Q. Did" he offer to vote here that day ?—A. I don’t remember, only as the 
records will show. I don’t know whether a record was made of the persons’ 
names; I couldn’t testify positively. 

Q. Now, do you.know anything about where he is from?—A. He is a resident 
of Metlakatla. 

Q. Do you know what nationality he is?—A. I think he is a Tsimpsean 
Indian. 

Q. Do you know where he was born?—A. Well, I don’t know; some of the 
Leasks were born in British Columbia, and L understand he was. 

Q. Now, on the morning of the election of November 5, 1918, was there a 
group of persons who voted here very early?—A. Some were waiting when we 
opened the polls. 



84 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Dudley Allen and his wife?—A. 1 think Dudley Allen and his wife and 
William Seinar and his wife. 

Q. And Gus Gillis?—A. I don’t know. They voted early. 

Q. Who is Dudley Allen?—A. He is a traveling man. 

Q. He is a commercial traveling man?—A. Yes. 

(}. Where does he reside?—A. Juneau. 

Q. Did he reside in this city?—A. No. 

Q. Had he been here 30 days prior to that election as a resident of this 
precinct?—A. No. 

Q. Nor his wife, either?—A. I don’t think so. 

Q. Have you made inquiries since?—A. General inquiries here and that they 
were simply here on business, she was making a trip with him for the first time. 

Q. And they were staying at the hotel?—A. I believe so. 

Q. You don’t know, or do you know, whether they were residents of this 
precinct?—A. I know they were not residents of this precinct. 

Q. What about Gus Gillis and his wife?—A. He is not a resident and never 
has been. 

Q. Had he any home here?—A. No. 

Q. Had he been a resident prior to that time?—A. No; not that I know of. 

Q. Where do you understand he resided?—A. Juneau. 

Q. Had either of them or any of them been in this precinct 30 days prior to 
the date of election?—A. No; they had not. 

Q. What about William Semar?—A. He was a resident of Ketchikan, but he 
had sold out his residence here about two years prior to that election, and he 
was interested in a cannery out to Sitka. 

Q. Did he have any residence here at that time?—A. No. 

Q. How long prior to that time had he been a resident of here?—A. In the 
neighborhood of two years. 

Q. They were in this early group that voted?—A. Yes. 

Q. Did he have any home here or place of residence?—A. No home. 

Q. How long had they been here prior to the date of election?—A. A few 
days. 

Q. Not 30 days?—A. No. 

Q. Had any of these people been in the precinct 30 days prior to the date of 
election?—A. No, sir. 

Q. What do you know about the political partisanship of Dudley Allen, and 
Gus Gillis and his wife?—A. I can’t testify as to that. 

Q. Were they known to be Republicans or Democrats?—A. The general report 
was that they were Sulzer supporters; they came in here with Sulzer supporters. 

Q. Who came in with them?-—A. William Strong and his wife were here, and 
William Semar was his son-in-law. They were strong Sulzer partisans. 

Q. So far as you know, then, they were supporters of Mr. Sulzer and sup¬ 
porters of the Democratic ticket?—A. I never heard them accused of anything 
else. 

Q. How long had the Allens and Gillises been in Ketchikan at that time?—A. 
I don’t know. 

Q. Three or four days?—A. Might have been here a week, or something like 
that. I do not know. They stopped at the Steelman Hotel. 

Q. Now, what was Semar’s business?—A. He was interested in a cannery, in 
charge of a cannery out at Sitka. 

Q. Does he reside out there during the year?—A. Yes. 

Q. Does he live in Seattle?—A. I don’t know whether he lived in Seattle 
or not. 

Q. They didn’t have a residence here?—A. No. 

Q. Do you know a man by the name of W. Chapman?—A. Yes. 

Q. Who is he?—A. Superintendent for the Salt Chuck Mining Co., near 
Kasaan post office. 

Q. Do you know whether he voted here that day?—A. He (Jid. 

Q. Did he have any residence here?—A. I don’t consider so. 

Q. He was challenged?—A. Yes. 

Q. AVhat became of his challenge?—A. He swore in his vote. 

Q. Do you know where his residence was?—A. I think he could claim a resi¬ 
dence out to the mine; I understood he had a house built out there at the 
mine at Kasaan. 

Q. Is that in the Ketchikan precinct?—A. No. 

Q. Who challenged him?—A. Bob Oliver, I think. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


85 


Q. When he was challenged was there any effort or not to make liim fill ont 
an oath?—A. H. C. Strong urged him to fill ont an oath. 

Q. And was INIr. Strong a supporter of Mr, Snlzer?—A, He was, I think, 

Q. Did INIr. Chapman have a wife here in the hotel at that time?—A, He did. 

Q. What was she doing here?^—A. She was said to he here for medical treat¬ 
ment ; she wasn’t well. 

(}. lint his home was over at the mining claim; they had a residence over 
there?—A. I understood the company furnished a house, .inst a residence for 
the superintendent, there, 

Q. Have yon any information how l\Ir. Chapman voted?—A. Nothing further 
than the party he came in with. 

Q. And from your information you think he voted for IMr, Sulzer?—A. I am 
satisfied. 

Q. Do you know INIr. Steve Ragan, assistant United States district attor¬ 
ney?—A. Yes, sir. 

Q. Where does he reside?—A. Of course he Ims been here while in office. 

Q. Has he got a homestead?—A. I understand he has a homestead near 
Haines. 

Q. Where is his wife now, if you know?—A. I have heard she is up there, 
she has returned to the homestead. 

Q. Did he vote here on that d{iy?—A. Yes. 

(}. Was he a supporter of Mr. Sulzer also?—A. I never heard him express 
himself; I naturally suppose he was. 

Q. He is a Democrat?—A. Y"es. 

Q. Holding a Democrat office here?—A. Yes; and of course, naturally, he 
was supporting the ticket. 

Q. You have never seen their homestead up there?—A. No. 

Q. Mrs. Ragan went l)ack there after the election?—A. That was the report. 

Q. Did she vote?—A. I think, yes; he was here and she also. 

Q. How long had she been here before election day?—A. I don’t know 
exactly. 

Q. Ten days or so?—A. She might have been longer than that. 

Q. Do you know where IMr. Ragan is now?—A. I do not. 

Q. Do you know one J. W. Cochran?—A. Yes. 

Q. Did he vote?—A. Noi 

Q. Did he offer, do you know?—A. He did. 

Was he challenged?—A. He was. 

Q. Who examined him and challenged him?—A. Boh Oliver challenged him; 
I think I did most of the ciuestioning. 

Q. And he admitted he was a lighthouse keeper at Lincoln Rock?—A. Yes. 

(}. Did he swear in his vote?—A. He refused to swear it in. 

Q. What did he say about his place of residence when you examined him?— 
A. That he was working for the Government at the Lincoln Rock lighthouse 
and he contended he had no other place to vote, that he wasn’t in any 
precinct. 

Q. Where is Lincoln Rock?—A. Near Wrangell. 

Q. It is not in this precinct?—A. No: it is not. 

Q.’What do you know about his politics, his vote?—A. I know from remarks 
he made. I heard he said he intended to vote for Wickersham and after we 
challenged his vote he went down to Charcoal T’oint and voted for Sulzer. 

Q. Do you know how many precincts there are in Ketchikan commissioner’s 
district?—A. I do not know without going over them. 

Q. Let me go over them: Town of Ketchikan?—A. Yes. 

Q. Charcoal Point?—A. Yes. 

Q. Sulzer?—A. Yes. 

Q. Dolomi?—A. Yes. 

Q. Hyder?—A. Yes. 

Q. Kasaan?—A. Y’'es. 

Q. Craig?—A, Yes. 

Q. Beaver Falls?—A. Yes. 

Q. Tokeen?—A. Yes. 

Q. Loring?—A. Y'es. 

Q. And Hadley?—A. Yes; isn’t there one Shakan. 

Q. But those voting precincts mentioned are all in the Ketchikan commis¬ 
sioner’s district?—A. Yes. 


86 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. And INIr. Mahoney is the commissioner and under tlie law appoints the 
election ofiicers in all the precincts except the town of Ketchikan?—A. Yes; 
except incorporated towns. 

Q. What do yon know ahout Mr. Mahoney’s political affiliations?—A. I 
don’t think he ever discussed them with me. 

Q. So far as the public is concerned?—A. It is second hand. 

Attorney Zeiglek. It seems like hearsay? 

Judge WiCKERSHAM. It isn’t, it is general reputation. 

By Judge Wickersham : 

Q. What do you know ahout his general reputation as a Democrat?—A. I 
don’t think there is any question of his being a Democrat. 

Q. He holds an office under a Democratic judge in this division?—A. Yes. 

Q. Don’t you know he is a supporter of the Democratic ticket all the time?—■ 
A. I never had any doubts of it in the least, it would be very strange if he 
didn’t, I think. 

Q. Was he present at the polls on election day?—A. He was. 

Q. What was he doing?—A. I don’t remember whether he did any challeng¬ 
ing or not that day. 

Q. Wasn’t he present in the polling place here?—A. Yes. 

Q. W asn’t he acting as watcher or challenger?—A. Mr. Sharpe did some 
challenging but I don’t remember whether Mahoney did or not. 

Q. Who is INIr. Sharpe?—A. Deputy marshal. 

Q. In this precinct?—A. Yes; district. 

Q. Were they both active around the polls on election day?—A. They had 
that appearance. 

Q. Do you know whether Mr. Mahoney had an automobile out on that day?— 
A. I don’t know, I didn’t see it that day, I was occupied that day. 

Q. Do you know whether he brought up any people from the “ row ” and 
voted them on that day? 

Attorney Zeigler. Who do you refer to? 

Judge Wickersham. Black Mary. 

Q. Who did they bring in, Mr. Sharpe or Mr. Mahoney?—A. All I know 
they were just simply interested, they seemed to have parties along with them, 
some would come in with them, sometimes they came in here and the people 
followed and then the people came in and they came in right after. I wouldn’t 
know how long they had been together or anything about them further than 
that they came up and'voted and so far as Mr. Mahoney is concerned, I don’t 
remember seeing anything. 

Q. Do you remember whether any objection was made to Mr. Mahoney’s ac¬ 
tivities by Bob Oliver?—A. I don’t know, there was objection when Mr. Sharpe 
was in the room. I don’t know to a certainty whether he made an objection 
to Mr. Mahoney’s presence or not. 

Q. Isn’t it true there has been considerable criticism in the community?—A. 
No question about that. 

Q. Haven’t you heard this criticism?—A. Yes, sir. 

Q. Didn’t you hear it on that day?—A. Nothing except what people here 
were—of course, objections were made, I voiced my objection myself to officials 
acting as challengers. 

Q. What official did you object to?—A. Sharpe, Marshal Sharpe. 

Q. What objection did you make to him?—A. I told him I didn’t think in 
the face of Mr. Oliver’s objection he should do it and he stated there was nothing 
to prevent it, nothing against it asserting he was within his rights and I told 
him I didn’t think he was. 

Q. Do you know when Mr. Sulzer died? Let me call your attention to the 
fact it was on April 15, somewhere about that date?—A. I haven’t the date. 

Attorney Zeigler. I think it will be admitted. 

Q. He came over from his home in Sulzer and died en route?—A. I don’t 
know the particulars in reference to his death. 

Q. Do you remember that prior to that day I had left with you notice of 
contest to serve on Mr. Sulzer when he came here?—A. Yes. 

Q. And after the date of his death, I got it from you, and you gave it back to 
me?—A. Yes, sir. 

Q. That was a copy of notice of contest in the election case I had prepared 
and left with you for service?—A. Yes. 

Q. I talked with you first about it?—A. Yes; I read it. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


87 


I>y Attorney Cosgrove : 

Q. Who were the other officials on the board with you on election day?—A. 
Charles Deppe was one of the judges and the clerks were W. J. Morgan, and 
Wishart, the other judge was it Ira King, I don’t know. 

Q. The instructions you had governing the cases of voters, the qualifications 
of voters, they came in printed form?— A. Yes; on the register or tally sheet. 

Q. Was there anything on the printed form in reference to the law which 
had been passed by the legislature?—A. It gave the Territorial law and the 
last clause said provided he shall have resided in the Territory at least 30 
days, iirior to election, in the precinct. 

Q. M as there any reference to section 22 of chaiiter 25 of the laws of 1915 
of Alaska?—A. I think the chapter was ipioted. 

(Attorney Co grove read the following from section 22, chapter 25 of the 
laws of Alaska, 1915:) 

“Any person of the age of 21 years or more who is a citizen of the United 
Stiites, who has lived in the Territory of Alaska one year and in tlie judicial 
division in which he or she offers to cast his or her vote 39 days immediately 
preceding ; uch election, shall be entitled to vote at all elections held therein : 
Provided, That all idiots, insane persons, and persons who have been convicted 
of an infamous crime are excluded from such right and privilege: And provided 
further, That no person shall be deemed to have lost his residence by reason of 
his absence while in the civil or military service of the Territory or the United 
States, nor while a student at any institution of learning, nor while kept a 
public charge at any poorhouse or any other asylum, nor ^^'hile confined in 
any public prison, nor while engaged in navigation of the waters of this Ter¬ 
ritory, of the United States, or the high seas; absence from the Territory or 
said judicial division or city or town wherein election is held on business shall 
not -affect the question of residence, i)rovided he or she has not claimed such 
right elsewhere. One of the said judges shall keep said registration book, and 
before any voter shall receive his or her oflicial ballot he or she shall sign his 
or her name in said book, which signature shall be a statement of said voter 
to the effect that he or she is qualified to vote under this act.’’ 

Mr. Hunt. We had that pamphlet and allowed the first voters to go in and 
vote, and INIr. Plumley called our attention to the fact of the special instruc¬ 
tions of the Attorney General, and after that we permitted nobody who hadn't 
been in the precinct at lea* t 30 days prior to the election. 

Q. Well, now, to the best of your recollection, bow many voted prior to yom* 
using that rule?-—A. Six or eight, I think; wasn’t many, this group that stood 
here when we came. 

Q. Had they-voted for Wickersham?—A. I don’t think so. 

Q. That wasn’t ‘the reason for the adoption of the rule?—A. Up to that time 
I don’t think we knew we had received it. 

Q. Did that have anything to do with the adoption of the rule you men¬ 
tioned?—A. Nothing; I think when I came in here I hadn’t heard of this rule, 
where one must be 30 days in the precinct prior to the election. This instruc¬ 
tion ercaped my notice. 

Q. Now, Mr. Hunt, you have been Mr. Wickersbam’s manager for several 
years?—A. I never considered myself such. 

Q. It is generally understood you have represented him in political mat¬ 
ters?—A. I have supported .Judge Wickersham. 

Q. Very actively ?—A. Very persi* teiitly. 

Q. Very energetically and conscientiously?—A. Yes, sir. 

Q. And you did so during the last election, did you not?—A. I did. 

Q. And very actively on the election in question?—A. On election day I was 
doing no electioneering. 

Q. Didn’t you help anybody to vote for Wickersham?—A. No. 

Q. Did you advise Mr. Wickersham’s supporters during that day?—A. I don’t 
recollect. 

Q. Do you remember you didn’t?—A. I wouldn’t say I didn’t say something 
outside. 

Q. Isn’t it a fact that you were very active in his behalf in this very room?— 
A. No; I tried to be impartial. 

Q. Isn’t it a fact, Mr. Hunt, as re])resenting IMr. Wicker ham, you challenged 
votes that were offered?—A. I didn’t challenge a vote, to my recollection, nor 
refuse to accept a vote that was unchallenged. 


0 


88 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. You suy you know uotliiu.ir of tliis (’linrles Loask?—A. T don’t know 
wlietlior I do oi- not. 

Q. ''Idiat {)vovo'< tliat you don’t?—A. T know tlu' T.oask l)oys. 

(>. You don’t know lunv Ion,a: ]Mr. Dudley Allen was in town before eleetion 
day’:'—A. Only a few dayv. 

Q. IIow do you tix the time?—A. I am inside workin.u'; T don’t know exactly. 

(>. You don’t know how lon^ ]Mr. Semar and his wife were here?—A. I can’t 
give dates. 

Q. Do you know whethei’ ^Afr. Semar and liis wife were residents of Ketchikan 
during tier life’?—A. I know very well they were residents at one time. 

Q. Do you know whether they gave up their residence when he went into 
business in Sitka?—A. They sol'd their residence and it was reported to nte 
they moA’ed away. 

Q. Do you know whether they still considered themselves residents of Ketch¬ 
ikan?—A. I am satisfied in my own mind and knowledge that they did not. 

Q. How much would it take to satisfy your own mind on tiiat question, 
would it satisfy the average man?—A. I think it would satisfy you. 

Q. What information you have on it is in the nature of hearsay isn’t it?—A. 
It is general knowled.ge. 

Q. And so with reference to Hr. Gillis you don’t know how long he was in 
town before election day?—^A. No; not exactly. 

Q. You don’t know how long Gus Gillis was in town before election day?— 
A. I don’t know just how long. 

.fudge WiCKEKSHAM. Think it over and try to give the exact date. 

A.' 'Sly understanding is he just arrived on one of the passenger boats just 
preceding the election. 

Q. That is your impression, you have no knowledge of tlie fact’?—A. He 
wasn’t around town, not likely or I would have known something about if. 

Q. You think he couldn’t have been here unless you would have known it?— 
A. Not very likely to be, unless he was hiding here. 

Q. Do you know how any of these people voted?—A. They didn’t tell me. 

Q. Do you knoAv ?Mr. Semar was offering money on Wickersham?—A. No, sir. 

Q. Do you know Gus Gillis was a Wickersham supporter?—A. I heard he 
offered to bet the other way and the same way with vSemar, I don’t know how 
true those statements are. 

Q. You say Mr. Chapman was not a resident of Ketchikan?-—A. In my opin- 
i(‘n he was not. 

Q. You didn’t know did yon that he had a residence in the Revilla Hotel?— 
A. I know he claimed a residence there. 

Attorney Zetgler. What did he claim in the oath? 

A. He claimed his wife had been stopping there and thal; he had no home 
anywhere else while she was there. 

Q. Do von know whether Steve Rasran had a home here at that time?—A. 
No. 

Q. Didn’t you know Mr. Ra.gan had a residence here since the 7th day of 
INIarch and would have had his wife along, except the children were going to 
school and they didn’t want to take them away until school finished?—A. ^Yith 
me I don’t think I am very competent to pass on that, I know he was staying 
here right along. 

Q. Do yon know where he was staying?—No. 

Q. Do you know his wife joined him shortly after with the children?—A. 
Yes. 

Q. And that they remained here a long time?—A. A few months, I don’t 
know Imw long. 

Q. Do you know whether Mr. .1. C. Cochran had been a resident here for 
years?—A. I knew he had been here, he admitted that day he hadn’t been here 
within .30 days prior to the election. 

Q. Didn’t he also claim he was a resident of Ketchikan and claimed Ketchi¬ 
kan was his home?—A. It is a fact to he sure but Mr. Cochran refused to sign 
the oath after he was challen.ged. 

Q. You exphiined to him he must be physically here for .30 days prior to elec¬ 
tion?—A. His vote had been challenged by Mr. Oliver and he admitted and I 
asked him where he was staying and he said lancoln Rock laglithouse and he 
hadn’t been in Ketchikan ,30 days, that Ketchika.n he claimed was his home. 
He said of course he had no fixed residence here. 

Q. And did he say he was working for the Dighthouse Dei)artment at Idncoln 
Rock?—A. Yes. 


WICKERSHAM VS. SULZER, DECEASED, AXD GRIGSBY. 


89 


Q. Did the board take the view that if a man was away from town 30 con¬ 
secutive days prior to election he lost Ids residence, no matter what business he 
was on?—A. He was cliallenged, and he wouldn’t take the oath—the chal- 
lengee”s oath. It is true there was a question, and, according to the reading of 
the instructions, my interpretation was he was a voter there; he hadn’t been 
30 days here. 

Q. Whether Ketchikan was his home or not?—A. If he is a resident of here 
and had his fandly here, he was not a resident of any place except there. 

Q. Suppose a man went over to Prince of Wales Island for 30 days. AVould 
he lose his residence here?—A. A single man? 

Q. Yes.—A. If he was there over the 30 days, unless he had some fixed resi¬ 
dence, in my opinion he wonld be a voter there. 

Q. And that is the view the board took of all such questions?—A. I didn’t 
think a person had a right to vote at two places. 

Q. Even though he had been a resident of Ketchikan for several years?—A. 
He had never been a resident of Ketchikan ; he had been working around here. 

Q. But he did live here and called Ketchikan Ids home for several years?— 
A. While stopping here, Ketchikan was prol)ably his home; and when he went 
to Lincoln Bock liighthouse, there was his home. He never owned a home in 
Ketchikan. 

Q. Some never own a home for another reason. You speak of Judge Plumley 
advising the board.—A. He simply called our attention to that provision of the 
instructions. 

Q. .ludge I’lumley wasn’t a member of the board, was he?—A. No. 

Q. But he sat here all day?—A. No; he was out when we opejied the polls. 
Some other person made some comment about the instructions, and he called 
our attention to these. 

Q. And this was his office at the time?—A. Yes. 

He was clerk of the council and also municipal magistrate?—A. Yes. 

Q. And your board put considerable trust in him?—A. No; he received the 
election supplies; that is all. 

Q. Your board looked to him for advice and counsel?—A. No. 

Q. You put several questions up to him?—A. Asked him nothing at any time, 
only what instructions there were. 

Q. Do you know whether or not Judge Plumley was a strong Wickersham 
supporter?—A. I don’t think he expressed himself one way or another. My 
impression was he was. 

Q. Very strong?—A. I don’t know how strong; but, then, I don’t see that 
signifies anything; he simply called attention to those instructions. 

Q. I think you will remember a public meeting at which only yourself and 
.Judge l‘lumley sat on the stage with IMr. Wickersham during his speech?—A. 
Perhaps; I don’t recall. You don’t consider those instructions biased instruc¬ 
tions in regard to election? 

Q. No; no rejilly when right distinctions are made. Isn’t it true quite a few 
votes cast that day wei-e cast by sample ballots?—A. Not that I know of. I 
don’t recall seeing sample ballots u.sed by any voters in here. 

Q. Do you remember or no?—A. No; not in this precinct. 

Q. You have no recollection?—A. No. 

Q. Were any found in the box?—A. I don’t know; possibly there was one; it 
was thrown out if there was. 

Q. Your recollection is not clear on the point?—xV. It is celar. There was one 
election where we found a sample ballot. I can’t recall now when it was. 

Q. Isn’t it a fact that most of the members of the election board were Wick¬ 
ersham supporters?—xV. iMr. Deppe was not a Wickersham supporter, and it 
was ]Mr. Deppe who we generally left the matter to if anybody wanted help 
about pi-eparing the ballots. I don’t recoil whether I assisted; I never did 
unless when iMr. Deppe was present. We were both at a few cases in the 
booth where they wanted assistance, but I didn’t go alone to help anyone pre¬ 
pare ballots. I can’t recall the other judges that day. 

Q. D. Smith Harris, was he on the boq.rd?—xV. I don’t think he was. 

Q. Was Bob Graham?—x\. No. 

Attorney Zeiglek. IMr. Winston, have you got the records; they will show the 
election officers that day? 

]\Ir. Winston. I might be able to find them. 

(Record read: Charles Deppe, Ira King, F. J. Hunt, Harry Rice, and D. 
Smith Harris as clerks.) 


90 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. Hunt. Neither one of those clerks acted that day; W. .1. ^Nlorj^an and 
Joe Spath Avere the clerks and Ira Kinj? and Deppe jiidjtes, and as a matter 
of fact, I might add too, they were l)oth Siilzer supporters. 

Ry Attorney Cosgrove. 

Q. Who were?—A. Ira King and Deppe. 

Q. What about Morgan and Spaeth?—A. Wickersham supporters, I guess. 

Q. ]Mr. IMorgan was not a supporter hut a shouter?^—A. Were all Wickersham 
supporters shouters ? 

Q. Most of them. I understand you to say, Mr. Hunt, that most of these 
questions were put up to INIr. Deppe for solution?—A. I said when there was 
any assistance called for in the preparation of the ballot. 

Q. In the settlement of the qualifications of the voters?—A. As far as that 
is concerned, I didn’t waive- my judgment to INIr. Deppe. We didn’t disagree 
on any point as I remember. 

Q. You and he agreed all voters were entitled to vote, otherwise you wouldn’t 
have let them?—A. As a general thing I questioned them and Deppe would 
do some questioning, too, in regard to their residence here. 

Q. You and INIr. Deppe agreed on all questions?—A. Didn’t have any dis¬ 
agreements. 

Q. Your judgments were the same on all questions?—A. Apparently so. 

Q. Where a person needed assistance he went to INIr. Deppe?—A. We both 
did some. 

Q. Do you remember how much he did, did he do more of it?—A. I don’t 
remember, but we went together most of the time, he went once or twice. 

By Judge Wickersham. 

Q. But you had perfect confidence in allowing INIr. Deppe to go?—A. Yes; 
I thought he would try to be fair. 

Q. Fair and honest?—A. I did; I had perfect confidence, even though he was 
against me. 

(^. He would take no undue advantage of a voter?—A. He would not. 

By Attorney Cosgrove. 

Q. These instructions you mentioned as being printed on tbe tally book or 
other records of the election of November 5. 1918, were they received, from 
whom or by whom?—A. Ry Judge Plumley. 

Q. He was a clerk of what?—A. City clerk. 

By .Judge Wickersham. 

Q. And who prepared those instructions?—A. Prepared and signed by George 
B. Grigsby, attorney general of the Territory. 

Q. In other words, they were the official records and instructions sent to 
the election board for the opening of the polls on that morning?—A. They were. 

Q. With respect to this matter of this group that voted early in the morning, 
did they vote before the attention of the board was called to the matter of 
instructions requiring a person to be 30 days in the precinct before election?—A. 
Yes; I only looked in the pamphlet; the Compiled Laws of the Territory were 
in pamphlet form. In that, of course, anybody residing in the division was 
allowed to vote, but the instructions we had diverged from those instructions 
in the 1918 Delegate election, and they printed those special instructions which 
will be found on file in the Territory in the various precincts. 

Q. And this group or party I asked you about were the first voters that morn¬ 
ing before that matter had been called to your attention?—A. Yes, sir. 

By Attorney Cosgrove. 

Q. Did that pamphlet come along with the balance of the literature, copy 
of the session laws?—A. It was part of the same instructions we had on the tally 
sheet. 

Q. So when you considei'ed one end of it, you considered the other end?—A. I 
am not sure whether the pamphlet accompanied this or not; I don't think so. 

Q. The point is, when you considered the question you considered the whole 
question?—A. Yes. 

(Recess until 1.10 p. m.) 

(1.1.5 p. m., Mr. Hunt still on the stand.) 


91 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

By Attorney Cosgkove. 

Q. Mr. Hunt, you spoke of Dudley Alien and IMrs. Allen and Mr. Semar and 
wife and Gus Gillis, I suppose you know they have been residents of Alaska for 
a long time?—A. I know Mr, Semar has, I suppose Gus Gillis has. 

Q. And also Dudley Allen?—A. I don’t know about how long Dudley Allen 
has. 

Q. And your objection to their voting is simply based, in your opinion, that 
they were in the wrong precinct?—A. Yes. 

Q. Now, on that day, you say, this morning, that you and Mr. Deppe helped 
a number of voters to mark their ballots?—A. There were a few. I have been 
on several boards consecutively and I can’t distinguish between them; I think 
there were a few that day. 

Q. Now, do you recollect that among these were a number of Indians?—A. I 
don’t know, there were one or two Indians, but not many. 

Q. And you remember those Indians voted for INIr. Wickersham, did they 
I think I only recall two that we helped, they voted for Mr. Wicker¬ 
sham. 

(J. You helped .them prepare their ballots?—A. Yes; we helped them mark 
their ballots; yes, sir; they asked to have them marked. 

Q. Those Indians were brought in by Mr. Bob Oliver and Dale Hunt, your 
son? A. I don‘t remember Dale brought any in, nor Boh Oliver one, on that 
day he was in here all day. 

Q. Do you remember a conversation with Mr, Deppe, in which he said at 
that time, on that day, after several Indians had been assisted in marking 
their ballots by you and him jointly, they had been brought in by Mr. Oliver 
and Dale Hunt?—A. No. 

Q. And he was disgusted with the attitude of you and your followers, and 
that thereafter he wouldn’t assist any Indians; that you could handle .voiir 
own cattle?—A. Mr. Deppe made no such statement like that, nor nothing 
like that. 

Q. I understood you to say this morning that you had considerable respect 
for Mr. Deppe as a man?—A. Yes. 

Q. In your opinion he is honest?^A. I would trust him, even though against 
me. 

Q. He is a man who stands high in the community?—A. I thought he did. 

Q. You don’t remember you and he had such a conversation?—A. I do remem¬ 
ber he had made no such statement. 

Q. You do remember that there were Indians voted, two at least?—A. Two that 
we assisted, nothing done, just simply an examination at the table and then 
they went to vote; they wanted to know about marking the ballot, and I said, 
Deppe you go and help them, and he said you too. 

Q. And you remember those two voted for Wickersham?—A. Voted for 
Wickersham. 

Q. How many Indians voted that day?—A. I don’t remember, quite a number. 

Q. But those are the only two you remember having assisted?—A, Only two; 
most of them seemed to be capable of doing their own marking. 

Q. You wouldn’t say now with any degree of certainty wheGier you assisted 
any more than two?—A. I can’t remember more than two, 

Q. You might have assisted a dozen and forgot the other ten?—A. Nothing 
of that sort. 

Forest J. Hunt. 

Subscribed and sworn to before me this 11th day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[seal.] Will H. Winston, 

Notary PuMic for Alaska. 

DEPOSITION OF JOHN J. DURKIN. 

Mr. DURKIN, called and sworn. 

By Judge Wickersham : 

Q. Mr. Durkin, you may state your name.—A. John J. Durkin. 

Q. How old are you?—A. I was born in November, 1852—1st day of November. 
I will be 57 if I live until the 1st day of November. 

Q. You mean G7?—A. Sixty-seven, rather. 


92 


WICKELSHAM YS. SULZEE, DECEASED, AND GEIGSBY. 


(}. How long liavo yon rosidt'd in Alaska?—A. /V (inarter <)f a centnrj. 

Q. Where have you resided?—A. In Juneau and in the Yukon country, down 
Eagle country, over toward your counti-y two trips, over there one summer. 

Q. How long have you lived around Ketchikan?—A. I come to Ketchikan on 
January 6, 1900. 

Q. And have I'esided here ever since?—A. I have resided here and on tlie ^\est 
coast of IM-ince of Wales. I was a few years on the other coast. 

(^. What has been your husiness, Mr. Durkin?—A. I am a blacksmith by trade, 
hut not being satisfied with that, I took to chasing rainbows thought I ^\ould 
get rich quicker; I am a pros])ector and miner. 

Q. How long have you followed those occupations around Ketchikan?—A. ihe 


Avhole time I have been here. 

(}. Where do you reside now?—A. Over on Gravina Island. 

Q. How far away?—A. IMy place is 4 miles. Gravina Island is directly across 
the channel from Ketchikan. 

Q. Where do you reside over there?—A. Ilight on the beach. 

Q. Have vou a home there?—A. I have a home. 

Q. Have you land—claims of any kind?—A. Eleven mining claims. 

Q. How long have you resided there?—A. On and off for six or seven year.s— 


six years about. 

Q. Do you know Mr. IVilliam T. IMahoney, the United States commissioner in 
this district?—A. Not literally: I am acquainted with him: yes. 

Q. He is the recorder and justice of peace here?—A. Recorder and^ I nited 
States commissioner and clerk of the court, dejiuty clerk of the court, judge of 
the probate court. 

Q. How long liave you known him?—A. Well, now, I couldn’t give a definite 
answer to that; (piite a number of years; since he come here first. I think he 
worked for I‘at Gilmore when he first come, and the next time I saw him he was 


over to Sulzer. Six or seven years ago. 

Q. What was his husiness over there?—A. He was working for Dick Sulzer or 
Charlie Sulzer, as he was known. 

Q. You mean Charles A. Sulzer, who has been a candidate twice for Delegate 
to Congress for Alaska?—A. That is the sanie Sulzer. 

Q. What was Mr. Mahoney doing over there in his employ?—A. He was store¬ 
keeper and bookkeeper, I guess. 

Q. And do you know when he came to Ketchikan to reside?—A. I remember 
when he came to Ketchikan, but I can't tell you about the date. 

Q. What was his husiness?—A. He engaged in the drug husiness when he come 
to Ketchikan. 

Q. Do you know what husiness he is in now?—A. He is in the soft-stuff 
business and a dispenser of justice! ?). 

Q. 'What do you mean by soft-drink business?—A. He is a manufacturer of 
carbonated drinks. 

Q. Where, in the city of Ketchikan?—A. Town of Ketchikan. I guess his fac¬ 
tory is within the limits. 

Q. He manufactures soda water and other drinks?—A. Yes; they call them 
carbonated drinks, giving a different flavor to make different kinds—sold under 
different names. 

Q. You have known him intimately since he has been here?—A. Yes. 

Q. And officially?—A. We have been quite friendly. 

Q. When did you cease to he friendly?—A. When he started to impose on me—■ 
when he endeavored to exact fees that were not due him, and I resented it. 
Then he got arbitrary and got defiant. I sent some papers to him to he filed— 
some mining papers—and instead of filing them, as the law required, he recorded 
them, and the law had no application in Alaska; it was a general law passed by 
Congress. 

Q. I now hand you this letter, or copy of a letter, and ask you to look at it.—■ 
A. It is my handwriting and my composition. (See Exhibit B.) 

(Document handed over to Attorney Zeigler for examination.) 

Q. You wrote that letter?—A. Yes. 

Q. To whom?—A. To Judge Robert Jennings. 

Q. Why did you write to him?—A. I wanted him to know just how Mr. 
IMahoney was imposing on the holder of unpatented ground here, and that 
was my first intention when I started to write the letter. When I got warmed 
up I concluded I would give other information regarding the election, and I 
did so. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 93 


Q. You wrote that letter?—A. Yes. 

(}. Are the statements in it the truth?—A. True, true. 

Q. Wliat (lid you do with the letter after you wrote it?—A. After I wrote 
the letter I took it to a stenographer and paid her $2.50 for a few copies of it, 
and the work was so ridiculous I threw it aside. 

Q. Did you send the letter to Judge Jennings?—A. Yes. 

Q. When?—A. I sent a typewritten copy of that letter. 

Q. About the time it bears date?—A. I sent it to him, if I remember cor¬ 
rectly, the latter part of December. What date does it bear? 

Attorney Zetglek, Deceml)er 31. 

.Judge Wtckeesham. What year? 

A. 1918, and I received an acknowledgment. 

Q. Wliat furtlier happened; did you ever talk with Judge Jennings about 
it?—A. I did. 

INIr. Durktn (to Wickershani). Have you got the acknowledgment? 

INIr. WicKERSHAM. No. 

Mr. Durktn (to Winston). Have you got it, Mr. Winston? 

Mr. Wtnston. No. 

Mr. DurivIN. I received an acknowledgement, and he made an appointment, 
or rather requested me in this letter; he said, “I will be in Ketchikan to hold 
court on or about the 14th day of January; meet me there and make neces¬ 
sary affidavits.” 

Q. Did you?—A. I met him there; I met him on the morning of the 14th, 
.lust after the morning session or arguments had closed, and when he went to 
his chambers I stepped into the corridor and knocked at the door to his cham¬ 
ber and he came and opened it, and I said, “ Judge, I just received your letter, 
and I called to make those affidavits.” Turning his back to me suddenly, he 
said, “ I haven’t time to bother with that now.” I kind of urged the matter; 
I was insistent, insistent I guess it is obsolete. I insisted on having a 
hearing, and as he took a couple of paces from me, with his back to me and 
me standing near the door, I followed him up, and over his shoulder I said, “ I 
can't lay around here indefinitely; I have got work to do and I must d(> it; 
now, you fix a date suitable to your convenience and I will make it a point to 
be here.” Well, he stood there, hesitating a moment, and, as if conscious of of¬ 
fending me, he turned around and said, “ I thought you lived in Ketchikan.” 
I said “ I do when I have nothing to do, but when I have work to do I am 
away over on my place.” He said, “ You call here to-morrow afternoon at 1 
o’clock, and if I am not here you go in and help yourself to a chair.” 

Q. Well, go ahead.—A. Well, when he came I made the necessary affidavits 
and his stenographer took note.s. 

Q. Is that all there was to it?—A. Something yet to add. There was one 
portion of that letter that I wrote might require confirmation by other wit¬ 
nesses so as to leave no doubt in his mind that what I said was actually true; 
that was with regard to this black whore in the automobile; I said, “.Judge, 
there are three witnesses here; there were more present, but I will select three 
that will substantiate what I have swore to. One is Harvy Stackpole, Joseph 
Uhler, a mining and civil engineer, and the other man is a jailer up to the 
courthouse; J think his name is Hoffmeier,” and the judge said, “ yes, Hoff- 
ineier is his name.” The judge knew he was employed there. Hoffmeier en- 
tained the white whore who was in the automobile when the black one was» 
in voting. 

Q. Were you here on election day, November 5, 1918?—A. I was here. 

Q. In Jvetchikan?—A. In Ketchikan. 

Q. Did you see IMr. Mahoney that day?—A. I did, .several times. 

Q. What did you see he was doing that day?—A. Well, I saw him seeking 
wagers on the election in the hotel. 

Q. What hotel?—A. Stedman Hotel. 

Q. When?—A. On the forenoon of election da.v, 5th da.y of November, 1918. 

Q. Wbat was he doing or saying at that time?—^A. He was looking for 
wagers; he wanted to bet on the result of the election; he wanted to bet on 
Sulz.er. 

Q. What did he do or say?—A. To me? 

Q. In your presence?—A. Well, he accosted me. and he says to the gentleman 
with whom I was talking. “ Now, don’t take all .John’s money ; .John owes me 
$6..50, and I want to get that from him,” and that offended me. I owe money 
to no man; no living man can call on me for a dollar. So I gave him a roast¬ 
ing. 


94 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. What (lid you say to him?—A. I told him what I thought of him; I told 
him he ought to he digging sewers instead of being a commissioner. 

(). Let us contine ourselves to the matter of wagers in the hotel; did you 
hear him offer bets?—A. I saw him i)ut up money. 

Q. How much?—A, I’ut up different amounts with different people; I sup¬ 
pose in all possibly four or five hundred dollars. 

Q. Where was this?—A. In the Stedman Hotel. 

Q. How long before election?—A. The day of election; on the forenoon of 
election day. 

Q. Who else was there?—A. I might just as well mention some of the men 
he bet with; George Brown, Boh Heckman, {ind Sherd Schock. There was 
present a score or more, some of whom I didn’t know. 

Q. What was his attitude in the matter, was he talking?—A. He did con¬ 
siderable talking and he seemed like a man excited; just as you generally 
find partisans, very excitable. 

(}. Was he offering to bet people money?—A. Certainly. 

Q. And did he bet money?—A. And wanted to make a bet with me. 

Q. Did you see money?—A. Yes. 

Q. What other partisan acts did you see him doing that day?—A. He was 
very active with his automobile. 

Q. Where?—A, Both through this end of town and the upper end of town 
and Charcoal Point district. While I was up there I think he made no less 
than three trips. 

Q. Where from?—A. Down this way, from the town of Ketchikan. 

Q. ]Jp to Charcoal Pnint?—A. Yes. 

Q, What was he doing with his automobile?—A. Running people to the polls, 
I guess. 

Q. Did you see them?—A. Saw people in the automobile? 

Q. Yes?—A. Certainly. 

Q. Who did you see?—A. I didn’t know most of them; in fact, any of them 
except Charlie Sulzer. 

Q. Where was he going to?—A. Charcoal Point voting precinct. 

Q. Were you there at the time?—A. I was just leaving there, on the way 
down, half a block this side of the voting precinct, when they passed me up. 

Q. Was Mr. Sulzer in the automobile with him?—A. Yes, sir. 

Q. Going which way?—A. Toward the Charcoal Point voting precinct and 
then about a half block distant. 

Q. You spoke about some women being brought to the polls.—A. On the 
afternoon or evening of election day he had a character, known as Black Mary 
in this town, in his automobile, and if my memory serves me well, a white 
wench along with them. 

Q. Who is Black Mary?—A. She is a prostitute, running a house in the 
tenderloin, I understand. 

Q. Where did you see her?—A. Right in front of the polls, and in the auto. 

Q. Where were you at the time?—A. .lust below the bank. 

Q. Who else was in the automobile with her?—A. I think, if my memory 
serves me well, I think a white woman was with her, and after the black one 
left the automobile to come to vote this man Hoffmeier entertained the white 
woman with conversation until they got back, the black one got back. 

Q. Where did she come?—A. In here to vote, in this building. 

Q. Where was Mr. IVIahoney at that time?—A. He was toting her along to 
vote. 

Q. Do you know what Mr. Mahoney’s politics are?—A. I think every man in 
the town knows; I can say positively I know what his politics are. 

Q. He is a Democrat?—A. I shouldn't say; people like him are not Demo¬ 
crats; he would run democracy to hades. 

Q. Are you a Democrat?—A. Not of the type they are—the machine type 
existing in .Tuneau, Alaska. 

Q. Does it exist here in Ketchikan?—A. Here, in smooth running order here, 
^ tell you. 

Q. Who is part of this?—A. Mr. Mahoney is part of the official conveyance; 
some of the attorneys, too, Charlie [looking toward Attorney Cosgrove]. 

Attorney Cosgkove. You are apt to say anything, .Tohn. 

By .Tudge Wickersha]S[ : 

Q. INIr. Sharpe, United States deputy mar.shal?—A. Yes. 

Q. Was he taking an interest in the election?—A. I never saw anything un¬ 
becoming of Mr, Sharpe; I saw him on the street, chatted with him, saw him 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 


95 


talking with others: whether he was getting voters or what he had said to 
otlier people toward voting I know notliing al)Oiit it. 

Q. \\'as it alanit these matters and things you have been testifying to in 
regard to INIr. .Mahoney that you wrote Judge Jennings?—A. Just what I wrote 
about; yes. 

Q. You knew Mr. Mahoney was deputy clerk of the United States district 
court?—A. Yes. 

Q. His office is here in the courthouse?—A. Yes; and he is probate .ludgo 
and recorder and United States commissioner, as I told Jennings, he is a 
dispenser of justice in this end of the first district of Alaska. 

Q. As a Democrat you felt you had a right to make a complaint?—A. As 
ii Democrat I felt I had a right to complain, and as a Democrat I did complain. 

Q. As a Democrat you are telling your story riglit here on the witness 
stand?—A. Certainly. Judge Jennings told me when I was making my affi¬ 
davits ; “So many people comi)lain to me about officials, hut they tell me: 
‘Now, don’t mention my name,’ and I don’t know what to do with such com¬ 
plaints.” “Well, .Tudge,” I said, “I am not one of those people; any man I 
make a comiJaint against, bring him before me; I am always ready to meet 
him, and if he is not deserving of the complaint I won’t make it.” 

.Judge WiCKERSHAM. I ask to have this letter of IMr. Durkin's addressed to 
Judge Jennings, dated Ketchikan, Alaska, December 31, 1918, and signed by 
:Mr. Durkin, filed as an exhibit as a part of his testimony. 

Attorney Zeigler. As counsel for the contestee, I object to its admission 
on the ground the letter has no relation to the matter being tried here; it is 
incompetent, irrelevant, and immaterial. 

[Letter marked “Exhibit B.”] 


Exhibit B. 

Ketchikan, Alaska, December 30, 1918. 

Hon. Robert Jennings, Juneau, 

Judge United States Court, First District, Alaska. 

Dear Judge : I wish to bring to your notice some conditions, which, within 
your jurisdiction, requires your attention. The inclosed record will explain 
itself. Commissioner Mahoney had a charge of $6.50 for recording it, which 
I refused to pay, believing, as I still believe, that the charge was unjust, ex¬ 
orbitant, and unreasonable, and without any warrant of department ruling. 

As I do not ask any man to render me service without payment, I offered 
his a fee as iirovided, for filing location notices, to wit; One dollar for the 
first folio and 20 cents for each 100 words or fraction thereof thereafter, to¬ 
gether with 10 cents for each index, which he indignantly refused to accept. 
He even became abusive and told me, among other things, that I could have 
no more recording done in his office without paying the recording fee in ad¬ 
vance. Judging from his discourteous manner 1 guess the thought never oc¬ 
curred to him that he was a public servant and not a dictator. I concluded 
at the time to let the matter rest there, but later events have changed condi¬ 
tions and I have resolved to bring it to your atention. I thought first of 
writing the department at Washington, D. C., but later concluded the proper 
place to settle our little troubles was at home. 

You will first understand I have a grouping record of the claims, known 
as the “Alaska Tongass group.” The law does not require it, but I wanted 
it, got it, and paid for it, when ^Ir. Stackpole was commissioner. It is to this 
grouping record the inclosed notice is to or should apply. 

Whether or not there is a ruling providing a fee for the recording of such 
papers I do not know, but I have two very good reasons for thinking there 
is not. First, the attorney general, by office ruling, provides fees and the 
amount for all mine records, and neither he nor his staff, to whom he intrusts 
most of his business, would submit their intelligence and legal ability to ques¬ 
tion by a ruling providing a fee for recording an instrument claiming exemp¬ 
tion from annual assessment work under an act that does not exempt. 

You may think this pretty strong language for a layman. You may think 
it prompted by ignorance or conceit, but I do not. There is no legal acumen 
required, for any discerning man of ordinary intelligence, on perusal of the 
act, can see at a glance that it does not apply to or in Alaska. Alaska is not 
in the United States. It is merely a purchased possession and bears the same 
relation to the Feileral Government as do our insular possessions. The Fed¬ 
eral mining laws, by act of Congress, were extended to Alaska, but only 
.such mining laws as at the time existed. 


96 


WICKEESHAM VS. SULZEE, DECEASED, AND GEIGSBY. 


Tlioi‘{' was no provision made in the act for tlie application in Alaska of 
any additional Federal iniiuni^ laws that were to be enacted in the future. 
Alaska requires sp(‘cial lej^islation. Second, the act or resolution—valid or 
invalid—w.as pass('d for the sole purpose of divertiiiir the labor from annual 
assessment to snmethini? more (‘S'Cntial to the swift, effective, ami successful 
prosecution of the war, and not for otlici.al trraft. 

Professional and business men all over the Fnited States and its i)os- 
sessions, whoso education and vocational traininj; have made their time in¬ 
valuable, have ^iven of it freely and patriotically, without compensation other 
than the knowledge that they were assisting in the extermination of the 
greatest military evil that ever existed. How very different with Maiioney, 
whose education is less than mediocre, ami whose traiidng has been sadly ne¬ 
glected. With dormant reasoning faculties, the sellish and avaricious pro¬ 
pensities of the aininal predominating, he sits in otium cum dignitate ponder¬ 
ing on how productive' war measures are in a financial way. I do not criti¬ 
cize his patriotism, hut he surely has a queer way of manifesting it. 

I have two sons in France—the eldest of whom gave up a ])rofessional prac¬ 
tice in New York City as a surgeon worth more than .$8,000 i)er year—tighting 
for that tlag that Hies over the courthouse in which INIahoney is domiciled during 
office hours, while he (^Mahoney) endeavors to graft from the old man. Queer 
woi*ld, is if not? 

If the act he valid in Alaska, the exemption i-^ granted; then there is no fur¬ 
ther need of asking for that which we have. The ohligatoi'y i)art of the act is 
that we serve notice on the recorder of our desire to retain and continue in 
possession of the claims. Then that is what I wnuld call a notice of retention. 

When I mailed my notice of retention I was employed at North Arm, building 
a stamp mill, and on receiving it ^Mahoney wrote me as follows, which letter I 
have in my posse.ssion : “Dear .Tohn : I have received your proof of labor, etc.” 

Can it be po.ssible that that man does not know the difference between a notice 
of retention and a proof of labor? Does he not know that a proof of labor 
must be accompanied by an affidavit? Does he not know that in the affidavit 
lies the proof? If he does not know what its propounded in these questions, he 
is a misfit recorder and commissioner. Or is he knowingly and with intent 
classifying notice of retention as proof of labor so as to collect the fees provided 
for the latter? If so, he is dishonest, and his services .should be dispensed with. 

I tried to get a line on how he stood ()n these questions, but failed. It was 
impossible. I might as well try to reason in a mental way with a ^Missouri 
mule. I have met in my time many men and of various temperaments, but none 
to equal him. 

I do not believe there is this side of Hades a man more arbitrary, more dis¬ 
courteous, more unreasonable, or more autocratic than Mahoney. Why, he has 
the Kaiser beat a mile. 

Let us take a look into his personal conduct on election day. He was a Sulzer 
partisan. That is his busiiu'ss. I never (pie'stion any man’s politics. Thus far 
I have taken no active part in politics, Imt think I will have to begin pretty 
soon. I am a Democrat and have voted the Democratic ticket for 4.") years— 
when I was where I could vote. Democracy, since its inciihency in the Finted 
States, has l)een hamh'd down in my family as a legacy; but not tbe Democracy 
of the Snlzers. I know “ Dick ” and his brother, “ Windy Hill,” longer and 
better than any man in Alaska, and of them can say nothing commendable, but 
a whole lot otherwise. By the grace of Tammany “Windy Bill ” held political 
office for more than 2.5 years. When he thought he could stand up without 
assistance in a political way “ he bit the hand that fed him.” A dog would not 
do that. But Tammany fixed him plenty. Now he is a political outcast. 

“ Dick ” is a chip off the same block, and it will be only a short time until he 
goes the way of the. deposed governor of New l^ork. Mdien he makes his exit 
the Democratic Party in Alaska will chant no requiem. 

But I am digressing. Let’s return to the subject. About 10 o’clock election 
day I entered tbe Hotel Stedman lobby. INIahoney and perhaps a dozen other 
men were there. INIahoney held several bank notes in his hand, which he 
wanted to wager on the election, and did in my presence make a few bets, 
amounting to .$100 or more. He then appi-oached me and wanted to make a bet, 
saying at the same time that I owed him $0.50, and he wanted to get square 
with me. For a moment 1 felt like giving him a sound thra.^hing, but the 
young blood of days gone by was held in check by the maturer judgment of 
years. Then' is no dcMibt of my ability to administer a physical chastisement, 
l)ut instead I gave him a tongue thrashing that he will not soon forget. Dumb- 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


97 


founded inider the verbal onslaught, he wilted like a wet rag. That was one 
time he sowed the wind and reaped the whirlwind. A nice tix for a magistrate. 
How can people respect such a man? What do you think of him as a dispenser 
of justice in this end of the tirst division? Sworn to enforce the law, yet openly 
and detiantly gambling and by solicitation inducing others to do "the same. 
Does his oath of office imply or impose no obligation? Has it no sacredness? 
Or is it merely analogous to the Kaiser’s treaty with Belgium—just a scrap of 
paper? How can he conduct a hearing in his court, other than a farce or 
travesty, if the jurors and witnesses to whom he administers an oath take the 
same view of it that he does? 

On the afternoon of election day he drove his auto down to the tenderloin 
district and brought up one of the unfortunates—known in the town as Black 
Mary—to vote. He never stopped to consider the impression her presence 
would have on, or insult it offered, the sensibilities of the respectable suffrage 
voters at the polls. He didn’t care. Why should he? A United States official 
on a rampage, that cared naught for his oath of office. AVith no respect for 
himself, why should he care for the feelings of others? I wonder what his 
wife—a good little woman—would think of him if she saw him carting a black 
prostitute around in his automobile or what excuse he would offer for his 
conduct. 

Such ignominious demeanor is intolerable and inexcusable. When a United 
States official that should merit the respect and conffdence of the community 
will so degrade himself in the eyes of the public, bringing disgrace and re¬ 
proach on himself and the office he holds, then I say the man and the office 
are incompatible, and as a citizen and resident of this community, I respect¬ 
fully ask his removal. I am not the only one who desires his removal. The 
large majority of the public are dissatisfied. And why should they not be, 
to have a bonehead thrust upon them to satisfy the political ambition of an 
insufferable little creature who has no more respect for the desires of his 
constituency than a cat has for the life of a mouse. The transportation bill 
and the fisheries bill are samples of his deception, and this much-discussed 
exemption bill is a sample of his incompetency. If he had the knowledge or 
foresight and the desire, just a few words when there was no opposition would 
make the bill applicable in Alaska. But as it now is, if there were discovered 
in Alaska and held by location such rich gold quartz and copper properties as 
are in California, Nevada, Arizona, and Colorado, the country, large as it is, 
would be overrun with relocators and claim jumpers. A reign of terror would 
exist, and the courts would be so congested with civil suits over possession, and 
criminal suits ranging from assault and battery to murder, that the court 
calendars would not be exhausted or “ clean ” for the next 10 years. That 
would be the productive result of incomptency. If I am not careful, digression 
will become lud)itual, so I must wake up and return to the main subject. 
Since you are the appointing power, to you Mahoney is responsible for his every 
official act and in a great measure for his unofficial conduct. Then, to you the 
public will look for relief when any act of his is discreditable to the community 
or brings reproach on the office he holds by your grace. The public here know' 
that you did not appoint him on your own initiative, for he has made that 
plain on a few occasions by saying, “ That he wais under no obligation to you; 
that Sulzer got him the job.” Can that be beat for impudence? I desire to ask 
one question and then w^e wall forget Alahoney, at least, for the present. Does 
his conduct redound to your credit? No. Then, wdiy not let him out? 

I hope your honor wall not find my letter tiresome; that you will not con¬ 
sider it a display of passion or vindictiveness, but a conscientious statement 
of facts as I know' them, and that I am actuated by no other motive than a 
just conception of how' an official should deport himself to be a credit alike to 
;the community, the ofiice, himself, and the party that placed him in position. 
Whether or not he has met these requirements, I respectfuly submit to your 
consideration. Any information you may give me concerning recording fees 
w'ill be thankfully received. 

Believe me sincerely, 

Yours, etc., 

John J. Durkin. 

p. s.—There is nothing contained in this letter that I would not have the 
pubiic know'. I reserve right to publish the same if at any time I should so 
feel disposed and, of course, the same privilege is conceded you. 

Durkin. 

151279—19-7 



98 


WICKERSHAM VS. SULZER, DECEASED, AXD GRIGSBY. 

I5y Attorney Zeigler : 

Q. How lonj? liuve yon lived here, Mr. Durkin?—A. I came here from 
Juneau and landed in Ketchikan on the 6th day of January, 1000. 

(>. You came liere in 1900?—A. To this town on the steamship Derigo. 

Q. You have 1)een living; around Ketchikan since 1900?—A. In this vicinity, 
I have said I lived part of the time, a few years on the west coast of Prince 
of Wales. 

Q. And since you came here in 1900 yon stated, I think, that you were a 
Democrat?—A. Certainly a Democrat, and to-day. I see no difference between 
a g:ood Democrat and a good Uepuhlican; can you tell me the difference? 

I don’t contend there is any, or a good Socialist. And sinc'e that time 
you have been voting the Democratic ticket?—A. When I was where I could 
vote I always voted the Democratic ticket if the candidate come up to my ex¬ 
pectations. If I thought he could fill the hill and was a worthy man he would 
get my vote, if not I would cut him out. 

Q. Did you e\er have any business transactions with Mr. Sulzer?—A. Well, 
I don’t know that I did have any great business transactions. I had some 
mining property and the Alaska Industrial Co. claimed it. 

Q. And Mr. Sulzer was connected with that company?—A. Y'es; the Sulzer 
family owned it but never paid for it. 

Q. What was the nature of the business transactions with him?—A. I had 
some mining property on Beaver Mountain, and I had a mill site on the 
beach at a place called Shellville, known as Shellville when I located there, 
hut AVilliam Sulzer come along and he met Shellhouse, and he said : “You see 
that big mountain up there?’’ Shellhouse says: “Yes.” “What do you call that 
mountain?” and Shellhouse said: “That is called Granite Mountain,” and 
Sulzer said: “When the Geodetic Survey comes here have them call that 
IMount Sulzer.” They called this town Sulzer, so they called it Sulzer ever 
since they located a homestead there. 

Q. What is the object of you telling us at this time, in answer to my ques¬ 
tion, the statement you have just given about Mr. Sulzer wanting to call the 
mountain Mount Sulzer, and of the town of Sulzer?—A. If my answers didn’t 
suit, why didn’t you call me down on it. 

Q. I am asking you to explain it.—A. So that you would understand what¬ 
ever difficulties, if there were any, between the Sulzer family and myself. I 
located, as I had stated previously, a mill site at Shellville, or Sulzer as it is 
•called now, and the Sulzer people located a homestead and included my mill 
site. I sent an adverse claim, adverse tiling to the land office, and I stood them 
off’, I didn’t employ any counsel, I couldn’t afford to; I didn’t have a nickel. 
They then brought up additional soldiers’ scriji, and they made a relocation of 
40 or 80 acres, whatever the scrip would permit, and I bucked them again 
with another adverse tiling, because they included my mill site, and I went down 
to Charlie Sulzer, when I saw notice of their claim to a town site, and I 
said, “ Charlie, are you aware you have got my mill site included in your 
town site? ” He said, “ I didn’t know you had a mill site here,” and I said, 
“The hell you didn’t; you passed that cedar tree a thousand times where my 
notice is posted.” “ Well,” he said, “ when did you locate it? ” I says, “ I 
located that when you were wearing knickei'bockers back East,” and he run 
out <ff the store into the office. 

Q. He ran?—A. Yes; there wasn’t much room to run ; he made his exit. 

Q. AVhy did he run?—A. Because he wanted to evade me, my tongue. I was 
going to tell him what I thought of him. In addition to what I have told you, I 
intended to tell him that he was telling me a lie, that he had consulted Aaron 
Shellhouse previously and wanted to know of him whether I would care if he 
took my mill site or not. 

Q. You say he ran because he wanted to avoid your tongue?—A. There was 
only 8 or 4 feet, the counter, as I remember the store at that time, was all 
along the length of the partition, over close to the partition that separated 
the storeroom from the office, and there was only a few feet to step from the 
store. Since then they have rearranged it; I was over there since they re¬ 
arranged it. 

Q. Had you ever had any trouble with Mr. Sulzer before that time?—A. 
Always friendly. 

Q, On this occasion he ran out of the store because of fear of what you were 
going to say to him?—A. I suppose so; he wanted to get away from me, he 
didn’t want to hear me. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


99 


Q. ill you stiite whether or not Mr. Sulzer knew what you were going to 
say to him?—A. I guess so. Charlie was a sort of a snake in the grass; Charlie 
knew a good deal and yet didn’t know much. 

Q. The fact he is dead makes it very hard to dispute anything that is said 
now? 

Judge WiCKEKSHAM. I ohject, because it isl not cross-examination. Mr. 
Zeigler has made up this controversy himself. 

Attorney Zeigler. I am just going into this trouble which he related himself 
that he had with Mr. Sulzer; I want to find out- 

Attorney Marshall. He said nothing about trouble; you have brought out all 
the trouble. 

Attorney Zeigler. It is perfectly proper in this examination to get his state 
of mind, the man who is testifying. 

By Attorney Zeigler: 

Q. I understand then that you had considerable trouble over at Sulzer with 
Mr. Sulzer?—A. I never had any trouble with Sulzer, except that matter when 
I told him when I located that gixmnd because I knew he was telling a lie. 
I said I located it when he was wearing knickerbockers back East, and he made 
a hurried exit. 

Q. And because of that episode you said Mr. Sulzer was a snake in the 
grass?—A. Not because of that. 

Q. You never had any other trouble with him?—A. I didn’t, but other people 
did. What do you think I am—a milepost without any powers of circumspec¬ 
tion or observation? Do you think I don’t notice what goes on? 

Q. I imagine you are pretty observing.—A. At times. 

Q. Now, IMr. Durkin, were you at any time a candidate for the office of United 
States commissioner at Ketchikan?—A. I don’t remember being a candidate. 

Q. Did you ever put in an application?—A. I never did. 

Q. Did you ever talk with anyone about it?—I did. 

Q. To whom?—A. Charlie Cosgrove. 

Q. To anyone else?—A. No. 

Q. No one else?—A. No; that is a good many years ago, that is, when Jen¬ 
nings was first elected or got his appointment. 

Judge WicKERSHAM. About six years ago? 

A. About six years ago. 

Q. Judge Jennings had the power of appointment for this position?—I be¬ 
lieve so . 

Q. And will you state wdiy you went to Mr. Cosgrove instead of to Judge 
Jennings?—A. Because, I don’t know exactly, I thought Charlie had quite a 
pull in this end of the first division and Charlie told me he didn’t think Stack- 
pole would be removed. I think he asked me if I would take the commissioner- 
ship in Petersburg. I said “ No; I don’t want to leave Ketchikan; my interests 
are here.” I think that talk occurred between us. 

Q. And you wanted that position if you could get it?—Yes; I would take it 
if I could get it, and who wouldn’t take it, and who would object to a sinecure? 

Judge WICKERSHAM. Certainly no deserving Democrat would. 

A. No. 

Q. As a matter of fact, Mr. Durkin, they sometimes fight over sinecures?— 
A. When it requires fighting cut me out; I am no fighter. I quit the ring and 
passed in my gloves a long time ago. If you met me about 25 years ago I just 
as soon fight as eat. 

Q. After you had had this talk with Mr. Cosgrove, seeking this appointment, 
Mr. Mahoney was appointed, wasn’t he?—A. Years after; I never spoke to Mr. 
Cosgrove a second time. Never spoke to anybody a second time about it. 

Q. At that time Mr. Stackpole was the incumbent in the office?—^A. Yes, sir. 

Q. And when Mr. Stackpole retired from the office or was removed, Mr. Ma¬ 
honey was appointed?—^A. I don’t know anything about that. I don’t know 
whether Mr .Stackpole retired or was removed, and I don’t remember exactly 
when Mahoney was appointed. 

Q. Do you know whether anybody acted as commissioner except Mr. Mahoney 
and Mr. Stackpole since Mr. Stackpole was in offSce?—Yes; I think Mahoney 
went away on a vacation and Dr. Storey acted as commissioner for a little 
while, a few weeks or a month, maybe two months. 

Q. You don’t remember, then, whether or not Mr. Mahoney’s arrival into the 
oflice was after Mr. Stackpole?—A. No; I do not. 



100 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You remember about this substitution, clearly, of Dr. Storey?—A. That 
happened this spring; that was during a vacation. 

Q. Now, Mr. Durkin, you have testified about a letter that has been intro¬ 
duced over our objection, that you wrote to Judge Jennings; what was the 
primary cause for you to write this letter?—A, The prime cause was this: I 
felt satisfied—remember I am no lawyer—I felt satisfied in my own mind that 
that act or resolution passed by Congress cutting out assessment work for the 
years 1917 and 1918 on unpatented mining claims had no effect in Alaska. I 
even went down to Seattle and I went to work for $8 a day, and I threw up 
that job worrying about this place, that somebody might jump it. You have 
my prime motive. 

Q. Just state what happened after.—A. Then I wrote to Jennings for in¬ 
formation, to see whether he would confirm my opinion or not, and he told 
me when he took my deposition, he says, “ Mr. Durkin, I agree with you; you 
are right, llemember, now, this is my private opinion, it is my private opin¬ 
ion,” he repeated it to me two or three times to impress it upon me that it 
wasn’t a public opinion. I said, “ I am aware of it. Judge; if it come before 
a court then you could express a public opinion.” I have told you. I wrote 
for information and I got it. He told me this law, if it had an application'to 
Alaska, only requires the filing of those papers and not the recording of the 
papers, and there is no fee provided for them. He said, “ We have a fine young 
man as commissioner in Juneau,” I think he said his name was Burton, and 
when I received your letter I immediately sent for him. He told me that he 
had written to the department regarding fees for the filing of those papers 
and the department, the Department of Attorney General, they never answered 
his letter. “Well,” I said, “why should they?” If they should answer his 
letter and tell there was no fees to be charged and that the law had no applica¬ 
tion, if there was rich mining ground like down in the States the people would 
be murdering each other. They used a little discretion, a little wisdom, when 
they didn’t answer his letter. He says if Mr. Mahoney thinks you owe him 
anything let him sue, and in that way, to me, that he could give a public 
opinion. Those are Jennings’s words to me. 

Q. The reason for writing this letter was owing to some difficulty that you 
had with Mahoney over recording?—A. I never had no difficulty before or since 
with Mahoney; our only difficulty was over filing of these papers, and he re¬ 
corded them and the law requires filing and he wanted to charge me $6.50; I 
had a group of eight claims and an odd claim at that time and he wanted to 
charge me $1.50 for the first claim and then a half dollar for each additional 
claim in the group besides for one odd claim $1.50 making $6.50. He recorded 
those as proof of labor. I said I sent no proof of labor; proof of labor must 
be accompanied by an affidavit. How could I make an affidavit that I per¬ 
formed labor when I did not perform labor? This act don’t require performance 
of labor, consequently requires no proof. 

Q. That is the same act you believe is no good?—A. I am positive about it. 

Q. Did you do work on your claims?—A. Me; I immediately went on my 
claims and I am there now. 

Q. Did you do work that year?—^A. Yes. 

Q. You didn’t file proof of it?—A. No; never filed proof. I have been on 
claims 20 years and never filed proof of my work. Properly a proof of labor 
does not furnish prima facie evidence that the work has been done, I will 
put it plainer, if I filed a proof of labor and somebody comes and jumped my 
claim, I would still have to prove to the court that I did work. The proof of 
labor wouldn’t furnish any evidence. 

Q. You never have filed proof of labor? 

Judge WiCKEESiiAM. I want to make further objection to this discussion of 
the legal proposition. I didn’t ask anything about his opinion in respect to his 
mining claims and it doesn’t add anything serviceable in the case. 

Attorney Zeigler. This is the party [indicating Mahoney] that the gentle¬ 
man is testifying against. I am not fighting Judge Mahoney’s battles. I am 
getting at his motive and feelings. 

Mr. Durkin. I believe I will be a little conservative in my answers. I think 
they are taking a whole lot of your 40 days, Judge. 

Attorney Zeigler. Answer this question yes or no: Owing to the fact that 
there was some difficulty about some recording fees with Judge Mahoney there 
arose some feeling in your mind against him, did it not? 

]Mr. Durkin. Well, INlr. Winston, can other men in this room be put on the 
stand? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 101 

Judge icKERSHAM. No; you are the only witness oii the stand. 

Attorney Zeigler. You are the only witness. 

Mr. Durkin. No. 

Judge WiCKERSHAM. Just a moment, if you want to make any explanation. 
Mr. Zeigler is a very astute lawyer and if there is any explanation to the re¬ 
mark he can make his own explanation. 

I Burkin. As you say, owing to the fact a little dispute between us over 
those fees, you want to know if that actuated me in reporting him to Jennings? 

Attorney Zeigler. No ; read it again. 

[Question read again by stenographer.] 

Mr. Durkin. No; is that direct enough? 

Q. And outside of this time there was never any pretension of any trouble 
between you and Judge Mahoney?—A. Never. 

Q. Never any at all?—A. Never. 

Q. And you had no occasion for any animosity or illfeeling toward Judge Ma¬ 
honey?—^A. No. 

Q. Absolutely not?—A. Absolutely not. 

Q. Then, after that episode, which you saj" caused no illfeeling on your part, 
you wrote the contents of “ Exhibit K,” consisting of 10 pages, to Judge Jen¬ 
nings, complaining of Judge Mahoney, did you not?—A. Yes; as a matter of 
information; I was not actuated by any mailce or anything else. 

Q. I understand you, then, Mr. Durkin, you were not actuated by mailce or 
illfeeling?—A. INIalice nor illfeeling. 

Q. Permit me to ask you if you were not influenced or actuated by some other 
person in writing this letter?—A. I am my own keeper, I am under no man’s 
influence. 

Q. Now, later on, when Judge Jennings came down here, you went to see him 
regarding this letter?—^A. By appointment. 

Q. At that time Judge Jennings told you, as you have stated, that many 
people come to him with complaints against otticials, and if you had anything 
to charge or an 3 ' charges to bring against Judge Mahoney to make an affidavit 
to them and he would consider them?—A. Not in those words. So many people 
complain to him about officials, but thej' all tell him, “ Don’t mention mj'- name ”; 
that was what Judge Jennings said. I said, “ When I make a complaint, men¬ 
tion my name; bring the people before me.” 

Q. And you offered Judge Jennings-A. I made the affidavits. 

Q. That he requested?—A. Yes. 

Q. He requested you to make the affidavit?—A. Yes; he requested. 

Q. And acting on that request, you did so?—^A. Yes. 

Q. And in those affidavits you made numerous charges, did you not?—A. Cer¬ 
tainly I made some charges; w^ell, what of it? 

Q. Will you state what they were?—A. I thought I did state right along. 
You will find them here [indicating Exhibit B.] 

Q. You didn’t put all this in your affidavits?—A. Not all; no; but 1 put 
ever.vthing th.at Jennings asked me from that letter; that is the original, too. 
Jennings asked me questions from the original and I answered them all just 
as thej' are written. 

Q. We haven’t the affidavits here, Mr. Durkin. I would like to have you tell, 
as near as 3 'ou can, just briefly what the affidavits stated; don’t hesitate.— 
A. I will tell you; now, what do I care about it, what any man knows? I told 
Jennings regarding Mahoney, about this gambling business, and you have 
already heard that; it is repetition again. I told him about bringing Black 
Mary here to vote. I don’t think I told him about the other prostitute in 
the wagon, in the automobile; she was there all the same; and I mentioned the 
names of those three men to substantiate what I have sworn to. I told him 
more; if I looked over that I could tell you more. I said there don’t seem to 
be much respect for Mahoney in this town; jmu may judge of what the people 
think of him by what was put on the screen in the Liberty Theater; there was 
put on the screen there, “ Moonshine at the Ketchikan Soda Works ”; he is the 
manufacturer of soda at the Ketchikan Soda Works. He said, “ Why, some 
people pay for advertisements of this kind.” I replied, “ Yes; but Alaska was 
a dry Territory, and since it was I didn’t think anj^body would pay for adver¬ 
tising like that.” The people that run the shows must please the people if they 
want the people’s patronage, and to please the people they put this thing on the 
screen, “ Moonshine at the Ketchikan Soda Works,” and that certainly did, 
because the house was full the next night. But I said I don’t know whether 
Mahoney handles booze or not; I am a wet man. 



102 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you think if he were selling moonshine in his soda works he would 
advertise in the moving-picture show?—A. I know he wouldn’t; he didn’t; 
Jack Barbour put that on to please his patrons, because those patrons had no 
use for Mahoney. 

Q. What else in the affidavits?—A. x\s you had deflected me temporarily when 
you asked me those questions [Durkin takes the letter and looks it over]. 
You .see here one i)lace I say I do not criticize Mahoney’s patriotism, but he 
has a queer way of manifesting it. What do you know about that? 

Q. I am asking you if that is all the charges you made in these affidavits.— 
A. I made every charge in here, every question by .Jennings. 

Judge WiCKEKSHAM. Ill where? 

Mr. Durkin. In this letter. 

By Attorney Zeigler : 

Q. The contents of Exhibit B?—A. Call it what you wish. 

Q. And you made all those charges in the affidavit and swore to it?—^A. Every 
question he asked me as to this exhibit I answered in the affirmative; I stood 
on oath. 

Q. And you swore to the affidavit, didn’t you, before a notary, who took your 
oath?—A. The stenographer, I guess, or judge; seems they were both swearing. 

Q. Everything you said in the affidavit was true, INIr. Durkin?—A. Everything 
I said in the aflidavit is true, and everything I told you here is true. 

Q. Then after signing that aflidavit why did you write a letter to Judge 
.Jennings retracting everything you had said in the affidavit?—A. I did not 
retract. . This was what I wonted to get in. I wrote a letter the morning I 
left here and gave it to .Jennings on the street. I told him everybody seems 
to be down on the under dog. I lirst thanked the judge for the kind interview^ 
or audience, and it wasn’t kind by any means, Imt there was no use me kick¬ 
ing. I didn’t expect any relief and I didn’t get any relief. I made my com¬ 
plaint and I knew it would lay there, but it is always best to be nice. In 
that letter—a short letter, one-half page on hotel paper—I said I thanked him 
for his kind audience, and I says, “ Everybody seems to be down on the under 
dog, and now if Mahoney will apologize to me as publicly as he offered the 
insult in the hotel I will willingly withdraw those charges against Mahoney.” 
I wanted to show that I was not actuated with malice. 

Q. Was not actuated hy malice?—A. If I was actuated with malice I 
^^'Ouldn’t have consented to do it. He might have gone down on his knees; 
it would have availed him nothing. I am very-glad you asked me that ques¬ 
tion. There was no maliciousness in it. 

Q. Now, Mr. Durkin, didn’t you state in that letter to Judge Jennings this: 
You realized the motives of the people c-onnecteil with those charges and that 
you were not going to be made the goat for them?—A. No, sir; I did not. 
Charlie read the letter. Put him on the stand here to contradict that. 

Judge WicKERSHAM. I object to any interrogation about this letter. Have 
you got this letter, Mr. Zeigler? 

Mr. Cosgrove. No. 

]\Ir. Durkin. It was just a letter intended to show I wasn't actuated by 
malice; that is the head and tail of it. 

By Attorney Zeigler: 

Q. And that is the reason you wrote the letter?—A. To show I was not 
actuated by malice. If I was, a man who would do me an injury, I couldn’t 
forgive him and be malicious toward him. because the two can not exist to¬ 
gether—forgiveness and maliciousness. They are incompatible. 

Q. Now. Mr. Durkin, at the time you gave this letter to INIr. Cosgrove, didn’t 
you?—A. I had Mr. Cosgrove read it. I showed it to him because I knew he 
was a friend of Mahoney’s and thought, expected it would reach Mahoney 
that I was not malicious. 

Q. And you had a little conversation with Cosgrove about the matter?— 
A. Yes. 

Q. And you said to him. substantially, that you realized the motives of the 
bunch that wei’e making this tight against Jennings and Mahoney and you 
didn't care to be identified with them; think that over.—A. I think I made a 
remark sonuThing of that kind. I believe that I intimated or said that some 
were objecting to Mahoney without having any good reasons for doing so; that 
they were actuated hy malicious motives. I didn’t believe they had any proof 
or reasons, and I didn’t consider, that they knew anything about his business 
as commissioner, .so I wouldn’t be connected with them. 


WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 103 


Q. You didn’t want to be identified with that bunch?—A. That is right. That 
again shows I ^^'as not malicious. Keep on that line; that is very good. 

Q. You can give other explanations along that line?—A. I ani here to an¬ 
swer your questions. 

Q. You said in answer to Mr. Wickersham that on the day of election you 
saw Judge Mahoney carrying Sulzer out to Charcoal Point?—A. I saw Sulzer 
in Mahoney’s gas wagon going up to Charcoal Ihunt, and others in it. He 
made two or three trips and passed me going up on the road. 

Q. May I ask you why you testified at this hearing to the facts you saw?—A. 
I was seeking that question. I think I answered that question. You refresh 
your memory. 

Q. Mr. Durkin, Mr. Sulzer was a candidate for election on that day?—A. 
Y'es; and he was elected, too. 

Q. And in your opinion, wouldn’t he he just as interested as Mr. Wicker¬ 
sham?—A. I think he would he more interested than Mr. Wickersham; but I 
think honesty counts. I don’t think Mr. Wickersham would want to vote 
where he wasn’t entitled to vote; and Sulzer, I understand, got his vote in 
where there was no objection ; where there were two men on the same party, 
two men that the machine could handle. He was turned down here. 

Q. Were you present at the time?—A. No; hut I heard Hunt testify. 

(.}. And Hunt was one of Wiekersham’s strong supporters?—A. Mr. Hunt 
likes a square deal. 

Q. You wouldn’t call Mr. Hunt a partisan at all?—A. No; I wouldn’t call 
Mr. Hunt a partisan. 

Q. Notwithstanding, do you think there is anything strange about the fact 
that Mr. Sulzer rides around with Mr. ]Mahoney on that day in his automo¬ 
bile?—A. I didn’t say anything strange; I simply said I saw him. Does that 
satisfy you? 

Q. If that is your explanation.—A. If you want to know more, you will have 
to ask ]Mahoney, because Sulzer is dead. 

Q. You don’t know, Mr. Durkin, as a matter of fact, whether or not Sulzer 
was at the polling places in Ketchikan several times that day?—A. No; I sup¬ 
pose he spent a g<K)d deal of his time in the hotel; Charlie was inclined to he a 
little lazy, ever since I first knew him. 

Q. And yet he would-A. And he could wear out the seat of a pair of 

trousers quicker than he would a pair of shoes. 

Q. And yet manifest more interest than Mr. Wickersham in the election. 

Judge Wickersham. I don't,think Mr. vSulzer ought to he discussed in this 
manner. 

Attorney ZEroLEK. I do not believe he ought to he referred to as a snake in the 
grass. 

Mr. Dt’rkin. jVIayhe I am to blame; they are trying to have a little fun with 
me, and I think in the end they will he the goat. 

By Attorney Zeigeer : 

Q. You have been laying considerable stress on the fact that Judge INIahoney 
made some bets on election day—attempted to?—A. Yes. 

Q. If you would see the ordinary citizen around town, you wouldn’t consider 
it any crime to bet on election?—A. No. 

Q. You bet on it yourself?—A. Yes. 

Q. You bet on Mr. Wickersham?—A. Yes; certainly; that question I wasn’t 
obliged to answer, but I will do it to accommodate you. 

Q. You certainly were obligtM to answer. And Judge IMahoney won one of 
your wagers, didn’t he?—A. No, sir; wagers are never won while a contest is 
pending. 

Q. He got the money?—A. I don't know about that; the stakeholder is respon¬ 
sible, some one told me; I didn’t bet with Mahoney. 

Q. Outside the fact that Judge Mahoney was holding a judicial office at that 
time, there was no; greater degree to his crime than to yours?—A. I am no 
angel; no; Mahoney is employed to suppress gambling; he is encouraging it. 

Q. You have been talking about the Democratic machine; did you ever see a 
political party that didn’t work very vigorously for the success of their candi¬ 
dates?—A. I have seen political parties work very vigorously and very honor¬ 
ably, and not here in Alaska. 

Q. You were working very vigorously for the success of the Wickersham 
paPt-y 7 —A. My letter wilfanswer that question; I say in it to Judge .Tenniiiirs, 
“ Thus far I have taken no hand in politics, but think it about time to begin.” 



104 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

That was on December, 191S?—A. 31st of December. 

Q. 1918?—A, That was after election. 

Q. And you had no interest?—A. No active part. 

Q. Up to December 31 you liad taken no active part or interest in the elections 
in Alaska?—A. The election was hehi on the 5th of November; I took no active 
part in it; stretch the date to December; what good does it? The election was 
over when the polls closed. 

Q. At the election the 5th day of November you voted for Mr. Wickersham?— 
A. That is an affair of mine. 

Judge A\Tckeksham. 1 object, because I didn’t ask him anything about that. 

By Attorney Zeigler; 

Q. Leaving out how you voted, you did bet your money on Mr. Wickersham?— 
A. When I bet I bet to win. 

Q. You are not trying to create the impression that you didn’t vote for Mr. 
Wicke)’sh:im?—A. That is for me to know who I voted for. I have answered 
most of your questions. 

Q. Your answer is you did not manifest any interest?—A. If it isn’t a little 
forward, my answer is I manifested no interest. 

Q. Dr take any active part in any election up to December 31, 1918?—A. Up 
to election day and until the polls closed I took no active part in the election, 
understand. Are you satisfied with that? 

Q. I understand; and you manifested no interest?—A. I took no active part. 
In my letter I stated I think it time to begin. 

Q. Is it here you manifested no interest?—A. What do you mean my mani¬ 
festing ah interest? 

Q. I am asking you ; in your statement you said that you had no interest.— 
A. AVhat do you mean by manifesting an interest? 

Q. Working for AVickersham ; trying to get votes for him.—A. I just told you 
I took no active part. 

(y And you were not interested in the outcome?—A. I showed no activity. 

Q. You didn’t care whether Mr. AAdckersham won or Mr. Sulzer?—A. That is 
an affair of mine, sir. Are you done with me? I am not getting tired, but-- 

Q. AA'ell, isn’t it a fact. Air. Durkin, that since you had an idea—an ambition— 
to become a United States commissioner that you lost all interest in politics as 
a Democi-at?—A. I have an idea—I have an ambition—to become President; do 
you thiidv I am young enough? I will always have ambition. I was born with 
ambition, and I hope to have ambition until I turn up my toes. A man without 
ambition is no good, worthless, ought to be thrown on the scrap hea]). 

Q. Isn’t it a fact. Air. Durkin, that you became very much dissatisfied with 
the condition of affairs inasmuch as the Democratic I’art.v had not offered you 
some position in this division?—A. Now, sir, I can’t answer that question until 
.vou put it in a legitimate way. You say isn’t it a fact; turn it to is it a fact, 
and then I will answer your question. 

Q. I will do it any way to suit. Is it a fact that since the Democratic Party 
did not offer you a position that you became very much dissatisfied with the 
Democratic Party?—A. No, sir; emphatically, no. If I held office under the 
jjarty in Alaska to-morrow I would resign. I could not tolerate such a regime. 

Q. Now, about this recording that you say there was some little difficulty 
over; it happened about a year before you wrote that letter?—A. No; not a 
year before I wrote it. I was employed building a stamp mill at North Arm 
for the Complex Aline. I w^as first employed as a blacksmith, and then they 
wanted to know if I undersfood construction work, and I said yes, if you give 
me the plans I will put up the building. So I did. I sent over that notice— 
notice of retention, what I would call it, not proof of labor—and after I mailed 
it there was a disappointment in the boat. The boat didn’t come in through 
stormy weather. However, it got over here in January, a few days after the 
new year, but it was mailed in time to get here before the 1st of January, and 
I continued working then until Alay, and when I come in I come up and saw 
Alahoney, so that wasn’t a year. 

Q. It was the 1st of Alay?—A. No; it wasn’t. It might have been the last of 
Alay or middle. 

Q. Alonth of Alay?—A. I think it was the month of Ala.v. 

Q. Now, Air. Durkin, at that time did you feel as though he had singled you 
out to make you the victim of high fees or whether he charged that fee to 
everybody?—A. I was arguing my cause with him. not anybody else’s. He 
wanted to overcharge me; in fact, he wasn’t entitled to anything, and I said 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 105 

“I don’t ask anybody to work for me for nothin.” I throwed $1.30 on the 
counter and he refused to take it. 

Q. At the time you didn’t feel he had singled you out among all the rest of 
the people for overcharge?—A. I didn’t give any consideration to anybody else, 
only myself. I was there to look after myself. 

Q. I will ask you if you didn’t know that charge was made by practically all 
the commissioners?—A. I didn’t know; I wouldn’t pay what I knew wasn’t 
due. 

By Judge Wickeksham. 

Mr. Durkin, you speak about the act of Congi’ess remitting assessment work 
on unpatented mining claims and you said you considered it an invalid act and 
didn’t apply to Alaska?—A. I said it didn’t apply to Alaska. 

Q. Do you know that subsequent to that time Congress passed another act 
which did apply to Alaska?—A. I never saw it; is it retroactive, contiscatorv. 

Q. It simply relates to work in Alaska for 1917, 1918, and 1919?—A. But does 
not confiscate locations made by those people? 

Q. And has nothing to do with the act you mentioned which did not apply to 
Alaska, just as you said. 

John J. Durkin. 

Subscribed and sworn to before me this 11th day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[seal.] Will H. Winston, 

Notary Puhlic for Alaska. 

DEPOSITION OF AARON SHELLHOUSE. 

INIr. SHELLHOUSE called and sworn. 

By Judge Wickersham: 

Q. Mr. Shellhouse, state your name, will you please?—A. Aaron Shellhouse. 

Q. How old are you?—A. I will be 65 years old the 6th of next month. 

Q. Where were you born?—A. Ohio—Lebanon, Ohio. 

Q. When did you come tb Alaska?—A. Fall of eighty-six. 

Q. Where have you resided since you have been in Alaska?—A. I have put in 
about a year in Juneau and I put in two years in Idaho Inlet or on the western 
coast of .Tacobi Island, Cross Sound. 

Q. Where have you resided for the last 10 or 15 years?—A. I have been right 
at Sulzer. 

Q. Sulzer jiost office, Prince of Wales Island?—A. Yes. 

Q. Have you land, claims there?—A. That is my home. I located that as 
a homestead. 

Q. When?—A. Twenty-two years ago, I think the records will show. 

Q. And where have you resided since that time?—A. Well, you might say 
that has been my home ever since that time, Sulzer, or Dali Island maybe for 
five or six months at a stretch. 

Q. But your home has been at Sulzer post office?—A. Yes, sir; I was'located 
over there. 

Q. Where were you on November 5, 1918, at the time of the election, of the 
general election, for Delegate to Congress for Alaska?—A. Right in Sulzer post 
office. 

Q. Was there an election held there that day?—A. Yes. 

Q. Is there a precinct at that place?—A. Yes, sir. 

Q. Wh at is the precinct?—A. It is the Sulzer precinct, but it is under Ketchi¬ 
kan rules and regulations. 

Q. Who were the election officers there at that time?—A. Mr. McLeod, Dunk. 
Campbell, and Dan Raffelson. 

Q. Who were clerks of election, do you know?—A. They had no clerks there 
that I know. 

Q. You wasn’t election officer?—A. No, sir. 

Q. Did you vote at that time?—A. I did, sir. 

Q. Did you vote for Delegate for Congress for Alaska?—A. Yes, sir. 

Q. Who did you vote for?—A. For Mr. Wickersham. 

Q. How many votes did Wickersham receive?—A. Three. 

Q. Who were the other two votes for Mr. Wickersham?—A. Capt. Osborn, 
and I forgot that other gentleman’s name. 

Q. Harry IV. Osborn and M. W. Carpenter?—A. Yes, sir. 


106 WICKEESHAM VS. SULZER, DECEASED, AT^D GRIGSBY. 


Q. How do yon know who voted for Wickersliain?—A. There was only three 
vt)t(‘s tliere and 1 was one, a))d the other two p:entleinen they told me they voted 
for ]\rr. AVickersham. 

(,). That is tlie way yon know it?—A. That is the v.’ay I know it. 

(). Thei’e were 41 votes in the Snlzer precinct on November 5, 1918, at the; 
general election for Delegate?—A. Yes, sir. 

Q. And three of them were for AVickersham and yon have named the three?—• 
A. A'e«, sir. 

Q. I wish yon wonld listen to this list of names I will read to yon: I’anl 
Morrison, Sidney N. Carle, Peter Nathan, Reuben Edenshaw, Charles Scott, 
•Tames Eaniso, what is his name?—A. I know .Tack Edenshaw. 

Q. Boyd Nakaptla, Lnke Frank, Alex Peele, .Toseph Nix, Louis Tom, Mike 
Ceoi-ge, D. 1). Nathan, jr., Richard Nix, Adam Spoon, Jim AA'allace, AA'illiam 
I*eele, AAhilter Prank. Do yon know those men?—A. Yes, sir; I am well ac- 
(piainted with them all. 

(L How long have yon known them?—A. Ever since I have been down here, 
I come here in 1890, bnt that is at Howkan or Hunters Bay, ever since I come 
from Jnnean, they have worked for me. 

(}. So yon personally know every one?—A. Yes, sir. 

Q. AVhat nationality are they?—A. Hyda Indians. 

(}. AVhere do they reside—A. Hydabnrg. 

Q. AAJiere is Hydabnrg?—A. It is about 20 miles from Snlzer post office. 

Q. To the westward?—A. Yes, sir. 

Q. .Inst opposite the old Indian village of Snkkwam?—A. .Inst opposite the 
old village of Snkkwam. 

Q. They nre all Indians— Hyda Indians?—A. Yes, sir; there is a couple of 
white men lives there. 

Q. I am jnst calling yonr attention to those 18 men.—A. All Hyda Indians. 

Q. And all residing on the Hyda Indian Reservation at Hydabnrg, about 20 
miles west of Snlzer?—A. Yes, sir. 

Q. I notice in this list there is a man by the name of .Toseph Nix and Richard 
Nix; do you know them?—A. Yes. 

Q. Do yon know one George A. Nix?—A. I think it is Richard Nix’s son; 
must be; he has got two or three boys. 

Q. He wasn’t tliere and voted that day?—A. No, sir; I didn’t notice him. 

Q. You think he is Richard’s son?—A. I think so; I hardly think he wonld 
be old enough to vote, the one I mean, anyhow. 

Q. I now call yonr attention to another matter; some of the voters from 
Klawack who voted at Craig, Alaska, on that same day and I want to know 
if yon know these men; and I give—hand yon here a list so yon may look at 
them?—A. I haven’t my glasses. 

Q. I will ask yon if yon know Thaddeans Isaacs?—A. Yes, sir. 

Q. Who is Thaddeans Isaacs?—A. I understand that he has got married; he 
used to be at Hydabnrg. 

Q. He is a Hyda Indian?—A. Yes, sir. 

Q. wiiere does he reside?—A. At Hydabnrg until this summer his wife died 
and he married at Klawack and he is stopping at Klawack. 

Q. Where did he reside November .5, 1918?—A. At Hydabnrg; he was there 
that day. 

Q. He resided there at that time?—A. Yes. 

Q. Bnt, if he voted at Klawack—yon have got the list of the Snlzer voters; 
those 18; he is not in that list.—A. If he voted at Klawack I know nothing 
about it. 

Q. Where did he reside; at Hyda?—A. Yes; at that time. 

Q. Did he reside there November .5, 1918?—A. Yes; he got married jnst 
this summer. 

Q. Do yon know George Demert?—A. I am not very well acquainted with 
him; he lives at Shakan, but I understand he is from Klawack. 

Q. What is his nationality?—A. A Clinket. 

Q. An Indian?—A. Yes, sir, 

Q. Where does he reside—at Klawack?—A. Klawack. 

Q. Do you know R. .1. Peratovich?—A. Yes. 

Q. Where does he reside?—A. Klawack. 

Q. Do you know whether both these men resided at Klawack on November 5, 
1918?—A. Yes; born and raised there. 

Q. Do you know J. K. Williams?—A. I know .Johnnie Williams. 

Q. Is Johnnie Williams an Indian?—A. Yes, sir. 


WICKERSHAM VS. SULZER, DECEASED, AI^^D GRIGSBY. 107 

Q. Where does he reside; at Klawack?—A. Klawack. 

Q. And William Stewart?—A. I don’t know him. 

Q. Do yon know C. P. Wilson?—A. Yes, sir. 

Q. Where does he reside?—A. Klawack. 

Q. There is .Tohnnie Wilson and C. P. Wilson?—A. I know both Wilsons; I 
know them both. 

Q. They reside at Klawack?—A. Yes. 

Q. What is their nationality?^—A. Indians. 

Q. Do yon know Jack PeraWvich?—A. Yes. 

Q. What is his nationality?—A. They are Dagos and Indians; they live in 
Klawack; born and raised there. 

Q. And live there on the reservation?—A. Yes, sir. 

Q. Sam Gnnyah?—A. He is an Indian and lives on the Klawack Reservation. 

Q. Klawack Indian and resides on the Klawack Indian Reservation?—A. Yes. 

Q. All these men, do they reside on the Klawack Indian Reservation?—A. 
Yes. 

Q. And Sam Davis?—A. I don’t think I know Sam Davis. 

Q. This Sam Davis, I think, is a hunchback fellow; he is dead now.—A. I 
can’t say. 

Q. Charles W. Demert?—A. Yes. 

Q. He lives on the Klawack Indian Reservation?—A. Yes. 

Q. How long have they been living there on that reservation?—A. All the 
Shaken and Tuxekan Indians, they moved to Klawack. 

Q. When?—A. I think it has been seven or eight years or mor«. 

Q. Now, where do they live; at Klawack?—A. Yes. 

Q. Is that an old Indian village?—A. Yes, sir. 

Q. How long has this old Indian village been there?—A. At Shaken? 

Q. Yes; how long has this old Indian village been there?—A. Ever since I 
have been there. 

Q. And these men have lived on the old Shaken Indian village?—A. Yes, sir; 
but I think they have moved to Klawack. 

Q. Now, you said that some of them lived at Tuxekan?—A. Yes; they are 
all one tribe, the Klawack, Shakan, and Tuxekans. 

Q. Now, these men have lived, some in Shakan, and some lived in Tuxekan, 
and they moved to Klawack from these other Indian villages?—A. Yes. 

Q. Is Klawack an old Indian village?—A. Yes, sir; Klawack was an Indian 
village when Bob Armour was running that cannery; he must have been there 
10 years before I come down to this country, and it was an Indian village when 
he come there. 

Q. Those three are three old Indian villages on the west coast of Prince of 
Wales Island and of the same tribe and lived in their own village?—A. Yes, sir. 

Q. And lived there ever since you know anything about them?—A. Y>s, sir. 

Q. And some of these men came from those places to Klawack?—A. Yes. sir. 

Q. Now, Lee Anneskit, IMaxtield Dalton, Johnnie Anneskit, and Clyde Fields, 
and Arthur James, do you know those men?—A. No; I do not. 

Q. Do you know the Anneskets?—A. I can’t place thorn. 

Q, There is a Peter Annesket?—A. Sure can’t be spelled right, 

Q. Y^oii may know all those people, if you don’t know their names?—A. Sure, 
lots know me that I don’t know. 

Q. Do you know Charlie Brown?—A. Yes. 

Q. Who is Charlie Brown?—A. He is a Hyda ; there is two Browns, Johnnie 
Brown. Charlie is a Thlinket, and Johnnie Brown is a Hyda. 

Q. They live in Klawack?—A. Johnnie does. 

Q. What is Charlie, an Hyda?—A. He is a Thlinket. 

Q. Charlie Brown is a Thlinket Indian and resides in Klawack?—^A. Yes, sir. 

Q. Frank Williams?—A. He is a Thlinket Indian. 

Q. Does he reside on tire reservation in the old Indian village at Klawack?— 
A. Yes, .sir. 

Q. Do you know R. D. Collins?—A. No, sir; I don’t believe I do. 

Q. Peter Anneskit?—A. I must do; that name sounds natural to me; I am not 
sure about it. 

Q. E. E. Conolly?—A. I don’t know him. 

Q. But these men you have recognized here as voting at Craig are all Indians 
and re.side on the Klawack Indian Re.servation ?—A. Y'es, sir. 

Q, Do you know Will Skulka?—A, Yes, sir. 

Q. Who is Will Skulka?—A. Hyda. 

Q. Where is his residence?—A. Hydaburg. 


108 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. On the ITyda Indian Reservation?—A, Yes, sir. 

Q. If he voted at Craij? he voted outside his precinct?—A. Yes, sir. 

By Attorney Zetgler. 

Q. There isn’t any testimony lie voted at Craij;? 

IMr. WicKERSHAvr. We have a list of those that voted at Craig. 

By Judge Wickersham : 

Q. Willie Skulkji lives on the Hyda Reservation, which Congress reserved 
for the Hyda Indians?—A. Yes, sir. 

Q. Do you know John Skulka?-—A. He is a Hyda. 

Q. Where does he live?—A. Hydaburg. 

Q. Do you know Albert Natkong?—A. Yes; he is a Hyda. 

Q. Where does he reside?—xV. Hydalmrg. 

Q. On the Hyda Indian Reservation?—xV. Yes. sir. 

Q. Do you know Edwin Scott?—A. Yes, sir. 

Q. Where does he reside?—A. Hydaburg. 

Q. Hydaburg Indian Re.servation?—xV. Yes, sir. 

Q. And Natkong and Scott are both Hyda Indians?—A. Yes. 

Q. Do you know Frank Paul?—xV. Yes. 

(}. Where does he reside?—A. Hydaburg. 

Q. Hyda Indian Reservation?—A. Yes. 

Q. Mr. Shellhouse in this list is a man, an Indian, Sidney N. Corie, what is 
his name, Carl? 

Attorney Zetgler. That is very leading. 

Judge WicivErsham. That has reference to the correction of the name. 

A. I can’t really place the man. 

Q. In the list I have here is James Emalsaul, do you know .Tames Edanshaw 
or not?—A. I don’t know. 

Q. Don’t you know James Edanshaw?—Yes. 

Q. He is an Indian?—A. Sure, he is an Indian. 

Q. In the list is Alex Peel, he is an Indian?—A. Yes. sir; I am well acquainted 
with him. 

Q. I notice we have his name in here as Alex Peeler?—A. His name is Alex 
Peel. 

Q. Now, in the list I have two names, one Alex Peel or Peeler and another 
William I’eel or Peeler.—A. I think Alex has got some young sons. 

Q. What is the family name?—A. Peele. 

Q. How much time were you around the polls at Sulzer on election day, 
November 5, 1918?—xV. I was around there a great deal. 

Q. Did you .see these natives I mentioned there voting?—A. Yes; sure. You 
see I was put on as a watchman that time and, of course, the natives they all 
come in right after dinner and after they voted; well, then, I went down to my 
house for a half hour and I come back again. 

Q. You saw these people there voting at that time?—A. Yes. 

By Attorney Cosgrove : 

Q. Mr. Shellhouse, I understand you to state you have lived on the west coast 
of Prince of Wales Island for a long time?—A. Yes ,sir. 

Q. About 20 years?—A. Longer; close to 30 years; I come down here in 1890, 
and I have been on the west coast all the time. 

Q. You were in Sulzer election day, November 5. 1918, on the day of elec- 
' tion ?—A. Yes. sir ; my home is there. 

Q. You were in the liail and at the polls all day long?—A. Not all day, you 
might say pretty near all day, I wasn’t inside the hall. 

Q. DidiPt 1 understand you to .say you were a watchman at the polls?—A. 
That was the spring election; that was when I was a watchman. It was when 
Mahoney, I remember, he appointed me, hut not the fall election. It was in 
the spring election; that was a mistake, not the fall of 1918. 

Q. What were you doing election day, in the fall of 1918?—A. I am always 
around where anything is going around; I go around on the outside, listening 
what I hear and see. 

Q. By the way, I believe your wife is an Indian?—A. Yes, sir. 

Q. How many times have you been married, more than once?—A. I have 
been married twice. 

Q. Was your first wife an Indian?—A. Yes, sir. 

Q. Have you any children, have you had any children?—A. Yes, sir. 

Q. How many?—A. Three. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 109 

Q. Boys or girls?—A. Two girls. 

• Q. These are grown to maturity now I presume?—A. No, sir; are not; a girl 
is full-grown. 

Q. Did they vote on November 5, 1918?—A. Neither one of them was there. 

Q. You voted?—A. In the fall'of 1918. 

Q. How did you vote?—A. For Judge Wickersham. 

Q. You say you know two others voted for him?—A. I do by the count of the 
election; you see there was only three votes for Judge Wickersham, myself and 
two other votes from Nome. 

Q. From Nome?—A. They called in there that fall. 

Q. These two men from Nome, what were their names, do you recollect?—A. 
Harry Osborn and N. W. Carpenter. 

Q. How long had they been in Sulzer?—A. They had been to Sulzer; they 
come in there somewhere near the end of October, but I can’t just mention 
what day. 

Q. They were there two or three days before election day?—A. A couple 
weeks before election. 

Q. Wasn’t there long, then, were they?—A. Not at that place. 

Q. They told you they voted for Wickersham?—A. They told me they were 
lyickersham men. 

Q. They also told you they were on their way to Seattle and stopped in there 
to give Wickersham their vote?—A. They lost a sail and the engine played out 
on them. 

Q. Had their repairs been completed?—A. No, sir; it wasn’t finished until 
this spring and they took the boat up to Juneau to finish. 

Q. And they took up the boat to Juneau?—A. This spring. 

Q. But after election day what became of them?—A. They went down to 
Seattle. 

Q. So altogether they were not in Sulzer more than a couple weeks?—A. 
They went to Seattle, and the captain come back again and stayed there about 
one month and then went to Juneau. 

Q. And they left Sulzer right after election day?—A. He was there before 
they went to Seattle. 

Q. They were there a week or 10 days before election day?—A. Very close 
to two weeks. 

Q. By the way you were asked to be an election officer on that day by Mr. 
Mahoney?—A. Yes, sir; I think I told Mr. Raffelson that I didn’t want to 
have anything to do with it whatever. 

Q. Now these boys you speak of, there are several lists of them, you say you 
are acquainted with all of them?—A. Yes, sir. 

Q. They are all men grown are they ?—A. Yes, sir ; all men grown. 

Q. And pretty bright boys I assume?—A. Taking them as Indians they are 
very bright. 

Q. By the term Indian, what do you understand an Indian to be, anybody 
who has any Indian blood is an Indian?—A. That would be my idea. 

Q. IMight be quarter-breeds, eighth or sixteenth breed?—A. Something of 
that kind. It would be pretty hard to reach a conclusion because I know some 
at Hoonah and Sitka that were full breeds and it was hard to detect them 
from a white girl. 

Q. And it is harder to tell Indians from the way they live, too?—A. That 
would be one way I would really tell. 

Q. The way they live?—A. If they are brought up as half-breeds I should 
think as soon as they get up, of age, to know something, they wouldn’t be 
amongst the tribe, they would be out with white men. 

Q. These Indians you speak of, they follow daily occupations, don’t they?—■ 
A. Fishing. 

Q. And a number are in business for themselves?—A. Yes. 

Q. And own their own boats?—A. Yes, sir; and use them. 

Q. And do you know anyone in this list you furnished or that was furnished 
that live any different from the way you do Mr. Shellhouse?—A. The only 
difference is that they live, they being on the Indian reservation. 

Q. That is the only thing, where they have houses, is in your opinion that 
they live on the Indian reservation?—A, Yes, sir. I have been on the frontier 
most of my life and I have been at elections through Montana and I know 
myself where white men would have to go 40 miles and across the Missouri 
River to get off the reservation to vote. 


110 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you compare the status of these Indians with the status of those in the 
States?—A. Tliey are different Indians, they are all Indians. 

Q. These boys, most of them own their own homes?—A. They claim to own 
what they got at Hydaburg. 

Q. They don’t live in wigwams?—A. No, sir. 

Q. They have tables, chairs, and beds?—A. Yes, sir. 

Q. And so far as you know they have adopted the habits and customs of 
the white man?—A. That is what they are trying to get along to. 

Q. But don’t they?—A. Yes, sir. 

Q. A good many of them have licenses to run boats, captain and masters’ 
licenses?—A. Well, they have licenses calling for fish boats, no passenger boats. 

Q. And Bob Peratovich has a big store over there?—A. Yes, sir. 

Q. So has George Demert?—A. Yes, sir. 

Q. And they handle their own money?—A. Yes, sir. 

Q. What does the Government do to interfere with their leading the life of 
the white man?—A. At Hydaburg and Klawack, both these places, the super¬ 
intendent has been sent by the Government, and he keeps books, Mr. Hawks- 
worth, there is a new man there now, Hansen I believe is his name, and he 
is there to aid the natives obtain an education. He is there for the Govern¬ 
ment affair. 

Q. How did he assume any authority over the natives?—A. He told me just 
a few weeks ago that he sat up until 12 o’clock every night keeping up the 
books in the store and sawmill business. 

Q. These stores are run by the Indians with Indian money?—A. No, sir; the 
Government has put money in, the Indians told me and they had four years 
to pay for it. 

Q. There are other stores besides these, there are other stores at Hyda¬ 
burg?—A. These personal stores? 

Q. Yes.—A. .Johnnie Skukie had a store. 

Q. Mr. Shellhouse, what I am trying to get out of you is this, you speak about 
the Indian reservation in the States and the Indians and you speak of the 
Indian reservations on the west coast of Prince of Wales Island, would you 
say the conditions are alike?—A. It isn’t the same as the Indian agency on 
the plains, because we know the Government there furnished them everything, 
blankets, flour, but here they don’t furnish that, but when the Government 
turns in and surveys off 3 miles of land and gives it to them for their home, 
of course I should make it out it would be an Indian reservation, in my opinion. 

Q. That is the way you reach your conclusions and the only way?—A. Yes; 
the only way I could see. A Government fort is 3 miles square on the plains; 
it used to be. 

Q. You wouldn’t know how any of these men voted if they had voted else¬ 
where than Sulzer that day?—A. No; not away from Sulzer; is Indians is all I 
can talk about. 

Q. Do you know whether any of these persons you have mentioned have other 
houses, more than the one place?—A. Well, they don’t really have any places; 
they might ha^•e camps at their hunting grounds or when fishing and such as 
that. 

Q. And lots of them live on their boats most of the time?—A. Any time 
when .fishing. 

Q. Do you know whether the Government exercises any control over their 
movements?—A. I couldn’t tell you. 

Q. You know the Government does not tell them where they shall go or how 
they shall go or when they shall come back and you know whether or not a 
guard goes with them?—A. They can go where they like; if they go across the 
line, they have to come to the custondiouse. 

Q. The same as a white man?—A. Y"es. 

Q. Don’t they live the life of the white man as you know the white man here 
to live?—A. That is what they are trying to fetch them up to now. Part of 
them does and part don’t. 

Q. What part don’t?—A. These boys what turned in and been voting in 
Sulzer precinct: these boys are pretty well educated and still they are living 
and making their home at Hydaburg. 

Q. Othei than that they go where they like, when they like, and stay as long 
as they like, and live in houses which they own themselves, and use the white 
man’s furnishings for their houses and tlie white man’s dress and follow no 
tribal customs whatever?—A. That is true. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Ill 


Q. And yonr only objection is that they live on a strip of land wbieli the 
Government has set aside for them, if they care to live there?—A. Yes, sir; me 
and ]Mr. Hawkswortli had several arguments. I said they had no right to vote. 
The white man living on the Indian reservation on the plains he couldn’t vote 
if married to an Indian or living with them; he was put down as one of the 
Indians. 

Q. In fact, yon wouldn’t know, Mr. Shellhoiise, whether these boys are In¬ 
dians or not except from the company they keep?—A. They have been living 
amongst them. 

(). Do you know the nationality of their fathers and mothers?—A. It is 
pretty hard to tell a native’s father, hut you can always tell their mother. 

(}. His mother may have some uncertainty about her nationality?—A. She 
may be a cross between a tisherman and a Jap. 

Q. It is just yonr conclusion they are Indians, but yon can quote no au¬ 
thority?—A. I make them out Hyda Indians. 

Q. That is an imi)ression you have because you can’t account for any other 
nationality?—A. Of course there might be Japanese, INIexicans, or anything 
among them. 

Q. Some Federal officials; yon can’t tell about it?—A. No. 

O. Will yon answer this question, yes or no, if yon can? Yon have had some 
trouble with Mr. Snlzer before he died, did yon not?—A. IVIe and him has had 
little spats; lots of them ; nothing very serious. 

Q. Prior to his death yon didn’t feel very friendly toward him?—A. So far as 
me and Mr. Snlzer, of course, I never went against him for nothing only on this 
election business. 

Q. Do yon remember what the vote was at Snlzer precinct the first time Mr. 
Snlzer ran?—A. The first time? 

Q. 1916?—A. It seems to me it was 68 or 78. 

Q. Isn’t it a fact yon were the only man in Snlzer precinct that voted 
against him?—A. Yes, sir. 

Q. And yonr attitude toward him hadn’t been friendly and yon never voted 
for him since?—A. No, sir; never will. Mr. Snlzer never got my vote. 

Q. Yon worked for the other ticket all the time?—A. I worked this time. He 
[indicating Wickersham] always got my -vote, and if anybody would ask me 
qnostions—asked me who I voted for—I would tell them Judge Wickersham. 

Q. How do you account for your lack of influence among the natives; you 
didn't seem to make much impression?—A. I did when Bunnell ran and the 
women vote. IVIr. Wickersham would have won if it wasn’t for the women vote. 

Q. Yon worked just as hard the election of 1918 against Mr. Snlzer?—A. And 
everybody knows ine on the west coast, and they tried to get my vote because I 
was the only one man who didii’i vote for him, and they come to my hou.se, and 
I told them*they could talk until to-morrow morning. 

Q. Who did you vote the.se Indians for in the elections of 1914 and 1916?— 
A. They asked 'me who I was to vote for and I told them I would vote for Wick- 
ershani* and Alex Peele jumped up and said he is my man. 

Q. You voted lots of them for Wickersham, 40 or 50?—A. No. 

Q. And you tried to get tliem to vote on November 5, 1918, for him and they 
wouldn’t stand for it?—A. After Mr. Snlzer was in high then, of course they 
turned, they were for th(^ Snlzer party, the missionaries all stood in with Mr. 

Q. You never made any kick about their voting for Mr. Wickersham?—A. 

Sure not, wouldn’t do no good. ^ ,, 

Q Yon didn’t make any kick in the Bunnell-W ickersham fight?—A. Well, 
they asked me how I voted and when I told them they voted the same. 

Q. You didn’t keep any Indians from voting that day?—A. I didn’t really stop 
the Indians from voting anytime. You never seen Indians challeged. 

Q. They were practically the same li.st of Indians?—A. Sure, we didn’t have 

to challenge them. ^ ^ ^ i • 

Q. You said you know Sidney Corie?—A. No. sir; I don t know him. 

O. r^o veil know wliotliGT 5 iny Iiidiniis \v 0 r 0 druftod to tlio Tjnitod Stcitos 
Arniv?_A. I think there is only one I do know because I didiiT pay much atten¬ 

tion.* It was Gardner’s son, his first name is Fred, I guess, he just got back 


here a short time ago. 

Q. But you heard .several 
Q. Quite a lot of Indians 
where the fighting was. 


Indians had been drafted?—A. Sure, 
went into the Army?—A. I can’t say, they never 


got 


112 WICKERSHAM VS. SULZP:R, deceased, AXD GRIGSBY. 


Q. There were quite a number in the list of Indians who went into the 
Army?—A. Not that I know. 

Jud^e WiCKEusnAM. Couldn’t have if they voted November 5, 1918. 

Attorney Cosgrove. Do you know anything about the registration of these 
Indian;; for entrance; into tlu; Army? 

A. No, sir. 

Aaron Siiellhouse. 

Subscribed and sworn to before me this Ilth day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[SEAL.] Will H. Winston, 

Notary Public for Alnslca. 

Judge WiCKERSHAM. I HOW offei* in evidence and read into the record, the 
act oil INIarch 4, 1907, being found in the Thirty-fourth Statute at large, page 
1411, and also being section 24, in the Compiled Laws of Alaska, 1913, as fol¬ 
lows : 

“ That all Indians of the Tsimpsean or Haida Tribe of the full or mixed blood 
who emigrated from British Columliia and settled at Metlakahtla on Annette 
Island ill southeastern Alaska, in the year 1887 and suhseiiuent years, as well 
as all descendants of such Indians, and all other Indians who have since become 
and remained bona fide residents of said Metlakahtla, Alaska, shall, if other¬ 
wise qualified, be entitled to receive and obtain licenses as masters, pilots, and 
engineers, as the case may be, of any and all steamboats and other craft, and 
also licenses as operators of motor boats and other craft, subject to the provision? 
of the act of Congress approved May 16, 1906, entitled ‘An act to amend section 
4420 of the Revised Statutes of the United States, regulation of motor boats,’ 
with the same force and'effect as if they had been citizens of the United States; 
any such Indian may be the owner of any such motor boat or other craft, sub¬ 
ject to the provisions of the said act of May 16, 1906, although such Indian be 
not a citizen of the United States, without depriving said motor boat or other 
craft of the benefits and privileges of a vessel of the United States. 

“ That a certificate under the hand of any officer of the customs in Alaska, 
to the effect that the applicant for.one of the different licenses mentioned in 
this section conies within one of the provisions of said first paragraph of this 
section shall, together with the affidavit of the applicant to that effect, be suf¬ 
ficient evidence of the fact that said applicant is entitled to the privileges con¬ 
ferred upon said Indians by the first paragraph of this section. 

“ That this act shall take effect and be in force from and after its passage.” 

August 11, 1919—8 P. M. 

Judge WiCKERSHAM. Following the testimony of this witness, Aaron Shell- 
house, I offer in evidence Executive order, made by President Taft on .Tune 19, 
1912, reserving the Hydah Indian Reservation on the lower end of Prince of 
Wales Island and upper end of Sukkwan Island, in Alaska, for the use of the 
Hydah Tribe of Indians; the Executive order being No. 1555, and ask that it be 
marked as an exhibit. (See Exhibit “C.”) 

Exhibit U. 

EXECUTIVE ORDER NO. ir);!:!. 

It is hereby ordered that the following land and water surfaces within the 
Tongass National Forest, surrounding the village of Hydaburg, in Alaska, be, 
and the same are hereby reserved, subject tn any vested rights, for use of the 
Hydah tribe of Indians and such of tlie natives of Alaska as may settle within 
the limits of the reservation, viz; 

Beginning at a large rock situated at the line of high tide and a tew feet 

north of the sawmill in the village of Hydaburg, on the west coast of Prince 

of Wales Island, at approximately 55° 12' N. latitude and 132° 48' W. longi¬ 
tude, and at a cross chiseled on said rock, and running thence east 140 chains 
to a point for the middle of the east boundary of the reservation; thence north 
140 chains to a point for the northeast corner; thence west 279.60 chains 
on land and the water of Sukkwan Strait to a point for the northwest cor¬ 
ner; thence south 280 chains on said strait and on land, to a point for the 

southwest corner; thence east 280 chains on said strait and on land to a point 
for the southeast corner; thence north on the east boundary 140 chains to 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 113 


a point oast of the place of begiiininf?^ including a tract 32.24 sqiiai'e miles 
(7,833.6 acres), with all islands and parts of islands within said boundary^ 
as represented upon a diagram ^ accompanying this order and made a part 
hereof. 

^VM. H. 

The White House, .Juno 19, 1912. 


I also offer in evidence a copy of the Executive order of President Wilson, 
dated April 21, 11)34, No. 11)20, reserving the Klawak Reservation for the use 
of the Klawak Indians in Alaska, and ask that it be marked as an exhibit. 
(See Exhibit “D.”) 

Exhibit D. 

EXECUTIVE ORDER NO. 192 0. 

It is hereby ordered that the tract of land in Alaska described as follows, 
in and surrounding the native village of Klawak, and within the Tongass 
National Forest, be and the same is hereby reserved, subject to any vested 
rights existing, for the use of the United States Bureau of Education and of 
the natives of indigenous Alaskan race who may there reside, viz: 

Description .—Beginning at a point on the shore of the salt bay or mouth of 
Klawak Stream, 114 links south of a post marked U. S. I. K. 1, which is a 
witness to said point on shore and stands about 40 cbains eastward from 
Klawak village; thence northerly by a marked line 58.49 chains to a point 
on the shore of Klawak Harbor which is 30 links north of a witness post 
marked U. S. I. R. 2; thence westerly along the shore, and then around the 
lieninsula at the mean high-tide mark to point for corner No. 1, the place of 
beginning; situated approximately in latitude 55° 33' north, longitude 133° 06' 
west, and estimated to contain 230 acres; as represented upon a diagram ^ 
accompanying this order and made a part thereof. 

Woodrow AVilson. 

The White House, April 21, 191Jf. 


Let the record also show we have made every effort to get Taylor Althouse 
here but we have been unable to do so. 

deposition of HARVEY M. STACKPOLE. 

Mr. STACKPOLE called and sworn. 

By .Tudge Wickersham : 

Q. Mr. Stackpole, what is your name?—A. Harvey M. Stackpole. 

Q. How old are you?—A. Thirty-three. 

Q. AVhere do you reside?—A. Ketchikan. 

Q. How long have you been a resident?—A. Since 1902, I think. 

Q. You are a married man and have a family?—A. Yes, sir. 

Q. What business are you engaged in?—A. Brokerage and insurance. 

Q. Your father was United States commissioner here for a long time?—A. I 
think about 15 years. 

Q. And you served as deputy clerk, etc.?—A. Yes, sir; but just as assistant. 

Q. Do you know Mr. William T. Maboney, the United States commissioner?— 
A. Yes. 

Q. Mr. Mahoney is deputy clerk of the United States court, also, isn’t he?—- 
A. Yes. 

Q. And commissioner, probate judge, recorder, etc.?—A. So far as I know. 

Q. Do you know where Mr. Mahoney lived prior to his appointment here as 
commissioner?—A. I believe he lived at Sulzer. 

Q. Was bookkeeper and storekeeper for Mr. Sulzer?—A. AVhat I know is 
just hear.say. 

Attorney Zeigler. I object, on the ground that no proper foundation has 
been laid for general reputation. 


151279—20-8 


^ Not printed. 







.1 14 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


By Judge Wickersham : 

Q, AVliat does INIr. Mahoney do in Ketchikan?—He is United States coni- 
inissioner. 

Q. Aside from that, he is engaged in what other business?—A. Bottling 
works, I think. 

Q. And he operates an automobile, do you know?—A. Yes, sir. 

Q. What does he do with that automobile with reference to delivering his 
manufactured goods?—A. Why, I don’t know whether he does anything with 
the machine; whether he is at the present time delivering his goods. 

Q. Did you know Mr. Mahoney on November 5, 1918?—A. Yes, sir. 

Q. Did you see him in his automohiie at any time or place that day?—A. 
Yes, sir. 

Q. AVhere?—A. Several places. 

Q. What was he doing?—A. Seemingly—well, I would say he was bringing 
voters to the polls. 

Q. Did you see him bring any voters to the polls?—A. Yes, sir. 

Q. Whom?—A. A woman called Black Mary, and another prostitute. 

Q. M’here were they brought from, and where do they live, do you know?— 
A. Why, I heard they lived in the Bed Star, and, for a matter of fact, one 
lived in the Red Star. Where the other lived I do not know. 

Q. Where did you see the women in the automobile?—A. I saw them in 
front of the polls. 

Q. Here—opi)Osite this building?—A. Yes, sir. 

Q. What did they do at that time?—A. They were getting out of the 
machine. 

Q. Was IMahoney in the machine?—A. Yes, sir. 

Q. And where did they go when they got out of the machine?—A. Into the 
polls. 

Q. To vote? Do you know whether JMr. Mahoney was actively engaged in 
political work that day? You say you saw him around hauling voters?— 
A. I didn’t say that, but I saw him hauling these people. 

Q. You know he is a Democrat?—A. Yes. 

Q. He was also working for Sulzer very earnestly?—A. Yes. 

Q. Wliat precincts are in the Ketchikan recording district?—A. The first 
precinct, he had, as far as I remember; but IVIahoney might have changed 
them since. 

Attorney Zeigler. We object to what this witness has to say as to the voting 
precincts, on the ground that it is not the best evidence, but comes from a 
man’s memory which is very unreliable. 

By Judge AATckersham : 

Q. Ketchikan is in the Ketchikan recording district, and Craig?—A. Yes, sir. 

Q. And Sulzer?—A. Yes, sir. 

Q. Tokeen?—A. Yes, sir. 

Q. Beaver Falls?—A. Yes, sir. 

Q. Charcoal Point?—-A. Yes, sir. 

Q. Dolomi?—A. Yes, sir. 

Q. Hyder?—xV. That is Portland City; it was known in the precinct. 

Q. Kasaan?—A. Yes, sir. 

Q. And Boring?—A. Yes, sir. 

(}. And Hadley?—A. Yes, sir. 

Q. All these precincts ai’e in the Ketchikan recording district, and who 
appoints the election officers in all those precincts?—A. If the laws are the 
same as when I was up on the hill, the United States commissioner appoints 
them. 

Q. ]Mr. IVIahoney?—A. Yes, sir. 

By Attorney Cosgrove: 

Q. Mr. Stackpole, I presume you were holding the position as deputy while 
your father was on the hill?—-.-V. Just as his assistant 

By Judge Wickersham : 

Q. Just a minute. Do you know anything about ]Mr. jMahoney being engaged 
in betting on the election at that time?—A. Only hearsay. 

Q. You heard criticisms about it?—A. Yes; several. 

Q. How much criticism did you hear about his activities, IMr. Stackpole?—A. 
Why, there was some little criticism; he was offering bets in the Stedman Hotel. 
He didn’t directly make any to me. 


WICKERSHAM VS. SULZER, DECEASED, AJS^D GRIGSBY. 


115 . 


By Attorney Cosgkove; 

Q. Were they criticisms you heard or-merely comments?—A. There would be 
several ways of judging that. 

Q. You wouldn’t criticize him?—A, No; because I am a betting man myself. 

Q. That you consider is quite prevalent in Ketchikan on all issues?—A. I 
know you have won considerable money fi’om me. 

Q. Base ball, boat races, prize fights, and even wrestling?—A. Yes. 

Q. And election. No\\, you spoke of Mr. IMahoney being in different busi¬ 
nesses. He was in the Ketchikan Soda Works, and I believe he has been in 
business with you, has he not—associated with you in the Walker Drug Co.?— 
A. Yes; he was. 

Q. How long ago was that?—A. It seems to me you have a good recollection. 
We incorporated in 1916 or 1917—I am not positive which year—at that time, 
I think INIr. Mahoney held one share in the store. 

Q. And part of the time in the drug business for himself?—A. Yes. 

Q. And> as a matter of fact, you know he had considerable money in it, did 
he not?—A. I imagine so, although I don’t know that. 

Q. You say you saw him bring Black Mary and another prostitute to the 
polls?—A. I did. 

Q. How did it happen you noticed them?—A. I was leaving my office about 
quarter past 6, and they came around the corner of my office and stopped 
here and they got out. 

Q. About what time of the day was that?—A. About quarter after 6. 

Q. What did you do after you saw him?—A. I stopped into the polls to see 
how the election was going and went home to dinner. 

Q. You were at your office?—A. I was leaving my office. 

i}. Your office is how far away?—A. Half or three-fourths of a block; next 
to the customs. 

Q. And you saw these two women get out of the automobile from your 
office?—A. Ft-oiu here. 

Q. From your office?—A. No; T was here. 

Q. I thought you were leaving your office?—A. I was probably 20 feet 
behind him, Mr. Mahoney. He met me two nights after, when he asked me if 
I was going to make an affidavit. He told me he had paid his tax or license 
and it was his business. 

Q. He had a taxi license?—A. He was paying a license on that machine. 

Q. Said he was operating it as a taxicab, as he had a right to do?—A. No. 

Q. Did he say anything about having paid a city license or Territorial 
license to operate it as a taxicab?—A. He didn’e say as a taxicab; he said he 
had paid a license on it. 

Q. Did he escort Black.Mary into the polls?—A. I don’t think he took 
their arms. 

Q. Did he walk in with them?—A. I wouldn’t be positive. 

Q. Do you know whetiier he instructed them how to vote?—A. No; I didn’t 
fiear. 

Q. Did you hear any conversation?—A. No. 

Q. Would you say he took anybody else to the polls?—A. Oh, I think so; 
I wouldn’t say who they were. 

Q. Your recollection of what happened that day is fairly clear?—A. Yes. 

Q. Would you state or do you think of any others he took to vote?—A. No; 
I can’t. 

Q. You were rather an engergetic Wickersham supporter on this day?—A. I 
rather think so. 

Q. In fact you brought several voters in yourself?—A. I think so. 

Q. And among them ;in Indian girl?—A. A white girl, Nellie Thomas. 

Q. And she was under age?—A. She was not. 

Q. And you voted her for Wickersham?—A. I didn’t vote her. 

Q. What was her name?—A. Nellie Thomas, sister to Roy. 

Q. And she looked to you for advice as to whom to vote for?—A. I don’t 
think so. 

Q. And as a matter of fact you know she did vote for Wickersham?—^A. 
Yes, because she told me. 

Q. And where is that girl now?—A. She is in the Swedish Hospital training 
for a nurse, in Seattle. 

Q. How old is she, do you know?—A. She was of age on the 25th of October, 
either the 25th or 29th, according to her birth certificate. 


116 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Haven’t you stated prior to this meeting that had you known she was 
under age you wouldn’t have voted herV—A. If I had known she had been 
under age, I would have had nothing to do with her-voting, I don’t have to 
mention names, but the report came around the next day, after election, that 
I had illegally voted Nellie Thomas; that she wasn’t of age, that she was 
our hired girl and that I brought her down and helped vote her and to tell 
you frankly it did worry me until I looked up her birth certificate. That 
would have been one thing worth having on me had I done it, and furthermore 
there was no coercion on my part and I simply heard she was going to vote. 
This was her first vote. 

Q. Did she make any inquiries as how old a person had to be to vote?—A. 
I asked her if she was of age. 

Q. Did she fully understand?—A. There was no intention on my part of 
voting her. 

Q. You didn’t examine her?—A. She is a pretty smart girl. 

Q. Have you known Black Mary very long?—A. Yes I think so, not intimately. 

Q. Are your relations with her friendly?—A. I write all her insurance, I 
adjusted a loss she had the other day. 

Q. Always been friendly?—A. l^es, so far as I know. 

Q. I understand your position to be that you didn’t use any coercion or strong 
advice on Nellie Thomas to govern her voting?—A. Absolutely none. 

Q. Do you know of any coercion that Mr. Mahoney brought to bear on Black 
Mary or her friend bearing on her voting?—A. No, sir. 

Q. You had an automobile under your instructions that day?—A. I did not. 

Q. Didn’t you instruct Dale Hunt and Jack Davies?—A. I did not. 

Q. You consulted with them about bringing voters to the polls?—A. Yes, 
possibly I did. 

Q. In fact your whole day was spent in furtherance of the interests of Mr. 
Wickersham ?—A. No. 

Q. Most of it?—A. Well, I tell you frankly I voted for Judge Wickersham and 
worked for the ticket, principally Jack Davies, as you know. 

Q. Did evei*ything you could in town that day to help the general move¬ 
ment?—A. I think so, which was my perfect right, I am not an office holder. 

Q. Hasn’t it been customary when automobiles have been in town to employ 
them on election day to bring voters and especially women?—A. I believe 
machines have been donated. 

Q. You have used them?—A. Had I hired all the machines in town for 
Judge Wickersham and Jack Davies it would have been my absolute right. 

Q. Everybody gets hold of every automobile they can to work for the 
ticket?—A. The hauls were principally ladies, the people owning the machines 
brought them on days the weather was bad. 

Q. And lots of those who were not ladies, and women rather than ladies?— 
A. I never hauled any. 

Q. You know it was being done for the benefit of your ticket?—A. Possibly. 

Q. I suppose you didn’t question Black :Mary’s right to vote as a citizen of 
the town?—A. I didn’t challenge^her. 

Q. She wasn’t challenged, was she?—A. Not that I know of. 

Q. She has lived here, how long to your knowledge?—A. I don’t know how 
long. 

Q. Several years?—A. Here and in Wrangell. 

Q. And I supposed you raised no questions as to the sufficiency of her intel¬ 
ligence to know how to vote?—A. I stated I raised no question whatever relative 
to Black Mary- 

Q. The mere fact she was seen coming out of IMahoney’s automobile with a 
friend to vote is the subject of your comment?—A. Isn’t that as far as I have 
gone ? 

Q. Y^our position then, Mr. Stackpole, is you don’t mean to reflect on Judge 
Mahoney for bringing two voters to the polls, regardless of color?—A. Yes; I 
think it does reflect on him as an officeholder. 

Q. You don’t think he ought to do it?—A. No; I don’t. 

Q. If he did do it?—A. If he did do it. 

Q. Aside from that any other criticism; because he is an officer?—A. The criti¬ 
cism I have stated. 

Q. Your relations with Mr. Ylahoney are more or less strained at the present 
time, are they not?—A. Why, I don’t want them to be. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 117 


Q. About the fact?—A. I treat him just as courteous as he treats me, and 
’ possibly more so; and Mahoney, so far as he is concerned with me, any business 
I have had at the hill, he has been very courteous, so far as that is concerned. 

Q. But your relations have been more or less strained for some time?— A. Yes ; 
they have a little. 

Q. They were last election day, the election of November 5, 1918?—A. Yes; 
possibly they were. 

(}. And really from the time he became commissioner?—A. No; you know bet¬ 
ter than that, Charlie. 

Q. Shortly afterwards?—A. The reason, if there was anything, was something 
probably Mr. Mahoney doesn’t remember, but at a dance in the Moose Hall he 
told me a deliberate falsehood relative to the place on the hill, I might further 
say at that time I told him, if he remembers, that Dad’s resignation had been in 
Jenning’s hands for probably 30 days. 

Q, Mr. INIahoney was your fotber’s successor as United States commissioner?— 
A. Yes, sir. 

Judge WiCKERSHAM. About Nellie U. Thomas, you said in answer to questions 
asked by INIr. Cosgrove, she was of age October, either 25th or 29th, how do 
you know that?—A. Because I was worried over it when this stuff came around 
the next day, and I had taken it for granted, and I asked her if she had her 
birth certificate, and she said she had a record of it in the family Bible, and my . 
mind was absolutely at rest; and, furthermore, as long as it has been gone 
into, I would like to have Nellie show you that, or her parents here, to stop this. 
She is at the Swedish Hospital, Seattle. 

Q. Are her parents here?—A. Her mother is dead; her father and brothers are 
here. 

Q. You said she was 21 years of age in October before she voted in Novem¬ 
ber?—A, Absolutely. 

By Attorney Cosgrove : 

Q. You say you don’t know wbat the school records show?—A. I do not. 

H. M. Stackpole. 

Subscribed and sworn to before me this 11th day of August, 1919, at Ketchikan, 
Alaska. 

[SEAL.] Will H. Winston, 

Notary Public for Alaska. 

DEPOSITION OF EDWARD G. MORRISSEY. 

Mr. INIOKKISSEY called and sworn. 

By Judge Wickersham : 

Q. You may state your name.—A. Edward G. Morrissey. 

Q, How old are you?—A. Thirty-two next December. 

Q. Where do you reside now?—A. Ketchikan, 

Q. Where were you November 5, 1918, the date of election?—A. .Juneau. 

Q. Did you vote there that day?—A. Yes. 

Q. Which precinct?—A. I voted at the one near the Gastineau Hotel, I don’t 
know. No. 1. 

Attorney Zeigler. No. 2 ; Morrissey, No. 2. 

By Judge Wickersham : 

Q. Did you vote for Delegate to Congress?—A. Yes. 

Q. Did you vote for me?—A. No. 

Q, Did you vote for Mr. Sulzer?—A, Yes. 

By Attorney Zeigler ; 

Q. You were a resident of the Territory of Alaska ?—A. Yes. 

Q. Had been making .Tuneau your home at that time and prior thereto?—A. I 
arrived there in the middle of August, I think. 

Q. And was making that place your home at that time?—A. Yes. 

By Attorney Cosgrove : 

Q. Prior to that time where had you lived?—A. Well, I was—I came from 
Washington, D. C., as secretary to Mr. Sulzer. Before that I lived in Fairbanks 
for a number of years. 

‘ Q. Prior to that August where was your home?—A. Fairbanks, Alaska. 


118 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


By Attorney Zkigler : 

Q. That was your oflicial residence as far as you know?—A. Yes. 

Q. You were just simply in Washington attending to the duties as private 
secretary to INIr, Sulzer?—A. Yes, sir. 

Edward G. Morrissey. 

Suh.scribed and sworn to before me this 11th day of August, 1919, at Ketchikan, 
Alaska. 

[seal.] AVill H. AAAnston, 

Notary Puhlic for Alaska. 

DEPOSITION or J. W. JONES. 

Air. JONES called and sworn. 

Attorney Cosgrove. A\"e ol)ject to the taking of the testimony of Air. Jones, 
on the ground that no notice was served on us and consequently no time given 
us for preparation. 

Judge WiCKERsiiAM. The notice was served in Juneau- 

Attorney Zeigler. The notice was not served, if any was served at all, as 
required by. law regarding the taking of depositions. 

By Judge AATckersham : 

Q. State your name. Air. Jones.—A. J. AA". Jones. 

Q. AAliat is your business?—A. AA>11, furniture dealer and manager of that 
department; undertaker. 

As part of that department do you have to do with undertaking, coffins, 
etc.?—A. Yes. 

Q. AA'here were you November 5, 1918—last November, on election day?— 
A. In Juneau. 

Q. How long have you resided in Ketchikan?—A. Two years and about eight 
months. 

Q. Your residence on November 5, 1918, was in Ketchikan, was it?—A. Yes. 

Q. But you were in Juneau?—A. Yes. 

Q. You know that Ketchikan and Juneau are both in the first division of the 
Territory of Alaska?—A. I understood it that way; yes. 

Q. Did you make any offer to vote in Juneau on November 5, 1918?—A. Yes. 

Q. Tell us what you did about it; who was with you?—A. Bob Graham. 
AA'ell, we were in the Gastineau Hotel a night or two previous to election, and 
we were talking whether we had a right to vote up there or not, and there was 
a difference of opinion. In fact, on the boat going up we discussed the matter 
with—I forgot his name—the United States attorney at Fairbanks. 

Q. Air. Roth?—A. Roth; and I asked Air. Roth if we had a right to vote, and 
he said it was a matter which way they decided the law; the Territorial law, 
I think it was, gave us a right to vote anywhere in the district. 

Q. Division?—A. In the division. 

Q. Did you go to the polls and offer to vote?—A. Yes. 

Q. In what precinct?—A. I can’t tell in what precinct. 

Q. AAliat were you doing?—A. I was helping to take care of the bodies of 
the Princess Sophia. 

Q. The Princess Sophia, a passenger vessel, had been lost a few days pre¬ 
vious, and a large number of bodies were being brought in there?—A. And they 
wired down here for help. 

Q. Did you offer to vote?—A. Yes; I went and asked for a ballot, and the 
election officer handed me a ballot, and it was objected to. 

Q. Do you know who it was objected—somebody challenged you?—A. I don’t 
remember his name. 

Q. AA'asn’t it Air. Casey, candidate for the legislature?—A. He was a candi¬ 
date for the ilegislature. 

Q. Connors?—A. That was his name; I was informed by two or three 
parties it was Connors. 

Q. Did Air. Graham offer to vote also?—A. Yes. 

Q. AAlis his vote challenged?—A. ATes. 

Q. AAliat did they do with your challenge?—A. The election officer, the judge 
or chu^k, said it was all right with him; that we were entitled to vote, so far 
as he knew; but after the votes were challenged we weren’t willing to swear 
we lived in Juneau the proper length of time; we wouldn’t swear, because we 
lived ill Ketchikan. 



WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


119 


Q. But you were both challenged?—A. Y^es, and didn’t vote. 

• (}. Who did you intend to vote for?—A. Yourself. 

Q. Do you know who INIr. Graham intended to vote for?—A. You. 

Q. Where did Mr. Graham live at that time?—A, Ketchikan. 

Q. A business man here?—A. Yes. 

Q. hat was he doing in .luneau?—A. He went to assist me. When I gov 
the wire 1 asked liim to go along; he has been an undertaker as well, and we 
went up on the same husiness. 

(^. And y<m were refused the right to vote because you hadn’t been in the 
precinct 30 days previous to election?—A. YY's. 

By Attorney Zetgler : 

Q. Your vote was challenged?—A. Yes. 

Q. And you were not willing to swear you had been in the precinct 80 days?— 
A. It was challenged, and they said I hadn’t the right to vote until I had lived 
in Juneau, and we hadn’t lived in Juneau 30 days. • 

(i- Tiiat clerk challenged you because you hadn’t lived in .Tuneau 30 days?—- 
A. Seemed to be. 

By Judge Wickeksham ; 

(}. You thought you could vote because you had lived in the division 30 
<lays?—A. It was my understanding from the man I talked to that I had a 
right to vote anywhere within the division and that is the reason I went to 
vote. 

Q. But you did not get to vote anywhere on election day?—A. No; I didn’t. 

By Attorney Zeigler : 

Q. When Mr. Roth said it was a matter which way the law was decided, he 
didn't know how you intended to vote?—A. I expect not; we were sitting in 
the smoking room discussing various things. 

J. W. .Tones. 

Suliscrihed and sworn to before me this 11th day of August, 1919, at Ketchb 
kan, Alaska. 

[seal.] Will H. Winston, 

Notary Puhlic for Alaska. 

deposition of SAMUEL S. KINCAID, 

Mr. and Mrs. KINCAID sworn : 

Mr. Kincaid called. 

Attorney Cosgrove. We object to the taking of his testimony. 

Attorney Marshall. Notice has been given at Juneau, regularly to the agent 
of Mr. Sulzer. 

Attorne.v Cosgrove. No notice has been received by us and if notice were 
given it was in much too short a time to enable us to prepare for' cross- 
examination. 

By Attorney ^Marshall : 

Q. IMr. Kincaid will you state your name?—A. Samuel S. Kincaid. 

Q. Where do you reside?—A. At the present time in Ketchikan, Alaska. 

Q, Do you live in the city or outside the city limits?—A. Outside the city 
limits. 

Q. Up to the power house?—A. Yes, sir. 

Q. When did you take up your residence here?—A. March, 1918. 

Q. And on November 5, 1918, did you vote in the Territory of Alaska?— 
A. Y"es, sir. 

Q. And you had been here at that time only during the period between March 
and the fall, November, 1918?—A. Yes, sir. 

Q. Where did you cast your vote?—A. Charcoal Point. 

Q. That is just in the outskirts of Ketchikan?—A. I believe so. 

Q. Did you know at that time you had no legal right to vote?—A. Never 
thought anything about it; thought I was right because I didn’t vote from 
the time I left until I got back; never established a residence at any other 
place. 

Q. You had previously lived here?—A. Yes, sir. 

Q. How long before?—A. Well, I came down here and lived here continuously 
since 1912. 


120 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Since 1912 von lived here?—A. Until 1916. 

g. When in 1916 did you leave Alaska?—A. In Sepleinher. 

Q. Where did you locate when you left here?—Reno, Nev. 

Q. What was your occupation down there?—A. Caretaker of real estate. 

Q. When living there did you own a home here in Alaska or any property? 

A. No, sir. ^ ^ . 

(}. Your family went down there with you at the time?—A. Yes, sir. 

Q. And remained there during the same time?—A. Yes, sir. 

Q. How did you came to vote on election day, were you solicited to vote. 

A. No, I don’t think the vote was solicited; I came down and started to 
come up here to the council chambers, and they told me I would have to go 
Charcoal I‘oint; and I said I didn’t care enough about either one of the candi¬ 
dates to walk that far to vote for them and they said they would take me 
down. I think IMr. Sharpe—I met Mr. Sharpe and he knew if I voted I would 
v<,)te for Sulzer because I had expressed my opinion as to Sulzer, and he took 
me down to Charcoal Point, I and my wife, and we voted. 

Q. Mr. Sharpe took you down there and you said he knew you would vote 
for Sulzer?—A. I suppose he thought I would; he didn’t ask me; there was 
nothing said about it. 

By Attorney Cosgrove : 

Q. Y^ou don’t have to tell who you voted for if you don’t care to?—A. I have 
expressed it openly, I have said I did vote for Mr. Sulzer. 

Q. You haven’t yet testified whom you voted for.—A. So it is no use- 

Q. Prior to last election?—A. I have here, too, I signed an affidavit that I 
did vote for Mr. Sulzer. 

By Attorney Marshall : 

Q. And as a matter of fact you did vote for Mr. Sulzer?—A. Yes, sir. 

Q. Mrs. Kincaid went with you to vote?—A. Yes, sir. 

Attorney Cosgrove. Have you that affidavit, Mr. Marshall? 

Attorney Marshall. I have a copy of it. 

By Attorney Cosgrove : 

Q. Would you mind letting me see it? [Same handed over.] 

Q. When you left here, Mr. Kincaid, and went soutli the last time, you 
didn't intend to take up any residence in Nevada; you lost no voting rights in 
the city of Ketcliikan, while gone—A. Yes, sir. 

(}. Was it your intention to return to Alaska when you went down there?— 
A. I didn’t intend to return to Alaska. 

Samuel S. Kincaid. 

Subscribed and sworn to before me this 11th day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[seal.] Will H. Winston, 

Notary Public for Alaska. 


DEPOSITION OF MRS. J. A. KINCAID. 

Mrs. KINCAID, who had been previously sworn, called. 

By Attorney Marshall : 

(}. Your name is Mrs. .1. A. Kincaid?—A. Yes. 

Q. And you are the wife of Mr. Kincaid, who has just testified?—A. Yes, sir. 

Q. And you also came to the Tenltory of Alaska in IMarch, 1918, and previous 
to that time had been living here for some time, in the neighborhood of two 
years?—A. Yes, sir. 

Q. And when you went away from the Territory of Alaska you left behind 
you no property and no members of your family?—A. No. 

O. And on election day, November 5, 1918, you voted at Charcoal Point?— 
A. Yes, sir. 

Q. Can you tell me who you voted for at that time?—A. No, sir; I couldn’t. 

(}. You told me before you didn’t remember?—A. No; I don’t remember. 

g. Was there any disagreement between yourself and Mr. Kincaid as to the 
merits of the respective candidates?—A. No; we didn’t talk it over. 

(j. Just voted?—A. l"es. 

(}. What would he your impression as to whom you voted for at that time?— 
A. I didn’t know either gentleman, so I couldn’t say which one I voted for. 



WICKERSHAM VS. SULZER, DECEASED, A^D GRIGSBY. 121 


Q. Were you and IVIr. Kincaid in agreement with one another?—A. We didn’t 
thlk it over. 

Q. You didn’t discuss it?—A. Never discussed it. 

Q. He didn’t talk with you as to whom he voted for?—A. No. 

Q. And you have no recollection?—A. No; I couldn’t hold up my hand and 
say which one I voted for. 

(). You went to the polls without any intention or desire of expressing any 
preference?—A. I didn’t have any preference. 

(}. But you, notwithstanding, felt a disposition to vote?—A. I didn’t know 
which I would vote for, Mr. Wickersham or Mr. Sulzer. 

Q. You didn’t consider the matter serious enough to give consideration to?— 
A. We didn’t talk it over. INIy husband phoned up for me and after that we 
didn’t talk about it. 

Q. What have been your political affiliations, if you had any?—A. I haven’t 
had any. 

Q. Had you never discussed the merits of this campaign with anyone at all 
or heard anything about it?—A. No; nothing except what I had heard about 
the Wickersham and Sulzer controversy. 

Q. From what you heard about that controversy would you have any sym¬ 
pathy or y)rejudice any way?—A. No. 

(). Formed no opinion?—A. Formed no opinion whatever. 

Q. But you felt as an American citizen you ought to exercise your right to 
vote?—A. Y^es. 

Q. Even if you did it blindly—didn’t you state to me at the time I took your 
affidavit, although you were not positive, you believed you voted for Sulzer?— 
A. I couldn’t say that; I don’t remember. At the time I couldn’t say which I 
voted for. 

Q. But you told me you believed-A. I don’t remember whether I told 

you that or not. 

Q. You read the affidavit over when you signed it?—A. Yes. 

Q. And you made, and I made for you an addition to it?—A. Yes; I re¬ 
member that. 

Q. And didn’t I write in with your consent that you believed you voted for 
Sulzer?—A. I think you did. 

By Attorney Cosgrove: 

Q. Y^ou have no impression as to how you did vote?—A. I couldn’t remember. 

Q. Ybni do remember about that time Wickersham was a very prominent 
name in Alaska?—A. Well, I remember Mr. Sulzer was, too. 

Q. If Mr. INIarshall had asked you if it wasn’t likely you had voted for Mr. 
vVickersham, you would probably make the same reply?—A. Well, I suppose I 
would, I don’t remember who I voted for. I couldn’t say. 

* Mrs. J. A. Kincaid. 

Subscribed and sworn to before me this 11th day of August, 1919, at 
Ketchikan, Alaska. 

[seal.] Will N. Winston. 

Adjourned until 8 p. m. 

deposition of e. a. heath. 

Ketchikan, Alaska, August 15, 1919. 

]\Ir. HEATH called and sworn. 

Judge Wickersham. Please state your name, ]Mr. Heath. 

Attorney Cosgrove. We object on the ground of not having received any notice 
of the taking of his deposition. 

Judge Wickersham. Notice has been given of course to the attorney in 
Juneau. 

Attorney Cosgrove. If that is so I am not aware of it. 

Judge Wickersham. And I told you gentlemen, in private conservation, of 
course. 

Attorney Cosgrove. Y^ou didn’t say this witness would be here. 

Judge Wickersham. I thought I did that evening. 

Attorney Cosgrove. You thought you did; you recall now you didn’t? 

Judge Wickersham. I don’t recall anything about it. 

Attorney Cosgrove. You mentioned ^Nlr. Althouse, but not anybody else. 

Attorney .Zeigler. Y"ou mentioned Mr. Althouse to me; he is the only one. 

Mr, Heath. A. E. A. Heath. 



122 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


By Judge Wickersham : 

(}. How old are you?—A. Sixty-two. 

i}. Where do you reside?—A. Charcoal Point. 

Q. How long have you resided in the Charcoal Point precinct?—A. About 
12 years. 

Q. You have a homestead down there?—A. Yes, sir. 

Q. And you reside on your homestead?—A. Yes, sir. 

Q. You were there on November o, 1918, {it the time of the general election? 

A. I was. 

Q. What were you doing that day Mr. Heath?—A. .Judge of election. 

Q. Do you know Mr. Charles A. Sulzer?—A. I did. 

Q. Or did you at that time?—A, I did. 

Q. Do you know whether he voted at Charcoal Point precinct on that day? 

A. He did. 

Q. Do you know whether he resided at Charcoal Point precinct at that time?— 
A. He did not. 

Q. Do you know where he did reside?—A. He resided over-at the mine, 
Sulzer mine. 

Q. How far from here?—A. Well, owing to what route you travel, I guess 
they figure by way of the portage, it is much shorter. 

Q. About 60 miles?—A. Yes; something like that. 

Q. From Charcoal Point precinct?—A. Yes. 

■Q. There is a Sulzer precinct is there not?—A. Yes. 

Q. And he resided in that precinct?—A. Yes. 

Q. How long have you known Mr. Sulzer?—A. Five or six years. 

Q. Did you on that day know a man by the name of A. Van Mavern who 
voted at Charcoal Point precinct?—A. I wouldn’t be positive. 

Q. Was there any such man residing in the Charcoal Point precinct?—A. No- 
that I know. 

Q. And if a man by that name did vote he isn’t a resident?—A. To the best 
of my knowledge no such man resided there, though he might in the Charcoal 
Point precinct, I don’t know. The precinct includes some of the other islands, 
over to Gravina and everything outside the Ketchikan precinct, doesn’t it? 
But I know no such man. 

Q. Do you know that there was an Indian voted there that day by the 
name of Nix, I think his name is George A. Nix?—A. There was such a man 
went and voted. 

Q. Had you ever seen him before?—A. I don’t think so. 

Q. Do you know where he resided?—A. He claimed to reside on Prince of 
Wales Island. 

Q. Did he reside in the Charcoal Point lu-ecinct?—A. No. 

Q. Who brought him in there, do you know?—A. No; I wouldn’t be positive 
about that. They were bringing them down in cars, but I wouldn’t be positive 
he was brought in a car or not; there was quite a bunch of fellows came in at 
the time. 

Q. Isn’t it true that Mr. William T. Mahoney, the commissioner in this dis¬ 
trict, was very busy at that time bringing people to vote?—A. Yes; he brought 
them down several different times. 

Q. Do you know whether he brought Nix down?—A, I wouldn’t he positive; 
my impression is he did. 

Q. Do you rememlier some objection made to Nix’s voting?—A. Yes; there 
was a watcher there that objected to his voting. 

Q. Who was tlmt, if you remember?—A. Old man Althouse was the watchei% 
and he left at one time and went to dinner, and Oliver took his place, and I 
wouldn’t be positive whether Oliver or Althouse was there at the time, 

Q- Ho you remember that Nix swore in his vote?—A. Yes. 

Q. What oath did he take, do you know?—A. The printed oath that they 
usually take; Austin read it to him, 

Q. And he swore to that oath?—A. Yes. 

(}. It is the oath required by the election law?—A. Yes. 

Q. United States election law for the Territory? Is that right?—A. Yes. 

Q. Had you ever seen Nix in that precinct before?—A. No, sir. 

Q, Did he reside in that precinct?—A. No; he resided in Hydaburg, he said. 

(J. AVhere is Hydaburg?—A. Over on Prince of Wales Island. 

Q. It is an Indian reservation?—A. I think so. 

Q. Over beyond Sulzer post office?—A. Yes, sir; it is in Sulzer precinct, I 
think. 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 123 


Q. Mr. Heath, yon have a son Bert, have you?—A. Yes, 

■Q. Did he vote that day?—A. He did. 

Q. How loii^ had Bert been in that precinct when he voted?—A. In July 
before. 

Q. Wl>ere did he come from?—A. From Seattle up there. 

Q. Where liad he been for the previous four or live years?—A. In Mexico, 
Arizona, B. C. country. 

Q. British Columbia, you mean?—A. Yes; and Montana. 

Q, Had he resided in the Charcoal I’oint precinct prior to July, 1918, for four 
or live years previously?—A. No; he had been away. 

Q. Did he have any house or dwellinj? place of his own in that precinct?—A. 
He did not, 

Q. Dr any other property?—A. He did not. 

Q. Mr. Heath, is it not true your family all supported Mr. Sulzer, did they 
not?—A. I don't know; I did. 

Q. Well, don’t you know whether members of your family voted or talked in 
support of him?—A. I felt pretty well satisfied they were goinjj: to support 
him. 

Q. YY)u talked with them frequently?—A, They talked that way. 

Q. Including Bert?:—A. Yes. 

Q. Have you any doubts that all did vote for him?—A. I am pretty well 
satisfied they did; all my sons and daughters, excepting one; I doubt whether 
Mr. IJoyd and Ids wife did. 

Q. You don’t think ]Mr. Lloyd did?—A. I think not. 

Q. But you think all the rest of your family that did vote voted for Mr. 
Sulzer, including Bert?—A. Y’^es. 

By Attorney Cosgeove : 

Q, You are not very certain of that, IMr, Heath, that they voted for Sulzer?—■ 
A. I have no way of thinking so except their talk; they didn’t tell me how they 
voted. 

Q. If you hadn’t been a rocked-ribbed Democrat you wouldn’t have voted for 
Sulzer the last election yourself?—A, Well, I couldn’t say that Charlie—I liked 
Charlie Sulzer pretty well as a man. 

Q. At that time you were pretty sore at your treatment by the Democratic 
organization?—A. Well, I was, a little before, sore. 

Q. And for that reason you made no effort in Sulzer’s behalf?—A. No. 

Q. Tlie reason, now, you voted for Sulzer-A. To the best of my recollection, 

Q. But you are not certain of it?—A. Y"es; I feel pretty certain. 

Q. Not dead certain—are you prepared to swear now that you did vote for 
Charlie Sulzer, feeling how you recollect you did feel sore over the treatment 
you had received? 

Judge WicKERSHAM. I object to counsel’s testifying, although he does a very 
fine job of testifying. 

Mr. Heath. I think I wouldn’t have to swear I voted for him. 

Attorney Cosgrove. You would not swear you did after you had reflected; you 
recall your attitude toward the Democratic organization and toward Mr. Sulzer 
as its head?—A. I didn’t feel sore at that time; I did afterwards, Charlie. 

Q. Y'ou felt sore because you hadn’t been nominated as a member for the 
Territorial legislature, on the ticket as promised?—A. I didn’t feel sore about 
that. 

Q. What did you feel sore about?—A. I don’t think I felt sore. I don’t mind 
telling you that I didn’t think that the Ketchikan Democrats, any of them were 
getting what they ought to get.; I thought they were hogging it all in other lo¬ 
calities. 

Q. On account of all the Democrats, you felt that way, and particularly on 
account of the ■ti'eatment accorded you. 

Judge WicKERSHAM, I object to ]VIr. Cosgrove’s testifying and move to strike 
it out. 

Attorney Cosgrove. I want to assist Mr. Heath to get at the facts the best 
I can. 

Judge WicKERSHAM. You better be sworn, then. 

Attorney Cosgrove. I can refresh him. 

Judge WICKERSHAM. He doesn’t require any refreshing. 

By Attorney Cosgrove: 

Q. Did you talk with any members of your family to know how they were 
going to vote?—A. Y’^es. 



124 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Did you give tlieiii any counsel as to how they should vote?—A. I didn’t 
dare do that hardly. I wanted them to vote for Sulzer, but I couldn’t do that. 

Q. And you know Mr. Idoyd and his wife voted for Mr. Wickersham?—A. I 
am pretty certain they said they were going to. 

Q. And you don’t know how the balance of the family voted?—A. I don’t 
know. 

Q. And your l)oy Bert—I presume your home is your boy’s home? 

Judge Wickersham. I object to counsel testifying. 

Mr. Heath. That is all the home he had, with me. 

Attorney Cosgrove. And that was his residence? 

Judge WicKERSHAJM. T object to counsel again. You keep managing to lead 
the witness. 

Attorney Cosgrove. This is a cross-examination ; I have a right to lead the 
witness if he will be led. 

Q. And at that time you speak of when he was roaming about the country his 
residence was at your home?—A. The only residence he had. 

(}. And bis residence bad been Ketchikan for four or five years?—A. Yes. 

Q. That is what I thought. 

Judge Wickersham. I move to strike it out, as it is testimony being given 
by the attorney. 

Attorne.v Cosgrove. I claim it is legitimate cross-examination on the same 
facts as brought out by Judge Wickersham. 

Q. About this Indian Nix, isn’t he one of the Indians that was brought up 
there and voted by Bob Oliver?—A. I don’t remember who brought this Indian 
in there. 

Q. You remember that Mr. Oliver was bringing in a lot of voters and voting 
them for Wickersham?—A. Yes; I think he brought in a few. 

Q. And .you can’t say whether this was one of the Indians?—A. He didn’t 
bring any Indians. 

Q. You remember he brought in several other Indians?—A. If he brought in 
any- 

Judge Wickersham. I object. 

By Attorney Cosgrove : 

Q. What makes you certain that they‘were not Indians he brought?—A. Be¬ 
cause Oliver was standing inside the room and was one of the watchers. I am 
not positive whether it was Oliver or Althouse, one of those two men, they were 
the watchers and they were standing inside the room*. 

Q. Were any other Indians brought in by Oliver or anybody else challenged?— 
A. Nix had been challenged. 

Q. And what directed your attention so closely to this man Nix?—A. Be¬ 
cause they were talking about the legality of this Territorial law, and this In¬ 
dian claimed to live in Hydaburg on Prince of Wales Island. 

Q. What view did you judges take of that law?—A. Went according to the 
Territorial law. 

Q. Went according to the Territorial law?—A. Where they could vote out¬ 
side the precinct if a citizen of the district. 

Q. A division you mean?—A. Division. 

Q. If that is so, why did you require him to make an affidavit?—A. The 
watcher challenged his vote. 

Q. Plven so, if you took the view that a voter had a right to vote if he had 
been 30 days in the division, an affidavit was unnecessary?—A. That was the 
course we took where votes wei-e challenged. 

Q. You made them swear that they had been a resident of the precinct 30 
days prior to election day?—A. I don’t remember how the oath read. Austin 
read it over to the Indian. 

Q. That was in contradiction of the session laws, was it not?—A. I think it 
was not. 

Q. You say that is the view the judges took of the law, you took the Terri¬ 
torial law?—A. Yes. 

Q. You don’t know how Nix voted?—A. No. 

E. A. Heath. 

Subscribed and sworn to before me this 15th day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[seal.] 


Will H. Winston, 
Notary Public for Alaska. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


125 


DEPOSITION OF CHARLES B. OLIVER. 

Mr. OTJVEll called and sworn. ' 

By Judge Wickers ham : 

Q. What is your name?—A. Charles B. Oliver. 

Q. What is your age?—A. About 42 years of age. 

Q. How long have you resided in the Ketchikan voting precinct?—A. Nine 
years. 

Q. American citizen, of course?—A. American citizen. 

Q. Were you here in the Ketchikan voting precinct on November .5, 1918, 
on the day of the general election for Delegate to Congress?—A. Yes, sir. 

Q. What did you do that day in reference to being present at the polls?— 
A. I was a watcher at the Ketchikan precinct polls for Judge Wickersham. 

Q. What time did you come to the polls that morning?—A. When they first 
opened. 

Q. Do you rememl)er seeing Dudley Allen and his wife here at that time?— 
A. Yes, sir. 

Q. Do you know INIr. Gillis and his wife?—A. No, sir. 

Q. You did see Dudley Allen and his wife?—A. Yes, sir. 

Q. Did they vote here that morning?—A. Yes, sir. 

Q. Where did they vote?—A. At the Ketchikan precinct. 

Q. Did you see who came to the polls with them ?—A. I was coming down in 
the morning and the Jeffer-^on had arrived a little before that and Dudley 
Allen and INIrs. Allen and Walter Sharpe, deputy United States marshal, were 
standing down in front of the Stedman Hotel, and when I arrived at the polls 
I saw that Deputy Marshal Sharpe and Dudley and IVIrs. Allen were at the 
polls. They had all arrived here and were Avaiting for the polls to open. 

Q. Did they vote?—A. They did. 

Q. Whs Sharpe present when they voted?—A. Yes, sir. 

Q. You spoke about the Jefferson, what is the Jefferson? —A. A passenger 
steamer running between Seattle and Skagway. 

Q. When did the Jefferson arrive—before the polls opened?—A. Yes. 

Q. Do you know whether or not Dudley Allen and his wife were on the 
Jefferson? —A. They were on the Jefferson. T had heard them say at the polls 
they were in a hurry so they could continue on to Seattle aboard the Jefferson. 

Q. Then what happened was that they got off the Jefferson and came up and 
voted and went south on the Jefferson? 

Attorney Zeigler. I object to your testifying and insist that Judge Wicker¬ 
sham be sworn. 

By .Judge Wickersham : 

Q. What are the facts about it?—A. The facts are as stated, that I met them 
all. I seen Deputy Marshal Sharpe and Dudley Allen and Mrs. Allen on the 
corner—T don’t know the name of the streets—in front of the Stedman Hotel 
and on my arrival at the polls they were here. 

Q. And did they vote?—A. They voted to the best of my recollection. The 
first two votes that were cast and apparently in a hurry so to vote as I heard 
them say they were going on through on the Jefferson. 

Q. Did they go on?—A. Yes, sir. 

Q. Did they reside in Ketchikan pre<'inct at that time?—A. No, sir. 

Q. Do you* know anything about their residence except what someliody told 
yQ^i 7 —A. Only I know Mr, Allen is the representative of the Tru Bin Biscuit Co. 

Q. He is a traveling salesman—a commercial man?—A. That is the brand of 
biscuits he sells, though I think it is the West Coast or Northwest Grocery Co. 

Q. He has no home here in Ketchikan?—A. No. 

Q. Has he any other residence here?—A. In Alaska. 

Q. In Ketchikan?—A. No; not in Ketchikan. 

Q. How much time were you at the polls that da.v—A. T was at the polls—I 
left the polls in the morning for a short time and then I was here until the 
Wickersham votes was counted about 1 or 2 o’clock in the morning of the 6th. 

Q. Where did you go during that period that you were gone?—A. I went to 
the Charcoal Point precinct. 

Q, What for?—A. To find out if they were using the Federal or Territorial 
law in the Charcoal Point precinct. 

Q. How long did you remain there?—A. Only a few minutes; not more than 
10 minutes. I had an auto standing outside waiting for me. 

Q. Did you take any Indians down there to vote that day?—A. No, sir. 


126 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Anybody else?—A. No. 

Q. Are you positive about that?—A. Absolutely so. 

Q. Do you know George A. Nix, an Indian who voted in this neighborhood 
that day?—A. I may know him, but not by name. 

Q. Do you remember of his offering to vote here in this precinct, in Ketchi¬ 
kan?—A. I don’t know, I have no recollection of that. 

Q. Did you know Mr. Charles A. Sulzer?—A. Yes. 

Q. How long have you known Mr. Sulzer?—A. I have known Mr. Sulzer for 
four or five years, and I luive known of him for the last nine years. 

Q. Did you see him on election day?—A. Yes, sir. 

Q. Where? In the Ketchikan precinct? In this room?—A. Yes, sir. 

Q. Just relate the circumstances of his appearance here and what he did.— 
A. It was just at the noon hour, between 12 and 1, that Mr. Sulzer came into 
the polling place, and he was informed that he couldn’t vote. 

Q. How did that happen to come up?—A. The question was brought up as to 
whether he was a legal voter in this precinct. 

Q. Who raised the question?—A. Well, to the best of my knowledge it was 
one of the judges at his own inquiry, and he was instructed that he couldn’t 
vote. And I remember he made a remark, and he asked the judge. Judge 
Plumley, who was the city clerk, whether the Territorial election law wasn’t 
good enough for the people of Alaska. 

Q. Was he challenged?—A. Well, they told him he would have to swear his 
vote. 

Q. What was it he did then?—A. And he went out and didn’t swear his vote. 

Q. Do you know whether anybody gave him a copy of the oath to be taken 
by a cballenged voter, to read?—A. I think in the controversy’Judge Plumley 
handed him a copy, and he read it and returned it to the judge, and then he 
went out. 

Q. He declined to take'the oath and left the polling place?—A. Yes. 

Q. Do you know where he went then?—A. No, sir. 

Q. Do you know a man by tbe name of A. Van INIavern?—A. Yes. 

Q. Did you see him that day?—A. Yes. 

Q. Where?—A. I was on my way to the Charcoal Point voting place and he 
was returning from there, and I spoke to the Wickersham watcher, Mr. Alt- 
house, and I asked him if he had voted. 

Attorney Zeigler. We object to this as hearsay; the witness is giving his 
testimony from what Mr. Althouse told him. 

Judge Wickersham. It was part of what occurred at that meeting; this man 
was an official watcher, and it was an inquiry he made about a person who 
voted from another person who was an official watcher. 

Q.-Go ahead.—A. On my arrival at the polls I asked Mr. Althouse if Mr. 
Van INIavern had voted, and he said he had. And my purpose in going to the 
polls was to tell Mr. Althouse that the legal voters in that precinct had to 
reside there for 30 days prior to the election, and I asked him if they had 
oaths and whether they were swearing them to them down there. 

Q. Did Mr. Van Mavern offer to vote in this precinct?—A. No, sir. 

Q. You don’t recall that if he did?—A. No. 

Q. Do you know INIr. Mahoney, this Mr. Mahoney sitting right here?—A. Yes. 

Q. Did you see the man that day?—A. Yes, sir. 

Q. Where did you see him, in the Ketchikan precinct?—A. Yes, sir. 

Q. And Mr. Sharpe, the United States deputy marshal?—A. He was acting 
as watcher for Mr. Sulzer. 

Q. And what was Mr. Mahoney doing?—A. He acted as watcher after 2.30 
in the afternoon for a short time. 

Q. What was he doing the rest of the time?—A. I couldn’t say; I was in the 
polls all day. 

Q. How much of the time were you in this room on that day, acting as 
watcher?—A. I was here; come in the morning at 8 o’clock, and I was away 
for about an hour, and then I was here until they finished counting the votes— 
1 or 2 o’clock next morning. 

Q. Did you go out around town electioneering that day?—A. No, sir. 

Q. You heard Mr. Cosgrove put into the mouth of the witness a while ago 
that you were bringing lots of Irulians down to Charcoal Point and voting 
them.—A. No, sir; Mr. Cosgrove was mistaken. 

Q. You heard him make that statement?—A. Yes. 

Q. Was it true?—A. No, sir. 

Q. You don’t know the Gillises?—A. No. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 127 


Q. Speaking about natives, do you know one Herman Ridley; he is a na¬ 
tive?—A. Yes, sir. 

Q. Do you know who brought him here to the polls to vote?—A, I think he 
came into the polls with INIr. Sharpe, the deputy marshal. 

Q. Did you have anything to do with bringing him here?—A. No, sir. 

Q. Do you know Mrs. Steve Ragan?—A, Yes, sir, 

Q. Who is she?—A. Wife of the deputy United States attorney. 

Q. Do you know how long she had been in this precinct before election day?— 
A. .Tust a few days. 

Q. How long, about?—A. I couldn’t say; she wasn’t here long enough to be 
a regular voter. 

Q. Less than 30 days?—A. Yes, sir. 

Q. Was she here more than 10 days?—A. I couldn’t say. 

Q. Do you know where she came from here?—A. I think their home is at 
Haines, or near Haines. 

Q. Where they have a homestead?—A. Yes, sir. 

Q. And she voted on election day here?—A. Yes, sir. 

Q. What official position does her husband occupy?—A. Deputy United States 
attorney. 

Q. Do you know whether or not he is a Democrat?—A. He is a Democrat. 

Q. Was he a supporter of ]Mr. Sulzer, do you know?—A. Yes, 

Q. To what extent?—A. He is a very enthusiastic worker. 

Q To what extent did Mr. Mahoney here and Mr. Sharpe and other officers, 
including Mr. Ragan, support INIr. Sulzer? 

Attorney Zeigler. .Tust a moment. .Judge, to what other officers are you 
referring? 

Judge WiCKERSHAM. Aliy others you may know, 

Mr. Oliver. Well, they are known as the Democrat thirty; leaders of the 
Democrat Thirty, and they were all very earnest supporters of Mr. Sulzer. 

By Attorney Cosgrove : 

Q. Did you see Mr. Ragan working that day for the Democratic Party or 
the Republican ticket, on election day?—A. Well, I did to this extent; that he 
wrote out his wife’s oath when his wife’s vote was challenged; he wrote out 
the challenger’s oath, the oath for a challenged vote, and personally I know that 
Mr. Tiagan is a very enthusiastic partisan man and it is generally understood 
he would be working in the interest of ]Mr, Sulzer. 

Q. Didn’t you know that prior to election day he had been sick for quite a 
while with the influenza?—A. Rut he made it a point to be up on election day. 

Q. And you noticed on that day that he was in a vei‘y sick condition and 
very inactive; his enthusiasm was mental entirely; do you remember that?— 
A. Well, of course, I can’t say how active he was outside the polls. 

Q. Just how active was he inside the polls?—A. I can state he was very 
active in regard to Mr. Sulzer, .Rist the same as any other man would be that 
would be interested in their nominee, and he worked up to what his physical 
condition would stand. I believe be worked to the full capacity of his physical 
condition to see that ^Ir. Sulzer was elected. 

Q.'Just as you did for Mr. Wickersham?—A. It was a question, probably, of 
physical ability. 

Q. That is why you had the better of it?—A. No; I was not active outside 
the polls; I was here ns a watcher and I believe I did everything I could as 
a watcher. I was official watcher. 

Q. Were you the head of the Wickersham uplift movement on that day or 
did you look to any superior for instructions?—A. I don’t understand your 
meaning. 

Q. M'ere you the manager of the Wickersham foi’ces?—A. I never have been 
a manager of the Wickersham forces in ^Ir. Cosgrove’s meaning. 

Q. You were simply a watcher that day?—A. A watcher. 

Q. For Mr. Wickersham?—A. For Mr. Wickersham. 

Q. By whose appointment?—A. Mr. Wickersham’s appointment. 

Q. You were the head of the labor union at that time, were you not?—A, I 
believe I was if it was organized then. 

Q. You have quite a few Indian members of the labor union?—xV. Yes; a good 
many. 

Q. And, of course, you attempted to induce all members of the labor union, 
who were qualifled, to vote for Mr. Wickersham?—A. No; I took no active 
part in bringing voters to the polls. 


128 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Don’t yon roinember l)ringiiig any Indians to the polls that day?—A. I 
didn’t hrin^ anyone. 

Q. Yon don’t reineinher, in company with George Brown or Dale Hunt, or 
either of them or both of them; yon don’t remember bringing four or five 
Indians to the ])olls and voting them?—A. IMyself, personally? 

(^. Yes; in company with them.—A. On election day I didn’t even, to the 
best of my knowledge, speak either to Mr. Brown or ]\Ir. Hunt. Mr. Hunt and 
I aren’t personal friends. 

Q. Yon now swear yon didn’t bring any Indians to the polls on that day?— 
A. Well, I don’t know that it is necessary for me to swear, is it? 

.Indge WicKEHSiiAM. He is nnder oath; whatever he says is under oath. 

Attorney Cosgrove. Apparently he doesn’t understand that, Judge, from the 
way he answers. 

By Attorney Cosgrove : 

Q. I just want your statement.—A. I wasn’t in company with either of 
them gentlemen at all on that day. I don’t want to make any misstatements. 
To the best of my knowledge and belief I brought neither white man nor 
native to the polls. 

Q. Nor sent them to the polls?—A. Well, I don’t know; I can’t remember 
I sent them; my work, the only thing I remember of doing, besides being 
a watchman at those polls on election day, was to go down there to Charcoal 
Point to see Mr. Althonse and to tell him what oath they were taking here 
and the election law they were using here, and I went down town to buy 
myself a cigar, and all the rest of the time, to the best of my knowledge, I 
was here in the polling place. 

Q. Y"on went down to Charcoal Point precinct in an automobile, did you?— 
A. I did. 

Q. Anybody with you?—A. No. 

Q. How long did you stay there, did you say?—A. No more than 10 minutes. 

Q. You remember that this Ketchikan precinct showed a big majority for 
Wickersham on that day?—A. I do. 

Q. How do you account for the big majority for Mr. Wickersham, consid¬ 
ering the fact that all the Federal ofiicials were working for Mr. Sulzer, as 
you .say?—A. How do I account for it? 

Q. Yes.—A. Well, only it is the inalienable right that any man can vote as 
he sees fit. 

Q. In other words, the Federal officials had no influence on the local vote? 

Judge Wickersham. May be they had a very powerful influence. 

Attorney Cosgrove. The results didn’t show it. 

Judge Wickersham. The results did show it. 

Attorney Cosgrove. You don’t mean to say you would have received all the 
votes if it hadn’t been for the interference of the Federal officials? 

Judge Wickersham. I meant to say that the people might have been displeased 
with the action of the Federal officials. 

Attorney Cosgrove. May have been. 

By Attorney Cosgrove : 

Q. By the way, Mr. Oliver, what position, with reference to this labor union, 
did you hold at that time?—A. I was organizer. 

Q. And you were the president or chairman?—A. No; secretary. 

Q. You were the secretary?—A. Y’'es. 

Q. And you had the list of names of members of this union on that day?—A. 
On that day, no. 

Q. Or just prior to that day?—A. Only on the register in a ledger ; that was all. 

Q. But you and your organization made some preparation for election day, did 
you not, IMr. Oliver?—A. Personally, I made preparation. 

Q. And personally you lined up the organization for Mr. Wickersham, did you 
not, so far as you could?—A. No; I think it was Mr. Wickersham’s own capable 
work that lined up the organization. 

Q. But he wasn’t here at that time?—A. No; he was here previous to that 
time. 

Q. And during his absence you continued the work?—A. Not any more than an 
earnest citizen does. 

Q. But you are a stanch Wickersham supporter, are you not?—A. Y^'es; I 
have been for a good many years. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 129 


Q. And you were giving your best efforts to the development of the WickershaiiT 
movement on election day, wern’t you?—A. Well, I appreciate Judge Wickershanr 
a great deal. 

Q. You don’t mind answering my question do you?—A. Only as a watcher. 

Q. And for several weeks prior to election day you had been using your best 
efforts to get the organization in line to vote to a man for Wickersham on elec¬ 
tion day ? I don’t say you alone, but in company with others who were members 
of the organization?—A. Well, I simply thought I was doing the duty of a good 
citizen. 

Q. But you did that, didn’t you?—A. Yes; for years before, too. 

Q. To the best of your ability?—A. Yes, and to the best interest of Alaska. 

Attorney Cosgrove. That is a question. 

Judge Wickersham. You don’t agree with that? 

Attorney Cosgrove. I know people who don’t. 

By Attorney Cosgrove: 

Q. And in your efforts to line up the labor organization, of which you were 
an efficient head, you figured in the Indians, too, did you not?—A. Well, I didn’t 
figure in so much as I outfigured the Federal officials. 

Q. And outgeneraled them?—A. I tried to. 

Q. In fact it was due to your efforts in a great measure that Wickersham lined 
up such a big majority in this precinct?—A. I would feel fiattered to know it 
was true. 

Q. That is the way you do feel about it?—A. I don’t feel bad about it. 

Q. Further, for several years, just prior to this election day, what business 
liave you been engaged in besides being a Wickersham supporter, Mr. Oliver?— 
A. I wish the attorney for the opposition would confine himself to other things 
than personal questions. 

By Judge Wickersham ; 

Q. They have a right to ask that question, what your business is?—A. I am 
a master mariner. 

By Attorney Cosgrove : 

Q. Have you worked at it for the last four or five years?—A. Whenever I 
had an opportunity. 

Q. How much of the time are you working at it?—A. The last time I was 
employed, I was employed for about eight hours. 

Q. How long ago was that?—A. That was about a year ago. 

Q. And you worked eight hours in the last year?—A. I have worked more 
than that. 

Q. What besides that?—A. Well, taking the attorney’s statements, for the 
opi)osition, I succeeded in getting a big majority of votes for Wickersham. 

Q. And that was the extent of your work?—A. It was work well done. 

Q. Prior to last year how had you been employed? 

By Judge Wickersham: 

I don’t thiidv that very important, state what you want to prove and we may 
admit it. 

By Attorney Cosgrove: 

We want to prove what inference may be drawn as to the extent of the 
Federal officials’ influence over voters as compared with that of a man who 
devotes his lifetime to it, taken in connection with the Wickersham majority 
in this precinct. 

Mr, Oeiver. Do you want me to tell the whole story? 

Attorney CosgroVe. If you don’t make it too long. 

Mr. Oliver. I will state that my country as well as your country was at war 
and the thing necessary for the country, told to most of the people, to win the 
war, was the production of food and on account of my influence with the 
lishermen and as a result of my patriotism, as I see it, I had an idea, and I 
thought the best thing Alaska could do to be of service to the United States, 
was to organize the fishermen so we would have them all together in the pro¬ 
duction of food. And for the time you are stating, and at my own expense, 
it was a sacrifice to me, I organized the white and native fishermen in south¬ 
eastern Alaska, for the one purpose of production of sea foods, and regardless 
of what the attorney might think, I consider it work well done, and I hope 
my answer will be satisfactory to him. 

9 


141279—19- 



130 WICKERSHAM V6. SULZER, DECEASED, AXD GRIGSBY. 


Q. How old did you say you were?—A. Forty-two. 

Q. Well, you reineuiber that the efforts you made to bring the fishermen to¬ 
gether and your subsequent action in going to Juneau didn’t meet with the 
approval of the fishermen at large? And isn’t it a further fact they refused to 
let you address the Territorial legislature? 

Judge WicKERSHAM. I object to tlie attorney’s filling my record up with such 
stuff, it is costing me money. 

Mr. Oliver. I will inform the gentleman that I was successful in my efforts 
before the last legislature. 

By Attorney Cosgrove: 

Q. But you were not permitted to address the Senate?—A. There was a ques¬ 
tion arose. 

Q. What was it?—A. As to whether I was a representative of the Alaska 
labor union or not. 

(J. How was that determined?—A. AVell, I think that the parade that was 
held on the 4th of July here would show that I was the prime mover in the 
judgment of most people, and satisfj^ the citizens of Ketchikan. 

Q. Did not the labor union at that time say you were not its representative?— 
A. It was simply the personal opinion of the secretary of the union. 

Q. But such a wire was sent to the legislature, repudiating you as its head?— 
A. Such a wire was sent to a member of the legislature. 

(J. From whom?—A. From the secretary of the union. 

(>. Now, as to the matter of procedure on election day in this precinct, do you 
remember to whom the legal questions were ad<lressed when any arose—in other 
words, who was the adviser of the election board?—A. Well, the authorized at¬ 
torney. 

Q. Who was he?—A. .ludge Plumley. 

(}. He was an ardent Wickersham supporter?—-A. He never told me so. 

Q. But you know whether or not he was?—A. I can’t say; I wasn’t very inti¬ 
mate with him. 

Q. Do you know whether he was a Wickersham supporter?—A. I couldn’t 
swear to it. 

Q. What is your best opinion?—A. I have none. 

Q. Do you sit here and tell you don’t know whether Judge Plumley was a 
AVickersham supporter?'—A. I couldn’t say. 

Q. On your oath?—A. I couldn’t state it. 

Q. Did Air. Sulzer have a watcher here all day, do you know, or any part of 
the day?—A. I questioned the right of Deputy United States Alarshal Sharpe, 
or I asked him for his credentials, and he was a watcher here most of the time, 
and I think at 2.30 the commissioner. Air. Alahoney, was here in the hall and 
Air. Sharpe went out. 

(^ How long was Judge Alahoney a watcher?—A. Only a short time. 

Q. Few minutes?—A. I wouldn’t state how long a time. 

(}. How long was Air. Sharpe here as a watcher?—A. He was here off and on 
most of the time; he was very active on election day, in and out. 

(>. But he didn’t stay here?—A. Yes; he was here a good deal of the time. 

Q. Did he stay 10 minutes and go out for an hour or did he stay an hour 
and go out for 10 minutes?—A. It has been quite a while ago; I wouldn’t just 
like to make any statement on that point. 

Q. I understood you to say you know Dudley Allen and his wife?—A. I did. 

Q. Have you known them long?—A. I have seen them traveling through 
Alaska. 

(}. Do you know whether or not they have been residents of Alaska for sev¬ 
eral years?—A. I know they haven’t been residents of Ketchikan. 

Q. Do you know whether or not they have been residents of Alaska for 
several years?—A. I don’t know what you mean by several years; I don’t 
know how‘long they have been in Alaska. 

Q. AVould you object to the right of Air. Allen and his wife to vote except 
they may have voted in the wrong precinct?—A. AA'ell, I am not an authority 
on that question. 

Q. You are testif^'ing*?—A. I am testifying just what the law states—that a 
man must reside 80 days in the precinct. 

Q. Do you know how long Air. Allen and his wife had been in Ketchikan 
prior to Section day?—A. Well, as a resident of Ketchikan, I would state he 
never had been here; only a traveling salesman, in and out. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 131 


Q. Do you know how louj>: he had been in here as a traveling salesman prior 
to election?—A. No; I couldn’t state. 

Q. Then the statement you made which seemed to indicate they had just 
stepped off the south-going boat is not correct, is it?—A. That is the correct 
statement. 

Q. Were you here at a former hearing wherein Mr. Hunt testified that he 
had been here several days prior to election day?—A. This is my first ap- 
pearanc*e. 

Q. You still say that Mr. Allen and his wife stepped off the Jefferson for the 
purpose of voting and then went on the Jefferson and went direct to Seattle?— 
A. They had arrived in Ketchikan on the Jefferson that morning. 

Q. That very morning?—A. And went direct to Seattle on the same boat. 

Q. And then Mr. Hunt’s statement that he had been here several days prior to 
election day is incorrect?—A. I don’t know anything about Mr. Hunt’s state¬ 
ment. 

Q. You don’t know how INIr. Allen and his wife voted, of course?—A. Well, 
as a man who would be interested in a nominee’s election, I would naturally 
believe he voted for Sulzer. 

Q. Because he was seen with Mr. Sharpe that morning?—A. Because he was 
brought in by a Sulzer worker. 

Q. And every man who walked to the polls with you that day of election you 
are sure voted for Wickersham? 

Q. You believe because a man is brought to the polls by a nominee worker 
he, therefore, votes for that nominee?—A. From the standpoint of a politician 
I would be very disappointed if he didn’t. 

Judge Wickersham. You are asking about a hypothetical matter and not a 
fact, and I object to it. 

By Attorney Cosgrove : 

Q. You have often found that a man might walk or ride to the polls with a 
worker for a political candidate and still vote against him?—A. I don’t know 
about those things. 

Judge Wickersham. I object to that as not having anything to do with the 
facts in the case. 

Ghas. B. Oliver. 

Subscribed and sworn to before me this 15th day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[seal.] Will H. Winston, 

Notary Public for Alaska. 


deposition of j. guddart. 


Mr. GUDDAKT called and sworn. 

By Judge Wickersham : 

Q. You may state your name.—A. J. Guddart. 

Q. How old are you, Mr. Guddart?—A. About 52. 

Q. How long have you resided in Alaska?—A. Since 1896. 

Q. How long have you resided in the Ketchikan voting precinct?—A. About 
four years. 

Q. You had resided for more than three years here on November 5, 1918, the 
date of the election?—A. Yes. 

Q. Did you vote here that day?—A. I did. 

Q. Are j^ou a citizen of the United States?—A. Yes, sir. 

Q. When were you made a citizen of the United States?—A. I don’t know, 

about 1894 or 5. 

Q. Where?—A. Portland, Oreg. 

Q. Have you got final papers?—A. I have. 

Q. Where are they?—A. In my pocket. 

Q. I^t me see them, please [paper handed over to Judge Wickersham]. 

Q. You are the John Guddart mentioned in these papers, are you?—A. I 

Judge Wickersham. I ask counsel for the other side to examine final papers 
of John Guddart, the witness on the witness stand. 

Q. Mr. Guddart, how did you come to have these papers, when did you get 
them? I noticed you take them out of an envelope, when did you get these 
papers?—A. I got them last summer, the new copy. 


132 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Who assisted you to get them?—A. George Grigsby. 

Q. George B. Grigsby?—A. Yes, sir. 

Q. The gentleman who now claims to be the Delegate from Alaska? A. 
Yes, sir. 

(Attorneys for contestee confer and decide to ask no questions.) 

Attorney Cosgrove (to .Judge AVickersham). You couldn’t suggest a question 
for us to ask him, could you? 

Judge WiCKERSHAM. In answer to counsel’s funny inquiry I will state that 
in the answer of George B. Grigsby tbe allegation is made under oath that 
this man voted here and is not a citizen of the United States. 

Attorney Cosgrove. That is’evidently a mistake. 

.Judge AVickersham. Evidently. 

John Guddart. 

Subscribed and sworn to before me this 15th day of August, 1919, at Ketchi¬ 
kan, Alaska. , • . 

[SEAL.] ■ AATll H. AA^inston, 

Notary Puhlic for Alaska. 

DEPOSITION OF C. D. SCHELL. 

Mr. SCHELL called and sworn. ^ 

By Judge Wickersham : 

Q. Mr. Schell what is your name?—A. C. D. Schell. 

Q. How do you spell it?—A. Schell. 

Q. How old are you, Mr. Schell?—A. Fifty years. 

Q. Where do you reside?—A. Ketchikan, Alaska. 

Q. How long have you resided here?—A. About two years and one month. 

Q. Did you reside here on November 5, 1918, at the time of the general 
election?—A. I did. 

Q. Did you reside here on June 3, 1919, at the time of the special election 
of Delegates for Congress?—A. I did. 

Q. Do you know one C. E. Hibbs?—A. I do. 

Q. How long have you known Mr. Hibbs?—A. A little over two years. 

Q. What has been his occupation since you have known him?—A. Govern¬ 
ment teacher at Klawak, Klawak, Alaska. 

Q. Did you meet him here in Ketchikan on June 3, 1919?—A. I met him 
on election day. 

Q. June 3, 1919?—A. That was the election day, I didn’t remember the 
date, it was on election day. ^ 

Q. Did you have any conversation with him about voting on that day?—A. 1 
did. 

Q. .Just relate that conversation will you?—A. AVe were talking things over 
and the subject of the voting of Mr. Sulzer on the last election came up, in 
fact, I brought the matter up, nnd I told him Mr. Sulzer had voted at Char¬ 
coal Point on the last election. Mr. Hibbs said he didn’t believe it and I 
referred him then to the election office. I said: “ If you don’t believe my state¬ 
ment, you can find out there,” and Mr. Hibbs said: “ AVell, if he did vote 
there he did something he had no right to do.” And that was the main point 
of the conversation, in respect to that. We had another conversation- 

Attorney Cosgrove. AVe believe this ought not be admitted and move to 
strike it o-ut. 

, By Judge Wickersham : 

Q. Was Mr. Hibbs friendly to Mr. Sulzer?—A. Yes. 

Q. Did you learn later that day whether Mr. Hibbs, himself, had voted 
or not?—A. I did. 

Q. Where had he voted?—A. Charcoal Point. 

(^. Did you have any subsequent conversation with him?—A. Yes. I went 
down there to the hotel and saw Mr. Hibbs in there, and I went in and I 
told him he had made a mistake in casting that vote, that he had put an 
iron collar’^around his neck, that he knew he had no right to vote and he 
began to try to excuse himself, and Deputy Marshal Sharpe assisted him 
and tried to prove that he had a perfect right to vote at Charcoal Point 
stating -that it was according to the laws of Alaska and that I didn’t under 
stand the laws. 



WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 


133 


Q. Do you know where Mr. Hibbs lived, what precinct be lived in?—A. He 
told me be bad left; be was still in the Government service but be bad been 
appointed postmaster at Craig, and that be was starting into the store business 
there in Craig and building bis building, I believe at that time. 

. Q. It was true be bad resided in Klawak as Indian agent for a year or 
more?—A. Yes; several years. 

Q. Do you know whether be did reside at Charcoal Point precinct or not?— 
A. Not since I came to Ketchikan. 

Q. As Indian agent be was in charge of the Bureau of Education work?— 
A. He is principal of schools and as principal of schools be is superintendent 
of the town. 

Q. At Klawak?—A. Yes. 

Q. In the Craig voting precinct?—A. I suppose it is in the Craig precinct. 

By Attorney Cosgrove. 

Q. You are referring now to the primary election, are you, Mr. Schell?— 
A. No. special election. 

Q. The special election, you are not testifying about the election of Novem¬ 
ber 5, 1918?—A. No. 

Q. This very last election?—A. Yes. 

Q. Mr. Wickersham was not a candidate at that time?—A. No. 

Q. This conversation you speak of having had with Mr. Ilihbs, it got pretty 
hot on both sides?—A. Which conversation? 

Q. The one when Sharpe was ])resent.—A. I wouldn’t call it hot. I still 
thought I was correct and would think so until I saw some law to prove other¬ 
wise. There wasn’t any anger on either side, if that is what you mean by hot. 

Q. In that election you speak of Mr. Grigsby and Mr. Jones were the can¬ 
didates?—A. Yes. 

Q. And you were the manager of the Jones campaign?—A. Chairman of 
the committee. 

Q. For Jones’s campaign?—A. Yes. 

Q. And are you the husband of Edith Clark Schell?—A. I am. 

C. D. Schell. 

Subscribed and sworn to before me this 15th day of August, 1919, at 
Ketchikan, Alaska. 

[seal.] Will H. Winston, 

Notary Pudlic for Alaska. 

DEPOSITION OF TAYLOR ALTHOUSE. 

]Mr. ALTHOUSE called and sworn. 

By .Tudge Wickersham : 

Q. You may state your name.—A. Taylor Althouse. 

Q. Where were you born?—A. Wilmington, Will County, Ill. 

Q. How old are you?—A. I was born 1851, 14th daj'^ of January. 

^Q. Are you a married man?—A. Yes. 

Q. How long have you resided in Alaska?—A. I came to Ketchikan in 1902; 
January, 1902—some time in .January, 1902. 

Q. And how long since January, 1902, have you resided in Charcoal Point 
voting precinct?—A. I have been living there since the fall of 1913. 

Q. About five years in Charcoal Point voting precinct?—A. Yes; since fall 
of 1913; made that my home, built there. 

Q. You have a residence there?—A. Yes. 

Q. Were you there on November 5, 1918, on the day of the general election for 
Delegate to Congress in Alaska?—A. I was. 

Q. What did you do on that day?—^A. I was acting as official challenger for 
that precinct. 

Q. For what party?—A. Republican Party. 

Q. Did you see Mr. Bob Oliver there that day?—A. I did for a few minutes. 

Q. For how long?—A. Well, he came in there for a few minutes and wanted 
to know what kind of an oath I was challenging on, and I told him I was going 
by the statute, and I pulled out the statute that had been handed to me, and I 
said that was governing us. 

Q. What statute did you show him, Territorial law?—A. Yes, sir. And then 
he showed a copy of the oath they were using down in Ketchikan and appealed 


134 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


to the judge of election about it, and they treateil it lightly, and he finally went 
away cross about it, apparently, and was dissatisfied. I never acted in that 
capacity before and I didn’t know where I stood, so I appealed to the judges 
then as to what they were going to do about this oath he showed us, and Austin 
says we know what to do, and then he picks up the oath and looks at it awhile, 
this one Oliver said he was using up town, and Austin speaks up and grins 
and says to IMr. Heath, who was one of the judges, I guess we will have to use 
this form of oath, and we did use it. 

Q. What time was that?—A. Early in the day. 

Q. In the morning?—A. After this man who had come down, a traveling man. 

Q. Van Marvin?—A. Yes, sir; that was his name; he had come down and 
voted and IVIr. Oliver come to Charcoal Point shortly after and wanted to know 
if I didn’t challenge that man, and I said no. 

Q. Did Mr. Oliver bring any voters there at that time?—A. I didn’t see any. 

Q. Weren’t you there?—A. I was about one hour out at noon, and I had a 
man in my place; he would know. 

Q. Were you acqiniinted with Mr. Charles A. Sulzer on that day?—A. Yes. 

Q. He was a candidate for Delegate to Congress?—A. Yes. 

Q. Was iNIr. Sulzer at the Charcoal Point precinct that day?—A. Yes, sir; 
he come around. 

Q. What did he do?—A. He came in and Mr. Mahoney came with him. 

Q. Who is INIr. Mahoney?—A. Judge Mahoney. 

Q. This gentleman sitting here?—A. Yes, sir. 

Q. This man, INIr. Mahoney?—A. Yes, sir; he introduced ns and we both 
acknowledged we knew each other, and after a few joking remarks had passed 
between iNIr. Mahoney and myself, then Mr. Sulzer went to vote and prepared his 
ballot and come and voted and I didn’t challenge him. 

Q. Do you know whether INIr. Sulzer resided in that precinct at that time?— 
A. He did not. 

Q. Had he ever resided there?—A. Not in my time. 

Q. Do you know where he did reside?—A. Yes; from general knowledge he 
resided in Sulzer precinct. 

Q. In what part of the Territory is that?—A. West coast of Prince of Wales 
Island. 

About how far from Ketchikan or Charcoal Point precinct is that?—A. 
Sixty or eighty miles; I only know from hearsay; I can’t say about that, I 
never saw over there in that section of the country. 

Q. Do you know Mr. Mahoney who is sitting here?—A. Yes, sir. 

Q. AVhat offi(*ial positions does he hold?—A. He is known as commissioner 
here and recorder, I belitwe. 

Q. Ex officio justice of the peace?—A. Well, I know, the fact his being com¬ 
missioner covers that; all of them. 

Q. Deputy clerk of the United States district court?—A. Well, I suppose so; 
I wouldn’t be in a position to know about those things. Of course, he is recog¬ 
nized as an officer, justice of the peace, and commissioner and recorder. 

Q. You say Mr. Mahoney brought Mr. Sulzer to Charcoal Point?—A. Yes, sir; 
in his automobile. 

Q. Who else came with Mr. Mahoney at that time?—A. Really I couldn’t be 
definite, he brought so many people at different times. Sometimes three or 
four—as high as four came with Mr. Sulzer. I think, at that time; yes, it was 
that time three others came besides Mr. Sulzer. 

Q. Who were these three other persons?—A. That old man; I have known 
him for a number of years by hello; I don’t know his name. 

Q. Did he bi'ing J. A. Cochran?—A. Yes, sir; that is the man. 

Q. Who is J. A. Cochran?—A. He is a man that works around; he has been 
on the lighthouse; that is hearsay. 

Q. Was he a lighthouse keeper at Lincoln Rock?—A. Yes, sir; as I know. 

Q. Where is Lincoln Rock?—A. Over toward Wrangell. 

Q. It is in Charcoal Point precinct?—A. No; it is nearer Wrangell than it is 
here. 

Q. Did Mr. Cochran vote?—He did; I told him first I was going to challenge 
him, but I didn’t. 

Q. Do you know who he voted for?—A. Yes; he told me how he voted. 

Q. Who did he vote for?—A. For Sulzer. 

Q. Did he tell you he offered to vote anywhere else that day?—A. Yes, 

Q. Where?—A. In Ketchikan, and they challenged him. 


WICKERSHAM VS. STJLZER, DECEASED, AND GRIGSBY. 135 


Q. Did he tell yon he voted here or just offered to vote?—A. Offered to vote. 

Q. And they challenged him?—A. Yes. 

Q* And he caine down to Charcoal l^)int? Now, Mr. Althouse, how far is 
Charcoal I’oint from the main part of Ketchikan town?—A. Would you call the 
post office the main part? 

Q. Call the post office the main part.—A. I'ractically a half a mile. 

Ketchikan is an incorporated town?—A. Yes, sir. 

Q. And how far is the Charcoal Point voting precinct, the place where you 
vote, from the voting place in Ketchikan? This room right here?—A. I think 
3,000 feet. 

Q. Something oyer a luilf a mile?—A. Something like that. 

(i. Charcoal Point voting precinct was just outside the incorporated town of 
Ketchikan?—A. Yes. 

(i. To. the north?—A. Y^es. 

Is there a road of any kind, any sort of a road connecting these places?— 
A. Y'es; auto road runs from here right down, and a plank road most all the 
way. 

Q. Kims right along the beach?—A. Y"es, sir. 

Q. Are there any other roads connecting them except that one?—A. I don’t 
know of any. 

Just one single plank road along the beach?—A. Yes, sir. 

Q. How many people do you think were brought to Charcoal Point precinct 
that day to vote from Ketchikan, from the Ketchikan voting precinct?—A. I 
didn’t tally them. 

Q. Who brought them?—A. IMr. Ylahoney brought all I saw come in. 

Q. Did you see Boh Oliver bring any?—A. I did not. 

Q. Now besides Mr. Sulzer and J. A. Cochran, the lighthouse keeper at Lin¬ 
coln Rock, who else did Ylr. Mahoney bring there?—A. One man, a milkman; 
he lives across the channel here, I don’t recall his name; they told me, the 
judges that were there. I come near challenging him. 

Q. Who brought Van iMarven down there?—A. Mr. Mahoney ; he was tlui 
first man Mr. Ylahoney brought down—if that is the drummer. 

Q. Do you know where Mr. Van Marven resided when he was brought 
there?—A. I asked the judges who he was, and they told me he was a 
drummer. 

Q. Do you know whether he lived at Charcoal Point?—A. No; that is the 
first man I had doubts about. Well, he was questioned by the men around 
there; they didn’t say anything about having to be in the precinct 30 days, so 
I didn’t challenge him. They told me he belonged in Juneau. 

Q. Were you informed whether or not Mr. Van Marven had offered to vote 
anywhere else?—A. I was afterwards. Somebody told me—I don’t recollect 
who it was—that he had offered to vote up here. I remember him distinctly, 
because I was thinking of challenging him. 

Q. Was he a resident of that precinct?—A. I knew he was not. 

Q. And IMr. Mahoney brought him there?—A. When I was sitting here a 
while ago I said he did, and Mr. Mahoney shook his head. I don't intend—I 
don’t want to make any misstatements, hut I was under the impression he 
brought him. There was a lady along with him, and somebody told me after¬ 
wards she was a school-teacher. 

Q. Where was Mr. iMahoney sitting when he shook his head?—A. He was 
sitting where they are at the present time. 

Judge WiCKERSHAM. I ohject to Ylr. Mahoney sitting in the room shaking 
his head at the witnesses and asserting his influence. 

Attorney Cosgrove. No doubt the action was involuntary; the statement 
isn’t true. 

Judge WiCKERSHAM. I doii’t think the counsel ought to make such a 
statement. 

Attorney Zeigler. Your own ivitness acknowledges what he sfated is not 
true. 

Ylr. Althouse, Before he came in there—Mr, Van Marven—the telephone 
bell rang in the storeway. 

By Judge AVickersham ; 

Q. In the Charcoal Point voting place?—A. Yen; and Mr. Austin got up and 
went to the phone and had a conversation with some one; and he was one of 
the judges, you know; and shortly afterwards Air. Ahin Alarven came in, and 


136 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


after I lieard he had been challenged up there I presumed they inquired if he 
could vote down there. 

Q. Did YOU see an Indian there that day by the name of George A. Nix?— 
A. I did. * 

Q. Did he vote?—A. He did. 

Q. Who brought him?—A. Mr. ^Mahoney brought him in there. 

Q. In his automobile?—A. Yes, sir. 

Q. Did you challenge the Indian?—A. I did. 

(}. On what ground—that he wasn’t a resident of the precinct; didn’t belong 
in the precinct?—A. He came in there, and I said, “ I challenge that man,” and 

]Mr. Mahoney said, “On M'hat ground?” And ^Mr. ]\Iahoney and I are ac¬ 

quainted, and I said, “ On account of the company he is keeping,” meaning 
he was a Democrat. I intended nothing per.sonal. and Mr. ^Mahoney told me 

then that I would have to give a reason, and I said, “ He is not a resident of 

the precinct, .see.” That is the way it started. 

Q. You challenged him. What happened then?—A. Then INIr. Austin put up 
questions as to how long he had lived in the Teri'itory, and lie was a native, 

he claimed; and he stated he lived on the west coast of Prince of Wales 

Island—whether it was, what precinct, but I think it was Sulzer. Anyhow, 
he belonged on the west coast of Prince of Wales Island ; and then ]\Ir. Austin 
asked him how hmg he had been in the precinct. He couldn’t seem to under- 
.stand, and INIr. Austin put it this way, “How long have you been in town?” 
And he said he came in night before last on a launch and tied up to the wharf. 
Then Austin reads this oath to him, the challenged oath, and he stood there 

as that [indicates how man stood], and he shoved it itp to him and said, 

“ There it is if you want to sign it.” 

Q.' He shoved it over to the Indian?—A. The Indian was standing beside of 
]\Ir. Austin, between Austin and me, at the hooking place, and then he started 
around there [indicating]. 

Q. The Indian?—A. Yes; the Iiuiian. He shoved the oath over there [indi¬ 
cating] and said, “ There it is if you want to sign it,” and he stood there 
saying nothing; and Mr. Mahoney says to him, “Sign that paper”—in that 
manner. Then he started around and- 

Q. The Indian started around?—A. Yes. 

Q. He did sign it?—A. He did. 

Q. And was he sworn to it?—A. When he signed it he was not. 

Q. I want you to tell what happened.—A. Austin read it to him and in that 
oath he said he had been in the precinct 30 days and when he started around 
I said that ain't right to make that man perjure himself, he don’t know 
what he is signing. 

Q. Well, he did sign it?—A. Mr. ^lahoney said I will have you and P>oh 
Oliver liefore the grand jury for voting Indians illegally all day. 

(). Had you voted any?—A. I did not; I replied that all the Indians I had 
seen that hade been in here he brought in. 

(). Mr. Althouse, had you been out of that place to get anybody to vote?— 
A. No. I did, I went down and got a neighbor, when I went to dinner to my 
house I called at Hoadley’s and got them to come up and asked them to; they 
did come up and vote. 

(j. How many?—A. Mrs Hoadley, her husband, and one brother, two brothers. 

Were they Indians?—A. No, sir; white people, been here 18 years, 

(}. I will ask you again if you left the polling place to get any Indians to come 
and vote?—A. No. 

(j. Then why did Mr. Mahoney threaten to have you before the grand jury 
for l)ringing Indians to vote;—A. I don’t know unless it is a bluff. He hadn’t 
seen me doing it; when he got there I was standing at the polls. 

Q. How much time did Mr. Mahoney spend around that place on election 
day?—A. H« was there many times. 

Q. What was his attitude toward the election officers there and voters and 
])e()ple in general?—A. Well, I saw him collar that Indian; he had to go across 
the room to make out his ballot, he had a copy in his left hand, he goes over 
there with a blank ballot in his left hand- 

Q. Worker’s ballot?—A. And the ballot he was going to till out in his right 
hand. 

Q. That is the official ballot?—A. Yes. He had a piece of pai)er, yellow piece 
of i)aper, it was like the copy I had seen. 

Q. Was it a worker’s ballot?—A. Yes; in the left hand and he goes over 
there; I could see him from where I was standing at the time, and I suppose 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 137 

lie iiijide out the official ballot and Mr. IMalioney went to look over his shoulder 
and then he walks hack to the polling place and sees the ballot put in there and 
then they went out and then back to town. 

Q. :Mr. IMahoney was working for Mr. Sulzer that dav at the polls?—A. He 
was talking Sulzer. 

Q. Do you know whether Mr. Mahoney had formerly been employed by Mr. 
Sulzer? A. Yes; I heard him say so at a public meeting one time. 

Q. Mr. Mahoney holds a Democratic office here?—A. Yes. 

And was friendly to Sulzer, all that?—A. Yes. 

Q. M here did Jsix live, in the Charcoal precinct?—A. No, he didn’t claim to—■ 
on the west coast of Prince of Wales Island. 

Q. Could Mr. iMahoney see his ticket when looking over his shoulder?—A. 
He could see it. He was very nervous all day. He would walk prett.Y close 
several times. He just went and looked back and forth. 

Q. A\ ho was this?—A. Several voters, when several men voted he had brought 
down. 

(}. He was taking a great interest in the voters and how they voted?—A. 
Yes, sir. 

Q. Charcoal Point voting precinct is in the Ketchikan recording district, is 
it?-—A. Yes, sir. 

Q. Do you know who appointed the election officers in the (-harcoal Point 
voting precinct for that election?—A. Yes; I understand the commissioner has 
the appointment. 

Q. And the commissioner is iNIr. iMahoney?—A. IMr. Mahoney. The judges 
of election told me iMahoney had attended to that matter—we talked a great 
<leal when there was nothing else to do. 

(}. M ere there any challenges made to any of these persons whom Mr. 
Mahoney brought to the Charcoal Point voting precinct? Weren't any of them 
challenged?—A. Y"es, sir. 

(}. How many of them?—A. I don’t recollect. 

Q. Were any of the challenges sustained?—A. Yes. Tailor, I have forgot 
his name; a Jewish-looking man, Slovenian he looks like. 

Q. How many challenges were sustained against people iNIahoney brought 
there?—A. I am not clear, only those two—Indian and the tailor. 

Q. But as to the Indian, the challenge was not sustained; he was allowed to 
vote?—A. Yes; and the tailor also. 

(}. But the Indian said he lived over in Sulzer voting precinct?—A. West 
coast of Prince of Wales Island; I think it was Sulzer precinct. 

Q. How many persons were brought down there from Ketchikan to vote 
that day by Mahoney?—A. A good many. 

Q. Do you know most of them or were many of them strangers?—A. Yes; 
now, there was at the time that Sulzer came down, there was three besides 
Sulzer; one of them was that tailor and the other man I mentioned here. 

Q. Cochran?—A. Cochran. And that other man, he was turned down. 

Q. He wasn’t permitted to vote?—A. No; he did not vote. 

Q. Why didn’t he vote?—A. He wouldn’t take the oath. 

Q. Do you know where the tailor was from?—A. He was from Seattle; nat¬ 
uralized in Seattle. 

Q. Did he live in the Charcoal Point precinct?—A. I never saw him only 
around Ketchikan. I don’t know where he sleeps and eats; I never saw the 
man in the Charcoal Point precinct. 

Q. You were well acquainted out there?—A. Around back and forth every 
day. 

Q. And knew the people?—A. Yes, sir. 

Q. Did he reside there?—A. No; he didn’t. 

Q. Do you remember being in the Stedman Hotel the night before election?— 
A. Yes, sir. 

Q. Did you see INIr. Mahoney there?—A. Y^es. 

Q. What was he doing?—A. Electioneering for Mr. Sulzer and offering bets 
that Sulzer would be elected; making bets. He wanted to make bets, and I 
don’t recollect he made any bets of that kind. 

Q. Was he betting on Charcoal Point?—A. Yes. 

Q. What did he say?—A. He would bet Charcoal Point would go for Sulzer. 

Q. Did he make any bets?—A. He did; $25. 

Q With whom?—A. J. R. Heckman. Mahoney bet that Charcoal Point 
would go for Sulzer, and Heckman took the bet. Heckman come to me before 
he took the bet. Mahoney had made this proposition and Heckman turned to 


138 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


me and said, “Altlionse, liow will Cliarooal Point j:o?” “Well,” I said, “if it 
<lon’t gi\e Wickersham a j>:reat majority, then T will never make another pre¬ 
diction on election,” and he turns right around and makes the bet. 

Q. These ballots cast by Indians were placed in the ballot box and were 
counted?—A. Yes. 

Q. Do yon know whether Austin was a Democrat?-—A. Yes. 

Q. And INIr. Heath?—A. Well, Mr. Heath at that time lie was supporting the 
Democratic ticket. 

Q. He was a very earnest snpiiorter of Mr. Sulzer?—A. Yes, sir. 

Q. Who was the other election officer?—A. A lady, Mrs. Nicket; she died 
since. 

Q. Mrs. Rickard?—A. Rickard; that is it. 

Q. Was she very active around the polls that day?—A. No, sir; she was not. 

Q. She attended to her business?—A. She did. 

Q. Do you know Bert Heath?—A. I don’t know one Heath boy by name 
from another. I know them when I see them, but I don’t know them by their 
names. I think now I know Frank. 

Q. Do you know whether he is a Republican or Democrat, and whether Mr. 
Heath was a supporter of Sulzer—A. I know it two years before and last year, 
and Mr. Heath told me why. 

Q. Why did he tell you?—A. He told me he was down on Wickersham ; it was 
a personal case. 

Q. Do you know John Durkin?—A. Yes, sir. 

Q. Ever had any talk with John Durkin about Mr. Mahoney and his activities 
as a politician?—A. Yes; Mr. Durkin told me—— 

Attorney Cosgrove. This is hearsay. Judge; we object to it. 

* By Judge Wickersham : 

Q. You have had such conversation with him?—A. Yes. 

Q. Do you remember what he did?—A. Durkin made some charges against 
^lahoney to Judge Jennings; I do. 

Q. Did he talk to you about that?—A. He did. 

Q. And what did he say? He talked to you about it pretty fully?—A. Well,, 
he told me he had put in a big lot of evidence; it took two hours, I think, to 
do it; he was telling it and was going to get signers- 

Attorney Cosgrove. Seems it is objectionable- 

By Judge Wickersham : 

Q I am asking what he said ; I am not asking you about signers.—A. He said 
he was making a case before—against Mahoney. 

Q. Did you write any letter to Judge Jennings yourself?-—A. I did. 

Q. About what Rate?—A. Few days after that time, after IMr. Durkin and I 
was talking. 

Q. Durkin’s letter has been introduced and it is dated December 31, 1918; 
your letter was after that?—A. Yes, sir. 

(}. About what time later?—A. 1 don't know; a short time after Mr. Durkin 
told me this. 

Q. Now, you have given me a copy of that letter and I will read it to you : 

Ketchikan, Alaska, January 15, 1910. 

Judge Robert W. Jennings, 

Ketchika n, A1 aska . 

My Dear Sir: Should you desire further evidence than what you already 
have in regard to Mahoney’s offensive and pernicious activities on November 5, 
1918, I can testify, as I was official challenger at Charcoal I’oint precinct. 

Respectfully, 

Taylor Althouse. 

Q, Is that your letter to Judge Jennings?—A. Yes; and I mailed it, 

Q. Did you ever get an answer?—A. No. 

Q. Do you know if it is a fact Judge Jennings appointed Mahoney to his pres¬ 
ent positions or not?—A. Yes. 

Q. Is it true that Judge Jennings himself is a very partisan Democratic offi¬ 
cial?—A. I don’t know that. 

Q..He doesn’t reside here?—A. No. 

By Attorney Cosgrove: 

Q. Mr. Althouse, in this long general conversation you had with Mr. Heath, 
in which he said he was down on Wickersham personally, did he say anything 





WICKERSHAM VS. SUL2ER, DECEASED, AND GRIGSBY. 139 

alH)ut his \ery greatly disappointed with the Democratic organization on 

acc*onnt of the fact that it had not treated liini right?—A. The Democratic or¬ 
ganization? 

Q. Yes.—A. No. 

Q. Nothing said about his promised nomination for a member of the legisla¬ 
ture?—A. He didn’t but somebody else did. I have heard it around. 

Q. Did you not gather from Mr. Heath, or did he say anything about his being 
unfriendly to the Democratic Party?—A. He was friendly to Mr. Sulzer and I 
was not, as a politician. 

Q. Isn’t it a fact his whole family were unfriendly to the candidacy of Mr. 
Sulzer?—A. No. 

Q. You don’t know anything about it?—A. I do know that they were friendly 
to Mr. Sulzer. 

Q. You know they all voted for ]Mr. Sulzer, don’t j’ou?—A. I presume they 
did, from their attitude before election. 

Q. Do you know ]Mr. Lloyd and his wife, Mr. Heath’s son-in-law and his 
Avife?-r-A. I don’t know how they voted. 

Q. Do you know how Bert Heath voted?—A. From his talk I judge he voted 
Sulzer—well, 1 don’t know one of the boys from the others ; is Bert the one who 
come back—has been in Canada? 

Judge WrcKERSHAM. Y^es. 

Mr. Althouse. I don't, as I had no conversation with him. 

By Attorney Cosgrove : 

How did Frank vote?—A. I don’t know whether he voted or not. 

Q. Do you know how Mike voted?—A. I don’t know anj'thing about them; I 
knew they belonged here and I didn’t challenge them. 

Q. There was a great deal of political activity in that precinct, you say, on 
election day?—A. Yes. 

Q. And it was all by Judge Mahoney?—A. By golly, he was the biggest 
opei'ator. 

Q. There were a lot of Wickersham workers, too?—A. Not around the polls, 
excei)t outside; there was Harrison. 

Q. Did you see any Wickersham workers bringing any voters to the polls?—■ 
A. Not inside. If they brought any they dropped them at the door. 

Q. Y'ou didn’t notice?—A. If they brought any they didn’t come in with them. 
They might have brought a hundred there; hut I didn’t see anybody inside. 

Q. Did you notice whether the Wickersham supporters used automobiles in 
bringing voters to the polls?—A. I didn’t see any. 

Q. Did you see any other automobile there except Judge Ylahoney’s?—A. You 
know autos go by there all day, down and up the road; I couldn’t say they 
brought voters. The only one I saw bringing voters there was Mahoney. 

Q. Well, how many did he bring?—A. Well, how many, now, I couldn’t be 
dehnite as to the real number. 

Q. Do you know whether he brought three or four?—A. More. 

Q. Four or live?—A. Four at one time, I tell you. 

Q. Do you know you saw him drive up to the polls in his auto; where were 
you at the time?—A. \>&. I was standing inside, in the polls. The front of 
the store was all glass, and I saw an auto drive up and Mr. Sulzer come in 
with Mr. Mahoney, as I stated before, 

Q. That was the only time you saw an automobile come up to the polls with 
persons in it?—A. No, sir; the time he brought this man—milkman. 

Q. Schaffer; I mean Stensland?—A. I know this milkman lived on the island 
and I couldn’t place him; come pretty near challenging him, and I didn’t; and 
finally I asked Austin, “Who is that fellow?” and I says, “I am going to chal¬ 
lenge him;” and he says, “ He is the milkman.” Then I knew him. 

Q. Now, with reference to this man Nix; you say he told the board that he 
lived on Prince of Wales Island?—A. I couldn’t be positive which precinct he 
said he lived in; whatever he said, it was on Prince of Wales. 

Q. Is that what he told you?—A. He mentioned the precinct, whatever pre¬ 
cinct it was, that was on tlie west coast of Prince of Wales Island. 

(i. And that was after your board had adopted the rule setting aside the 
Territorial law requiring only 30 days’ residence in the division,, which allows 
a man to vote if he has been a year in the Territory and 30 days in the divi¬ 
sion?—A. They was making them take that oath. 

Q. Your board had considered that rule after Mr. Oliver came down to see 
you?—A. l’'es, sir. 


140 WICKERSHAM VS. SULZER, DECEASED, AN^D GRIGSBY. 


Q, Tlien you decided, tlie l)oard did, that a man must show he was a resident 
of the precinct in which he voted or offered to vote 30 days ahead of election 
day?—A. Yes. 

Q. And this man came in afterwards?—A. Yes; in the afternoon. 

Q. And he told you he lived on Prince of Wales somewhere?—-A. Yes. 

Q. And then you allowed him to vote after that by the making of a statement 
you knew was not true and which he said was not true?—^A. I challenged him; 
what more could I do. 

Judge WiCKERsiiAM. The action of the board is not his fault. 

Attorney Cosgrove. He was a member of the board. 

Judge WiCKERSHAM. He wasn’t a member of the board, and I object to it. 

By Attorney Cosgrove; 

Q. Who were the members of your board?—A. Mr. Heath and Austin and the 
lady. 

Q. And you were watcher?—A. I was watcher. 

Q. Now, that Charcoal Point voting precinct takes in all the territory imme¬ 
diately around the city of Ketchikan, does it?—A. I understand it takes in 
Gravina Island and out to Point Higgins. 

Q. So if a man lived down beyond the oil dock-A. I don’t know. 

Q. Suppose a man lived down near Saxman; if he wanted to vote on that 
day he would have to come to Charcoal Point precinct?—A. I suppose; al¬ 
though I have no idea. 

.Judge WiCKERSHAM. There was a Beaver Falls precinct. 

P>y Attorney Cosgrove : 

Q. And’ the only way to get to your precinct was over this road?—A. That 
is all I know of, the only road I know. 

Q. This man .Tack Cochran, you have known him a number of years?—A. 
Yes. 

Q. Old-timer in Alaska?—A. Yes; that is the reason I didnH challenge him. 

Q. Old-time resident of Ketchikan?—A. Yes. 

Q. And so far as you recollect he was a resident and had always been in 
Ketchikan?—A. I met him once in a while here, but I hadn’t met him for so 
long that I mistook him for another man. 

Q. And you said you have met him during the last several years here?—A. 
Yes; I don’t know whether I met him other places or not. 

Q. By the way, you were a member of the last grand jury?—A. No, sir. 

Q. Were vou a member of the grand jury that fall of the election in 1918?— 
A. No. 

Q. Were you a member of the grand jury in January, 1919?—A. I was a 
member of the grand jury a year ago last spring. 

By Judge Wickersham : 

Q. The spring of 1918?—A. I was a member of the grand jury then. 

By Attorney Cosgrove : 

Cj. But you were not in town during the session of the grand jury following 
the last election; that is, January, 1919, you were in town?—A. Yes. 

Q. Did you make any effort to carry these violations of law before the grand 
jury?—A. I went around town to see about doing it and nobody wanted to 
back me up, and I said I would be ofhcious and get myself laughed at and 
stand alone. I have seen such things done before now. 

Q. The bet you spoke of which IMr. Mahoney made with .1. R. Heckman, is 
that Senator Heckman, member of the Territorial senate, you speak of?— 
A. Yes. 

Q. And he was senator at that time?—A. Yes, sir. 

Q. Did you make any bets on the Charcoal Point district?—A. I didn’t; Mr. 
Mahoney offered to bet with me. 

Q. AVere there any other workers in the Charcoal Point voting precinct, be¬ 
sides yourself, in behalf of Ainckersham?—A. There was a man that talking 
outside there; yes. 

Q. From whom did you take your instructions as watcher?—A. Instruc¬ 
tions? I didn’t take any instructions. 

Q. Or suggestions?—A. AVhy, the only one I recall making a suggestion that 
day was after this young Heath had voted in the afternoon, along the last of 
the day, and I stepped to the door for fresh air and while there, and this 
young fellow Heath had been sitting there for a long time in the room, and 



W-ICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 141 


I turned I was just iii the doorway—and so I come hack into the room and 
he was just taking his seat. I was satisfied lie had voted, this younj? Heath. 
Then Harrison makes the statement he was the man working for Wickersham, 
and he come to me and lie said, What did you let that Heath vote for? 

By Judge Wickersham : 

Q. Which one of the Heath boys was that?—A. They call him Dug. 

Q. Was it Bert; was it the one who had been in British Columbia?—A. Yes; 
he said he had been eight years in Canada and taken out papers, and I said 
I didn’t know this, why didn’t you tell me; I knew he was a Heath. 

By Attorney Cosgrove : 

Q. But IMr. Oliver had been down there?—A. In the morning. 

Q. Wasn’t it a fact you did look to INIr. Oliver for any difficulties that might 
arise, on the Wickersham end, for instructions and advice?—A. He came in, 
I told you what transpired between him and I, and he wanted to know 
what oath I was using, and I said I hadn’t made any challenges yet. 

Q. But he gave you some instructions at that time?—A. He said this is the 
oath they are making us use up there, and shows it to us. 

Q. And he told you to be governed by that fact?—A. I reads it and gave it 
to the judges to read, and I asked them what they are going to do. They 
had some words with IVIr. Oliver, the judges. Mr. Austin treated Mr. Oliver’s 
statement with contempt like, and stood him off. 

Q. But Mr. Oliver at that time was a strong Wickersham supporter?—A. I 
don’t know he was. 

Q. That was his general reputation?—A. I know he supported Mr. Wicker¬ 
sham. 

Q. Wasn’t he one of the leaders?—A. I might have been a leader. 

Q. I know it might detract from your standing in the community, but Mr. 
Oliver was a leader?—A. He was active. 

Q. He was very active?—A. He was up town and I was down there. I 
wasn’t on hand to know what he was doing. 

Q. And you don’t know who INIr. Oliver was working for days and weeks be¬ 
fore that?—A. I was never much acquainted with Mr. Oliver. 

Q. You don’t know the general reputation he had throughout the town as 
one of the most enthusiastic supporters and workers for Mr. Wickersham?—A. 
I couldn’t say I knew anything of the case. 

Q. You have no impression?—A. I suppose people could come and tell you 
I was very active. 

Q. Were you?—A. Really I was not; before the election I might have taken 
an interest. 

Q. Before election, just before they voted?—A. I mean days before. In 
fact, I was following up one in particular, refuting what he was telling the 
women folks, and that man wasn’t a resident of the Territory here. 

Q. You did keep busy most of the time working for ]Mr. Wickersham?—A. I 
was losing no time, hut when I was up town I was talking politics. 

Q. And you were uptown most of the time?—A. Evenings during the winter¬ 
time, and I generally met Mr. Cosgrove, too, around every time I was uptown. 

Q. And during the wintertime, as a matter of fact, that is when the people 
are around you can talk to?—A. In the summer I am attending to business. 

Q. Do you remember very clearly that Mr. Mahoney instructed this Indian, 
made him sign that paper?—A. He didn’t say sign that oath; he said sign that 
paper. 

Q. And the Indian went up and swore to it?—A. He went around there and 
signed that oath; Austin shoved it out to him. 

Q. Did ]Mr. Austin make the Indian hold up his hand?—A. In ansv;ering 
those questions lie had his hand up, when he asked him how long he had lived 
in the Territory. 

Q. Had the Indian said at that time he lived on Prince of Wales Island?— 
A. Yes; he said he lived on the west coa* t of Prince of Wales Island. 

Q. And had come in the night before?—A. Night before last, on a launch. 

By Judge Wickersham : 

Q. Now, you said in answer to Mr. Cosgrove’s inquiry that this Heath—Bert 
Heath—who had been down in British Columbia, was sitting around the polling 
place there; for how long had he been there?—A. Some time; two or three 
hours, anyway. 


142 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. And when yon weiit over by the door and wiis looking out, he voted?—A. 
Yes, sir. I was outside; you see, I had closed the door and was standing on 
the thresliold of the d<K)r and looking- 

(}. And tlien your attention was called to the fact he had voted?—A. I goes 
in there and afterwards—and when turning to come in I saw him going away 
and I concluded he had voted. 

Q. As a matter of fact he did vote?—A. He did vote. 

By Attorney Cosgrove; 

Q. The voting place down there was in Mr. Heath’s store?—A. Yes, sir; the 
building he had; he had no store open at that time. 

Taylor Althouse. 

Subscribed and sworn to before me this 15th day of August, 1919, at 
Ketchikan, Alaska. 

[Sejal.] Will H. Winston, 

'Notary Public for Alaska. 

DEPOSITION OF ARTHUR A. WAKEFIELD. 

The hearing having been previously adjourned until 2 p. m. and parties 
interested being present at said hour Mr. WAKEFIELD is called and sworn: 

.Attorney Cosgrove. At this time we want to make objection to the taking 
of testimony of this witness, as we have all other witnesses on the ground 
that no notice was served. If notice was served at Juneau, no boat has come 
from Juneau and there has been no time for preparation, counsel appearing at 
this time only being advised to-day, with the exception of one witness, who 
were going to be here and whose depositions were going to be required. 

By Judge Wickersham : 

Q. State your name, will you?—A. Arthur A. Wakefield. 

Q. How old are you?—A. Fifty-three years of age. 

Q. Are you a nfarried man?—A. Yes, sir. 

Q. AVhere do you reside?—A. Ketchikan. 

Q. How long have you resided here?—A. Seventeen years—over 17 years. 

Q. With your family here in Ketchikan?—A. Yes. 

Q. What is your business?—A. INIining engineering. 

Q. Were you in the city of Ketchikan on November 5, 1918, at the time of 
the general election?—A. I was. 

Q. Did you see Dudley Allen and his wife on that date?—A. I did. 

Q. Where did you see them?—A. Coming from home I stopped in at the 
post office on my way over, and as I was coming out of the post office I saw 
Mr. Allen and his wife and Marshal Sharpe, and they were coming up this 
way, and we met right at the steps, and I lifted my hat and stopped and let 
them go ahead of me, and they canfe in here and voted ahead of me. 

Q. Did Allen and his wife both vote?—A. They did; yes; that is, they put 
their names down and took slips. 

Q. So far as you know they voted?—-A. Yes. 

Q. Do you know where they came from when they came up here to vote that 
morning?—A. Except hearsay, so Joe, Dynamite .Toe in the Stedman, said. I 
went right from here over there and asked him if they were stopping there, 
and he said no. they came off the Jefferson. 

Q. Was the Jefferson a boat that they were on?—A. Yes, 

Q. How long had the Jefferson been in port?—A. It hadn’t been here long. 

Q. Then as a matter of fact they did get off the Jefferson and come up here 
and vote?—A. And Joe told life they were going right through. 

Q. Did they go back on the boat?—A. I had work to do; I didn’t pay any 
attention; I just went over to find out what right they had to vote. 

Q. Have you looked up the register in the hotel lately?—A. Yes. 

Q. When?—A. About 20 minutes ago in the Stedman, 

Q. Were they registered in the Stedman?—A. They were not. 

Q. Did they reside in the Ketchikan precinct?—A, They do not; not to my 
knowledge. 

Q. Did they reside here at that time?—A. No; I don’t believe they did. I 
think they called their home in Juneau, 

Q. What is Allen’s business?—A. Traveling man; all I know. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 143 


Q. Commercial drummer?—A. I met him a good iifany times; I know him 
to speak to. 

Q. You are pretty well acquainted here in this precinct; you reside here?— 
A. I know they don’t reside here, except in the hotel. 

Q. Do you know Gus Gillis and his wife?—A. I might know him if he is 
the one I mean. I didn’t see them that day; Allen and his wife and Sharpe are 
the only three I saw; they come up here when I come up. 

Q. They came up with Sharpe, the United States marshal?—A. Yes. 

Q. Do you know Janfes Sales?—A. I do. 

Q. What is his name?—A. James E. Sales. 

Q. And his wife?—A. Yes. 

Q. Are you acquainted with both of them?—A. Yes. 

Q. How long have they resided in Ketchikan?—A. They came here the next 
year after I did—that is, his wife did; she has been here ever since she was a 
little girl; she couldn’t have been more than 7 or 8 years old; she has been here 
16 years, I think. 

Q. Have they a home here?-—A. They have. 

Q. Did they have on the 5th of November last?—A. Y’^es. 

Q. How long previous to that did they have a home here?—A. Their home 
has always been here to my knowledge ever since they were married. 

Q. They had resided in tlie Territory more than one year?—A. They were 
here last summer; their house is always open; they go down to the cannery, 
back and forth each year, of course; but they call their home here and get 
their mail here. 

Q. What do they have here in the way of a home?—A. They have the house 
they are living in right across the street from Mr. Cosgrove. 

Q. Do they have furniture in the house?—A. Yes. 

Q. Is Mrs. Sales there now?—A. Y'es. 

Q. Have they any children?—A. Yes; three of them. 

Q. And that has been their home for several years?—A. Ever since I know; 
never had any other. 

By Attorney Cosgrove : 

Q. Did you notice especially whether the register showed Dudley Allen and 
his wife to have I)een here within two or three weeks of the election day you 
speak of?—A. I have seen them quite often in Ketchikan ; coming down this 
morning, the reason I wanted to know was that we had had an argument the 
night before, over to the hotel; some said that people who lived way up in 
Juneau or in Sulzer could vote here, and some said there was a new law requir¬ 
ing a person to be 30 days in the precinct; and the next night after election 
we heard that Sulzer’s vote had been challenged; and I made the remark right 
in front of the crowd that they ought to have challenged to others; if he 
couldn’t vote, these people hadn’t a right to vote. 

Q. And I understand you to say you looked at the Stedman Hotel register a 
few minutes ago?—A. Yes. 

Q. For what date did you look at the register of the hotel—the 5th of Novem¬ 
ber, 1918?—A. Yes. I was satislied that he wasn’t there on that day. 

Q. Did you look back, then?—A. No; because .Joe told me they got off the 
boat that morning. He couldn’t have been here the night before or several days 
before. 

Q. Y^ou know it has been Mr, Allen’s habit to put in days and even weeks at a 
time in Ketchikan during the past year?—A. Y'es; a few days. 

Q. Y’^ou don’t know how long?—A. No. 

Q. You don’t know whether he calls Ketchikan or Juneau his home?—A. I 
couldn’t swear to that; I know when he is in here he registers at the Stedman; 
I think Juneau he calls his home; he lives in .Juneau; that is his home. 

Q. So far as you know personally, you have no knowledge of the facts; you 
don’t know where his residence is?—A. I know it isn’t here; never has been. 

Q. He might still have a home here?—A. He never lived here, outside of stop¬ 
ping at the hotel. 

Q. So far as you know?—A. No. 

Q. With reference to Mr. Sales, do you remember that Mr. Sales went south 
last fall?—A. Y’'es. 

Judge WiCKERSHAM. I object, as it was after election; it cuts no ice that he 
went south last fall. 


144 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


By Attorney Cosgrove : 

Q. Speaking before the election, you say lie has a home here now?—A. Yes. 

Q. And has had a home here for several years?—A. Yes. 

Q. Isn’t it a fact that when he went south last fall he gave up his home here? 

Judge WicKEKSHAM. I ohject to that. 

Mr. Wakefield. No. 

By Attorney Cosgrove: 

Q. Isn’t it also a fact it was not his intention to return?—A. He intended 
to return here in the spring, to my knowledge, until he got the new job; he 
never said he wasn’t going to live here. 

Q. As a matter of fact, he moved away from here up to the new job?— 
A. He moved up there for a few weeks this year. 

Q. That in accordance with his intention of the previous fall?—A. He might 
have had an idea to leave, hut he never left yet, to my knowledge, for good. 

Q. Isn’t it a fact the reason why he didn’t move his family to Port Walter 
was that he got into a squabble with the company, and, therefore, dropped his 
job?—A. That was this year, not last year. 

Q. But it was last year he made the contract to go to Port Walter?—A. No; 
I don’t believe it was. 

Q. Do you know anything about it?—A. I am quite sure it was this spring, 
about January or February sometime. 

Q. Isn’t it also a fact that his property was for sale?—A. Yes; it was for 
sale awhile this year. 

Q. Wasn’t it for sale when he went 'south last fall?—A. I can’t swear 
to it. 

Q. You don’t know anything about that?—A.- 

Q. And isn’t it a fact that his family is about to join him now? 

Judge WiCKERSHAM. I object to that. 

By Attorney Cosgrove : 

Q. By the way, where is he employed?—A. Beauclere. 

Q. His property is for sale now, is it not?—A. I think not. 

Judge WiCKERSHAM. I object. 

Mr. Wakefield. Just in answer to your other question, his wife told me 
a few days ago that they were not going to sell their home. 

By Attorney Cosgrove: 

Q. Have you been up to that property recently?—A. No. 

Q. To see whether the sign is still on the front stoop?—A. She told me she 
wasn’t going to leave. 

Q. Have you seen the sign?—A. That might be up there, but they have 
had no intention of selling in the last few weeks. 

Q. Isn’t it a fact preparations are being made by Mr. Sales to move his 
family'to Beauclere?—A. No; not this year; they are going to stay here. 
They have furniture down in our house that is stored there, and they want 
it back up again. 

Q. You were mayor at the time of election, November 5?—A. Yes, sir. 

Q. And you appointed all the officers, judges, and clerks of election?—A. Me; 
I did not. 

Q, In conjunction with the city council?—A. I hadn’t anything to do with it. 

Q. And, of course, you were a strong Wickersham supporter, too?—A. I 
have voted for him; yes. 

Q. And you were a strong supporter on election day?—A. No; I was not. 
I voted up here and just walked away and went to work, worked all day. 

Q. Don’t you remember asking anybody to vote for :Mr. Wickersham that 
day?—A. No. 

Q. And that was because you were working?—A. No. 

Arthur A. Wakeftet.d. 

Subscribed and sworn to before me this 15th day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[SEAL.] 


Will H. Winston, 
Notary Public for Alaska. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 145 


DEPOSITION OF ISAAC M. THOMAS. 

Ketchikan, Alaska, Autfust 16, 1619 —t p . m . 

I. ]M. THOMAS, called and sworn; 

By Judge Wickersham : 

Q. ]\Ir. Thomas what is your name?—A. Isaac M. Thomas; I generally sign 
it, I. M. Thomas. 

Q. How old are you?—A. Fifty-nine years old. 

Q. Are you a married man?—A, Yes, sir, 

Q. Where do you reside?—A. In Ketchikan; my wife has been dead for 10 
years; of course, I was a married man. 

Q. How long have you resided in Ketchikan?—A. It will he six years this 
coming November. 

Q. Have you a daughter?—A. Yes, 

Q. What is her name?—A. I have three of them. I think the one you speak 
of is Nellie Luella Thomas. 

Q. Nellie L. Thomas?—A, Yes. 

Q. There is some question, Mr. Thomas, about her age; do you know whether 
she voted last election, November 5, 1918?—A. Only just heard her say; I wasn’t 
here, 

Q. Did she vote?—A. Yes; I was outside the city limits. 

Q. How old was she November 5, 1918?—A. A little past 21. 

Q. What was her birthday?—A. 29th of October. 

Q. On the 29th day of October, 1918, how old was she?—A. She was 21 past. 

Q. That was her birthday?—A. Yes. 

Q. Then November 5, 1918, she was more than 21 years of age?—A. Yes, sir. 

Q. And where did she reside?—A. She was working for Harvey Stackpole, 
here in town. 

Q, How long had she been in the Territory of Alaska?—A. About four years. 

Q. And in Ketchikan?—A. About four years. 

By Attorney Cosgroves : 

Q. You say that you lived at that time outside the city limits, Mr. Thomas?— 
A. Just outside the city limits. 

Q, And your family resided with you?—A. Some of the children were there 
with me. 

Q. Your wife?—A. My wife has been dead 10 years, 

Q. Some of your children keep house for you?—A. Youngest daughter and 
part of the time my daughter-in-law. 

Q. You maintain a house there?—A. Yes, sir. 

Q. For your family?—A. Yes, sir. 

Q. And is it close to the Charcoal Point voting booth?—A. Why, you know 
where Prof. Jones lives, I live right the next house to him. 

■Q. How far from the Charcoal Point voting booth?—A, I judge about five 
blocks. 

Q. Beyond?—A. This side. 

(}. Toward Ketchikan?—A. Yes. 

Q. Not within the corporate limits of the town?—A. No, sir. 

Q, Your daughter Nellie was living at home at the time?—A. That is, home 
when she came home, but she worked for Harvey Stackpole. 

Q. By the day I presume?—A. By the month. 

Q. And stayed with him temporarily?—Yes. 

Q. But her home was with you, of course?—A. When she wanted to come 
home it was There, but she only came there one day a month-and sometimes not 
that; just came for a few hours. It was her home whenever she wanted to make 
it her home, and really her residence was with Harvey Stackpole. 

Q. She went around and obtained employment in different places and when, 
she was out of employment she would go home?—A. She wasn’t out very muclq 
she was with Harvey Stackpole several years, better than two years. 

Q. But you always considered your home her residence?—A. Yes; when she 
wanted to come. 

Q. You say she became 21 the 29th of October, 1918?—A. 1897 she was born,, 
the 29th of October, and that would make her 21 in 1918. 

Q. Do you know whether or not she has been going to school ?^—A, In the 
Ketchikan public school. 


151279—20-10 



146 WICKEHSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. During 1918 and 1917?—A. She went in 1915 and 1916, I don’t think she 
did in 1917 and 1918, only night school, I am not sure. 

(}. ^^'ho, if anybody introduced her to the school, to the school authorities?— 
A. I really don’t know as anyone did, she went to school with the rest of the 
children, until she went to work for Air. Stackpole. 

Q. Do you know what the records of the school show affecting her age?—A. 
I think they would show, 

Q, Do you know what they show?—A. I do not. 

Q. 1 presume Nellie knows her own age?—A. Yes, sir. 

(}. Ever heard her speak of it?—A. Yes, sir. 

Q. Recently?—A. I don’t know as I have for a year or so. Of course, when¬ 
ever her birthday comes around we always have a birthday dinner for her and 
her friends. 

Q. Have you and your daughter Nellie talked over the matter of her age 
very recently?—A. No. 

Q. How long ago?—A. Probably two years ago. I think it was two years ago 
the last time we had a birthday dinner for her. 

Q. How did you happen to be a witness here to-day?—A. I was asked by Mr, 
Wickersham. 

Q. Personally?—A. Yes, sir. 

Q. Did he ask you personally?—A. He did. 

(}. Where were you?—A. Over to the Revilla. 

Q. Had anybody else talked to you but Wickersham?—A. Mr. Stackpole. 
Mr. Stackpole came over there and then I met Mr. Wickersham in the Revilla, 
and he asked me to come up here. 

Q. When ]Mr. Stackpole saw you—A. Wednesday. 

Q, Did he tell you what you were expected to give testimony about?—A. Yes, 

sir. 

Q. And you and he discussed the testimony?—A. Not to speak of, only he 
wanted to know the girl’s age and wanted to know if I could tell and I said 
I woiddn’t say I thought it was the 29th of October but I wouldn’t be positive 
until I look at the records and I went home and looked at the records. 

What is the record?—A. The 29th of October. 

(}. What is the record?—A. Family record. 

Q. In what form?—A. In the Bible. 

Q. In whose handwriting?—A. Some in mine and some in my wife’s. 

Her age?—A. My handwriting. 

Q. Then that is probably correct?—A. I think it is, 

Q. Unless you made a mistake?—A. I don’t think I did. I think it is correct. 

By .Judge Wickersham : 

Q. What business are you in?—A, Well; at the present time I am working 
for Mr. Bergman, 

Q. In what business?—A. Working in the fish house, 

Q. Here on the wharf in Ketchikan?—A. Yes, sir. 

Q. How long have you followed that class of business?—A. The last two 
years when he was working there. At other times I have been doing whatever 
I could, we have a boat, hauling and cutting piles, fishing, whatever happens 
to be. 

I. M. Thomas. 

Subscribed and sw(»rn to before me this 16th day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[seal.] Will H. Winston, 

Notary Public for Alaska. 

DEPOSITION OF JOSEPH ULMER, 

.Judge Wickersham. I want to call INIr, PTlmer, 

Attorney CosgroVe. We make objection, not having been notified of his being 
here to testify, and we have had no opportunity for preparation of cross- 
examination, 

.Judge Wickersham. It is about a matter which has already been befor'e you, 
and I imagine we will have no difficulty about it. 

Attorney Cosgrove. I just want the record to show the objection; that is all. 

(Witness sworn.) 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 147 


By Judge Wickersham : 

Q. State your name, Mr. Ulmer.—A. Joseph Ulmer. 

Q. How old are you?—A. Forty-three. 

Q. How long have you resided in Alaska?—A. Well, I have resided in Ketchi¬ 
kan steadily three years. 

Q. And in Alaska?—A. Off and on for the last 22 years. 

Q. What is your business?—A. I follow mining and engineering. 

Q. Where were you on November 5, 1918, on the day of the genefal election 
for Delegate to Congress in Alaska?—A. In Ketchikan. 

Q. Do you know Dudley Allen and his wife?—A. I do. 

Q. Did you see them on that day?—A. Yes, sir. 

Q. What did you see them doing; just tell your story, what you saw them 
doing?—A. I saw them this morning—the steamship Jefferson came in and they 
came up here about 7 o’clock in the morning in company with Mr. Sharpe. 

Q. Who is Mr. Sharpe?—A. United States deputy marshal; {ind they voted 
here, Mr. Allen and his wife. 

Q. They voted in Ketchikan?—A. Ketchikan. 

Q. In this room we are now sitting in?—A. In this room. 

Q. What did they do?—A. They went out and went down to the boat again. 

Q. On board the Jefferson? —A. Yes, sir. 

Q. When did the Jefferson arrive that morning?—A. About half past 6 or 7. 

Q. How long did the Jefferson remain at the wharf in Ketchikan?—A. Prob¬ 
ably half an hour or three-quarters. 

Q. Did they come in on the Jefferson that morning?—A. They did. 

Q. And went out on the Jefferson that morning?—A. Yes. 

Q. And in the meantime they came up here and voted?—A. In this room. 

Q. Who met them and came up with them?—A. I saw Mr. Sharpe meet them 
at the boat and come up with them. 

Q. How long have you known them?—A. Who do you mean, Allen? 

Q. Yes.—A. Oh, I have seen him now and then stop off in Ketchikan on his 
business trips. 

Q. What is his business?—A. I think he is traveling for a wholesale house in 
Seattle. 

Q. Commercial drummer?—A. Yes. 

Q. Does he reside in Ketchikan?—A. He stays in Ketchikan when he comes 
here on business. 

Q. Did he have any home in Ketchikan at that time?—A. Not to my 
knowledge. 

Q. You are pretty well acquainted in Ketchikan?—A. I am. 

Q. Has he resided in Ketchikan since that time?—^A. Only when he comes in 
here on business. 

Q. How long does he remain here when he comes here on business?—^A. Prob¬ 
ably a week or two weeks. ‘ 

Q. Where does he remain at tliat time?—A. I think he stays in the Stedm'an. 

Q. Stedman Hotel?—A. Yes. 

Q. And what is he doing here during the time he remains, for that period?— 
A. I guess he takes orders for his goods; articles that he sells. 

Q. In other words he is a commercial drummer who comes in for a few days 
and goes out again?—A. I think so. 

Q. And that constitutes his residence in Ketchikan, so far as he has any?— 
A. To my knowledge. 

Q. What about his wife, do you know whether she was a resident of Ketchi¬ 
kan?—A. I don’t think she was. 

Q. Did they have any home here?—A. Not just then; not to my knowledge. 
I understood they just got married and he was coming down from Juneau at 
that time on his honeymoon and going to Seattle. 

Q. Have they had a home here since theh?—A. Not to my knowledge. 

Q. You say Allen was simply spending his time in town while doing business 
By Attorney Cosgrove- 

for the concern he represents?—A. So far as I know. 

Q. And so far as you knoAv that is all he does in Juneau, too?—A. I presume 
he does. 

Q. Or Skagway?—A. Yes. 

Q. Or any other place?—A. Yes. 


148 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You don’t know whether he does or doesn’t consider Ketchikan liis home?— 
A. No; I don’t know that. 

Q. Joe, how did you happen to be up so early that election morning?—A. 
Naturally, being a national holiday in Alaska, I took time to come down here. 

Q. Got up earlier than usual-.—A. And I happened to come down, and 

the Jefferson just happened to he coming in and I went down to see who was 
coming off. It was kind of a rainy day, and what called my attention more was 
because I happened to see them get off the boat and immediately pr()(‘eed to the 
polling place here and before the election judges had organized or read the law, 
they voted, before the watchers could challenge any votes, because the chal¬ 
lengers were not accepted, they hadn’t presented their credentials, so they voted 
before the judges were organized. 

Q. Isn’t it a fact that you were one of Mr. Wickersharn’s supporters, whose 
duty, on that day, was to see that no illegal votes arrived from the outside that 
might be cast against Mr. Wickersham?—A. I didn’t know anything about the 
illegal votes; my object was to get all the qualified voters that had votes to 
come up and vote for Mr. Wickersham. 

Q. And you had been in consultation with Bob Oliver for a few days prepar¬ 
ing for election?—A. Not necessarily. 

Q. Not necessarily; isn’t that a fact?—A. Yes, and- 

Q. And- 

Judge Wickersham. Wait a moment; let him talk. 

Mr. Ulmer. I want him to go ahead and ask the questions. I said yes, but 
when it comes to politics, so far as I am concerned, I don’t need much consul¬ 
tation, to use plain English, with a half-baked politician. 

Q. I understand that; but you had been framing up, so to speak, the pro¬ 
cedure for the protection of Wickersham interests on election day?—A. I did, 
yes; for the support of Mr. Wickersham. 

Q. And you and other leaders used to meet in the Alaska Labor Union Hall; 
did you not?—A. No. 

Q. Where did you meet?—A. Met most any place, hut we never met in the 
Alaska Labor Hall at that time because they didn’t have any. 

Q. Did you anticipate the arrival of Mr, Allen and his wife that morning?— 
A. No. 

Q. But when you heard the boat whistle you went to the wharf?—A. Yes; I 
met it. 

Q. You saw ]\Ir. Allen and his wife come off the boat?—A. Yes. 

Q. And saw Mr. Sharpe meet them?—A. Yes. 

Q. And immediately concluded there was something that required your imme¬ 
diate attention ?—A. No; not necessarily, because I thought it was up to the 
judges to say. 

Q. You followed them up to the polls, did you?—A. Because I come up to vote 
myself. 

Q. Did you see anybody else come off the boat?—No. 

Q. Did .you see the boat land that morning?—A. Yes; she just made fast. 

Q. Did you see them put out the gangplank?—A. Yes. 

Q. Do you know whether Mr. Allen had any grips with him?—A. No; his 
raincoat was over his arm. 

Q. And after that you saw him go right back to the boat?—A. They went out 
and then w’ent back to the boat again. 

Q. Did you stay there until the boat went out?—A. I heard it when she 
whistled. 

Q. You don’t know whether Mr. Allen went through on that boat?—A. He 
wasn’t to be seen that same day, and it was his honeymoon trip, and they had 
everything aboard. 

Q. Then most of your conclusions were arrived at through things you didn’t 
see rather than through what you did see?—A. He wasn’t to he seen that day. 

Q. But isn’t it quite possible a man on his honeymoon might be in towm and 
yet not be seen that day?—A. No; if he was around town that day he would 
have been around, because all his friends were around that day. 

Q. You are sure he was not in town that day because you didn’t see him?— 
A. I was in town all day and I didn’t see him on that day. 

Q. Well, there are lots of people who are in town you don’t see?—A. Yes; 
that I don’t see. 

Q. You have been an ardent Wickersham devotee for several years?—A. 
iSomewhat an admirer of INIr. Wickersham; yes. 

Q. And are now?—A. Yes. 





WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 149 

Q. And just workeil your head off electioneering for him in this precinct?— 
A. I always do. 

Q. And expect to this year?—A. Provided he has the right issues. 

By Attorney Zeigler : 

Q. You mentioned Mr. Allen and his wife being on their honeymoon?—A. I 
understood. 

Q. You didn’t know as a matter of fact that they had been married over 18 
months prior to that time?—A. I didn’t know. 

Q. lou would not say they hadn’t been married at least over a year before 
last election? A. I didn’t know anything about it, only the write-up in the 
paper the same day; of course they write up lots about Dudley Allen. 

Q. I was living in Juneau- 

Judge WicKERSHAM. I object. 

Attorney Zeigler. I just want- 

Judge WiCKERSHAM. I kiiow what you want to do and I object. 

Joseph Ulmer. 

Subscribt'd and sworn to before me this IGth day of August, 1919, at Ketchi¬ 
kan, Alaska. 

[seal.] Will H. Winston, 

Notary Public for Alaska. 


certificate. 

Territory of Alaska, Town of Ketchikan, ss: 

I, Will H. Winston, a notary public in and for the Territory of Alaska, do 
hereby certify that on the 11th day of August, 1919, pursuant to notice, hereto 
attached, depositions of Forest J. Hunt, John J, Durkin, and Harvey M. Stack- 
pole, and on the 15th day of August, 1919, deposition of Taylor Althouse were 
taken before me at my office in the municipal magistrate’s office, in the town 
of Ketchikan; also that on the said 11th day of August, 1919, depositions were 
taken from Aaron Shellhouse, Edward G. Morrissey, J. W. Jones, Samuel S. 
Kincaid, and Mrs. J. A. Kincaid; on the 15th of August, 1919, from E. A. Heath, 
Charles B. Oliver, John Guddart, C. D. Schell, and Arthur A. Wakefield; and 
on the 16th day of August, 1919, from I. M. Thomas and Joseph Uhlmer; and 
that the said witnesses were by me duly sworn to tell the truth, the whole truth, 
and nothing but the truth in said matter; that said depositions were taken by 
a stenographer in my presence, and the witnesses have, after having read their 
testimony in my presence, subscribed and sworn thereto before me as such 
notary public. 

In witness whereof, I have hereunto set my hand and notarial seal this 16th 
day of August, 1919. 

[seal.] Will H. Winston, 

Notary Public for the Territory of Alaska. 

My commission expires June 12, 1921. 

To the above-named contestee and his ayents and attorneys, .J. A. Hellenthal 

and John R. Winn, Esq.: 

Take notice that before G. C. Winn, a notary public for the Territory of 
Alaska, at said notary’s office fin the Valentine Building at said Juneau, Alaska, 
on Friday, the 22d day of August, 1919, beginning at the hour of 5 o’clock p. m. 
of that day and thence continuing until completed, the contestant, Janies 
Wickersham, will take the depositions of the following witnesses residing at 
Juneau, Alaska, to wit: 

Dudley G. Allen, Mrs. Dudley G. Allen, and A. Van Mavern. Dated this 14th 
day of August, 1919. 

James Wickersham, Contestant, 

By John Rustgard and 
John B. Marshall, 

His attorneys. 

United States of America, 

Territof'y of Alaska, ss: 

.Tohn B. Marshall, being first duly sworn, deposes and says: That on the 
14th day of August, 1919, he served an exact copy of the foregoing notice upon 
John R." Winn, one of the attorneys and agents for the contestee, by delivering 




150 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


the same to the said John K, Winn personnally at his ofhce in the town of 
.Tiinean, Alaska. 

John B. Maeshall. 

Subscribed and sworn to before me this 21st day of August, 1919. 

[BEAL.] H. B. Faulkner, 

Notary Fuhlic for Alaska. 

My commission expires November 14, 1922. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Build¬ 
ing, Juneau, Alaska. 

Present: G. 0. AVinn, Esq., John B. Marshall, and John Kustgard on behalf 
of contestant, and .T. iV. Hellenthal on behalf of contestee. 

Notice having been duly given and process served on Dudley G. Allen and 
Mrs. Dudley G. Allen, his wife, for the taking of their deposition on behalf of 
contestant before the above-named officer on Friday, August 22. 1919, and said 
witnesses desiring to be absent from Juneau on said date, the respective parties 
have therefore stipulated that the testimony of said witnesses might be taken 
before the said officer on Saturday, August 16, 1919, at 5 o’clock p. m., pursuant 
to which stipulation the following proceedings were had, to wit: 

DEPOSITION OF DUDLEY G. ALLEN, 

DUDLEY G. ALLEN, being first duly sworn, te.stified as follows: 

Direct examination by Mr. Marshall : 

Q. Your name is Dudley G, Allen?—A. Yes, sir. 

Q. What is your place of residence, Mr. Allen?—A. .Juneau. 

Q, What was your place of residence on November 5, 1918?—A. Juneau. 

Q. On that date how long had you been in the town of Ketchikan, Alaska?— 
A. I got there that morning, 

Q. Did you or not, on November 5, .1918, vote at the general election held in 
the Territory?—A. Yes, sir. 

Q. At the polling place in the town of Ketchikan?—A. Yes, sir. 

Q. On that date for whom did you cast your ballot for Delegate to Con¬ 
gress?—A. 1 don’t believe I will answer that. Judge; I don’t have to answer 
that, do I? 

Q, Well, my best opinion is that where a vote is illegal the person voting can 
be required to answer for whom he voted.—A. Well, is not it a question as to 
whether the vote is illegal or not? I would not vote illegally if I knew it was 
illegal. I understood there was a law authorizing a voter to vote anywhere 
in his division. 

Q. The fact is this: That prior to the election the judges of election received 
from George B. Grisby, attorney general of the Territory at that time and now 
the contestee, instructions to the effect that the act passed by the legislature 
attempting to authorize a voter in Aleska to vote at any precinct in his divi¬ 
sion was in violation of what is known as the delegate act passed by the Con¬ 
gress of the United States and providing for the election of a Delegate from 
Alaska, according to which act a person must be a resident of the precinct in 
which he votes for 30 days immediately preceeding the election. In substance, 
it was instructions from the attorney general that a man could not vote unless 
lie had been a resident of the precinct for 30 day’s, and that is the position we 
take in this matter, and that the vote is therefore illegal; and that being true, 
one so voting may be compelled to testify for whom he voted.—A. Of course, 
that particular visit to Ketchikan began on that day. I had been in Ketchikan 
many times before that, sometimes as long as two weeks at a time, and I can 
remember when I voted in Juneau on other elections where I had only been 
In Juneau possibly a week before election. That was particularly true before 
I was married; my home was here; or my mail came here. That'was the only 
claim I could lay to it as home. I called it my headquarters. I was not here 
any more than at Ketchikan, or Sitka, or any other point that I made. 

Q. This was what you c'alled your home?—A. Yes, sir. 

Q. This is your legal domicile, and you have ordinarily voted here. Well, I 
will ask you to answer the question. I think the question is a perfectly proper 
one.—A. Well, of course, it had not been made clear to my mind. Judge, that 
the validity of that legislative act has ever been proven or disproven. Has 
there ever been any proof or any judgment on that? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


151 


Q. There has never been anj' adjiulication in court, hut tlie contestee him¬ 
self says that it is invalid.—A. Was that made pul)lic? 

Q. That was i)nbiished. It was published in the Emi)ire and the notice was 
sent to the judj^es of election throughout the Territory, and the judges of elec¬ 
tion were furnished with the necessary allidavits for swearing in votes, and ac¬ 
cording to those affidavits they had to swear they had been residents of the 
precinct for 30 days.—A. They never offered any affidavit to me. 

Q. That was sinpdy because you voted early and the judges of election had 
not carefully inspected all their instructions and did not know what their 
duties were. * 

By ]\Ir. Hellenthal : 

Q. Did you know anything about any such instructions being given?—A.*1 
never heard of it. 

Q. You assumed that the law was valid and that you had a right to vote. 
You are not keeping this secret on account of the way you voted, but because 
you feel you have the right of secrecy of a voter?—A. I thought so. I am not 
ashamed of how I voted, hut it strikes me that when a man votes in all good 
faith and has no intentions of breaking the law, it is unfair for anybody to 
stop me—for anybody to challenge me. I was allowed to vote. I gave my 
residence as Juneau. I thought that I could vote anywhere in the first division. 

By. Mr. Marshall : 

Well, I can only state to you that that is the opinion of the attorney gen¬ 
eral, which is undoubtedly correct, and that your vote is therefore illegal. This 
matter is to come l)efore (Congress, which is to determine this cpiestion. To 
make the statement for whom you voted, if the law is a valid iaw, can do no 
harm, for if the law is valid your vote will he counted, and if Congress holds 
that it is not a valid law it will throw your vote out.—A. You mean, do I 
understand, that Congress is going to pass on which of the laws is valid and 
strike out any votes that they claim to h<‘ illegal, no matter wliich law they 
decide would he legal oi illegal after that? 

Q. Congress will he called upon to say whether or not the legislative act is 
valid. That is, if it finds it necessary to decide that (piestion. Congress may 
determine this (pie.stion without deciding all the points raised, because they 
may throw out enough votes on other scores without settling that (piestion, hut 
the presumption is that in this case Congress will determine whether or not this 
legislative act is valid. I would also like to call your attention to section 116 of 
the act of Congress known as the act of February 10, 1851, and that section 
provides that: “Any person who, having been summoned in the manner above 
directed, refuses (ir neglects to attend and te.stify, unless prevented by sickness 
or unavoidable necessity, sliall forfeit the sum of $30, to be recovered, with 
costs of .suit, by the party at whose instance the subpoena was issued, and for 
his use, by an action of debt, to any court of the United States; and shall 
also be liable to an indictment for a misdemeanor, and punishment by fine and 
imprisonment.”—A. That has to do with Delegate contests? 

(}. It deals particularly with the question of the contest of the elections in 
Congress? 

By Mr. Hellenthal: 

Q. Mr. Allen, are you going to be gone very long?—A. Why, yes; 1 think I 
will be gone three or four weeks. The chances are—I am going to Skagway—it 
will be a few weeks, anyway. 

(}. Will that still be time enough for you to take your testimony? I was 
going to suggest that if Mr. Allen is going to be back in time possibly the 
validity of this que.stion might be sulunitted to the district <?ourt here. 

By Mr. IMarshall : 

Q. The time for taking our testimony expires on September 6 and we do not 
want to be crowded at the end.—A. If I knew that the act was illegal, I would 
answer the question immediately ; but if I thought that the provisions of the 
I’erritorial act were in force then I think I would stand on my right of secrecy 
in not saying whom I was voting for. 

Q. I will call your attention to the fact, at the suggestion of Mr. Kustgard, 
that the (♦ontestee in his answer admits that that act is illegal, in accordance 
with the instructions that he gave to the judges of election at the last election 
and also in his answer to the petition of Judge Wickersham. So the question is 
really not in issue. Congress will hold it illegal under the circumstances. 


152 WICKERSHAM VS. SULZER, DECEASED, AK’D GRIGSBY, 


]Mr. IJellknthal. It might not be illegal. Mr. Grigsby’s admission that the 
act was illegal could not bind Mr. Allen very well. It wonld have to come from 
some more antboritative source. 

l>y Mr. Marshall: 

Q. I will put the question again as to whom you voted for for Delegate to 
Congress on November 5?—A. Well, I will answer the question and save the 
time. I do not think it makes any difference. I voted for Sulzer. 

Mr. Marshall. I believe that is all. 

Cross-examination by INIr. Hellenthal : 

Q. Mr. Allen, was your vote challenged?—A. No, sir. 

-Q. What time of day did you vote?—A. Eight o’clock. 

Hou' did you come to vote at Ketchikan when your residence was in 
Juneau?—A. I waited in Alaska—we were going outside; we go out every 
winter—I waited in Alaska for a boat that would allow me to vote. In other 
words, I stayed here to be sure to be allowed to vote before I left for the winter. 
The boat I took was the ^Jefferson; she was scheduled to be in Ketchikan on the 
5th. She got there on the 5th. 

Q. The question I was asking especially was in reference to how you came 
to vote in Ketchikan?—A. Becau.se I happened to be there on that day. 

Q, Under what legal authority?—A. I assumed that the legislative act allow¬ 
ing a resident of the first division to vote anywhere in the first division was 
valid and allowed me to vote in Ketchikan, Wrangell, or Petersburg, or any¬ 
where in the first division. 

Q. Ketchikan is in the first division?—A. As I understand. 

Q. In the same division as where you were a resident?—A. Yes, sir. 

Q. That is how you came to vote in Ketchikan?—A. Yes, sir. 

Q. Had that act not been in force you would have remained in Juneau?—A. I 
w(iuld have stayed here and voted in Juneau. That was my idea in not going 
to Seattle earlier than the 1st of November. In fact, we had thought about 
going down on the Sophia on the trip when she was foundered on Vanderbilt 
Beef, but, of cour.se, we could not go then. Decided to wait over and vote. 

Q. You delayed iiv Alaska for some time in order to vote?—A. Well, I did not, 
as a matter of fact, but if I had not got the Jefferson, to have been able to vote 
in the first division, I would have been here three or four weeks more. It was 
a case where if I had not gotten that boat I would have been here three or four 
weeks more. 

Mr. Hellenthal. That is all. 

Dudley G. Allen. 


Subscribed and sworn to before me this 16th day of August, 1919. 

[SEAL.l G. C. Winn, 

Notarp Puhlic for Alaska. 


My commission expires July 22, 1921. 


DEPOSITION OF MRS. DUDLEY G. ALLEN. 

Mrs. DUDLEY G. ALLEN, being first duly sworn, testified as follows: 

Direct examination by Mr. ^Iarshall. 

Q. What is your given name?—A. Alma. 

Q. You are the wife of Mr. Dudley G. Allen, who has just testified?—A. Yes, 
sir. 

Q. Your residence is in .Tuneau?—A. Yes, sir. 

Q. How long have you resided here?—A. About a year. 

Q. On November 5, 1918, where were you?—A. In Ketchikan. 

Q. Did you in Ketchikan on that day \ote for any candidate for office of 
Delegate to Congre.ss from Alaska?—A. Yes, sir. 

Q. For whom did you vote?—A. I voted for Sulzer. 

INIr. INIarshall. That is all. 

Cross-examination by ]Mr. Hellenthal: 

Q. Mrs. Allen, you had lived in Alaska for .some years, had you not?—A. Yes, 
sir. 

Q. In Skagway?—A. Yes, sir. 

Q. Also in the first division?—A. Yes, sir. 


WICKEKSHAM VS. SULZER, DECEASED, A^D GRIGSBY. 153 

Q. And yon had moved to Juneau from Skaj?\vay?—A. Yes sir 

Q- At the time you were married to ]\Tr. Allen?—A. Yes, sir. 

feeling that you had a right to vote under the act of Con- 
giess that permitted you to vote at Ketchikan?—^A. Yes sir 

Q. That is true?—A. Yes, sir. ’ ' 

Subscribed and sworn to before me this 16th dav of August^ 191^^ Allen. 

^ G. C. \\Tnn, 

. . . Notary Public for Alaska. 

My commission expires July 22, 1921. . 

United States of America, 

Territory of Alaska, ss: 

The undersigned, G. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 16th day of August, 1919, the foregoing wit- 
nesses, Dudley G. Allen and Mrs. Alma Allen, having first.been duly sworn to 
testify the truth, the whole truth and nothing but the truth, in tiieir direct 
examinations, did testify as set forth in the foregoing depositions; 
that said testimony was taken down stenographicfilly in his presence and there¬ 
after tianscribed in typewritten form under his direction and that after the 
same was read by said witnesses, they swore to the same and signed their 
respective names thereto. 

In witness whereof, I have hereunto set my hand and official seal this 16th 
day of August, 1919. 

G. C. Winn, 

Notary Pudlic for Alaska. 

My commission expires July 22, 1921. 


To the above-named eontestee and his attorneys J. A. Helleiithal and John 

R. Winn: 

Take notice that before Grover C. Winn, a notary public, at said notary’s 
office at Juneau, Alaska, on Friday the 22d day of August, 1919, at 5 o’clock 
p. m. of that day, the contestant James Wickersham will take the deposition of 
V. A. Paine, a resident of Juneau, Alaska, as witness for contestant. 

Dated August 21, 1919. 

James Wickersham, Contestant. 

By John Rustguard, 

Attorney for contestant. 

Copy of the above notice received at Juneau, Alaska, this 21st dav of August, 
1919. 

Jno. R. Winn. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Build¬ 
ing, Juneau, Alaska. 

Present: G. C. Winn, Esq., John Rustgard on behalf of contestant, and J. A. 
Hellenthal and John R. Winn on behalf of contestee. 

Notice having been duly given and process served on V. A. Paine, for the 
taking of his deposition on behalf of contestant before the above-named officer, 
on Friday, August 22, at 5 o’clock p. m., the following proceedings were had, 
to wit: 

DEPOSITION OF V. A. PAINE. 

Y. A. PAINE, being first duly sworn, testified as follows: 

Direct examination by Mr. Rustguard. 

Q. Your name is?—A. V. A. Paine. 

Q. And your residence is Juneau, Alaska?—A. Yes, sir. 

Q. How long have you lived in this city?—^A. Nearly six years. 

Q. Are you acquainted with .Joseph Snow-A. I am. 

Q. Generally known as Joe Snow?—A. I am. 

Q. Where has he resided during the years you have known him?—A. .Juneau. 

Q. Where were you on the 5th day of November last?—A, At Kake. 

Q. That is a voting precinct, or on that day was a voting precinct, in the 
first division of the Territory of Alaska?—A. It w’^as. 

Q Did you see Joe Snow there on that date?—^A. I did. 



154 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Where and when on that date did you see him?—A. I sa,w him when I 
got up in the morning, aboard the Catherine D. 

Q. The Catherine D. was-A. A steamship. 

Q. Coming from where and going where?—A. Coming from tJie Sf)uth, going 
through Juneau. 

Q. Was Joe Snow a pas.^enger on the Catherine />.?—A. He was. 

Q. Were you a passenger?—A. I hoarded the Catherine />. at Kake, for 
Juneau. 

Q. Did you learn on that day whether or not Joe Snow voted at Kake? 

]Mr. Hellenthau (interrupting). I object to that. 

Q. (Repeated).—A. He said he did. 

Q. When did you speak to him on the subject?—A. Why, he announced when 
he arrived hack from the store that he had been up and voted. 

Q. What time in the day was that?—A. It was before lunch. The boat was 
there the entire day. 

Q. IMd he state who he voted for?—A. He did. 

Q. Who did he say he voted for?—A. He said he voted for l\Ir. Sidzer. 

(}. Where did Joe Snow come from at that time?—A. He said he was from 
Ketchikan, hound for Juneau. 

Q. He was a through passenger from Ketchikan to Juneau at that time?— 
A. Well, he came from somewhere south of Kake, hound for .Tuneau. I do not 
know where he got on, but my impression was that he said he was from 
Ketchikan. 

Mr. Hellenthal (interrupting). I shall move that these statements of Joe 
Snow be stricken out. 

Q. Was your wife with you at this time.—A. She was. 

(}. Did either you or she vote on that day? 

Mr. Hellenthal (interrupting). (Object to that as immaterial. 

A. We did not. 

Q. Why did you not? 

]Mr. Hellenthal. I object to that as immaterial. 

A. We were at the cannery, which is a full mile from the store. We did not 
live in Kake. although we had been there for more than 80 days, hut we did 
not consider that we had any vote there and we did not go up to the store that 
day. We waited for the steamer to leave. Waited aboard the boat. 

Q. The reason that you and your wife did not vote on the 5th day of last 
November was due to the fact that you were not residents of the Kake pre¬ 
cinct?—A. Yes, sir. 

Mr. Hellenthal (interrupting). I object to that as immaterial. 

Mr. Winn. I object to that as leading, too. 

Q. You stated, as I understand it, that you had been at Kake more than 30 
days?—Yes, sir. 

Q. But that Juneau was your ])lace of residence?—A. Yes. sir. 

(). And that was the reason you did not vote?—A. Yes, sir. 

]\Ir. Hellenthal (interrupting). I object to that as immaterial. 

Q. Do you remember what time the Catherine 7). called at Kake on this 
trip?—A. Yes, sir. 

Q. What time?—A. About 8 o’clock in the evening of the 4th, and she left 
there about 5 o’clock in the evening of the 5th. 

Q. What was she doing there during that period?—A. Loading salmon. 

IMr. Rustgaed. That is all. 

Cross-examination by IMr. Hellenthal : 

Q. Mr. I‘aine, how many times did you see Joe Snow during the year next 
preceding the election of last November?—A. I could not say. 

Q. Did you see him at all?—A. I think so. 

(). Are you sure you saw Joe Snow during the entire year?—A. T think so. 

Q. Where did you see him?—A. In Juneau. 

Q. Where was he living?—A. I could not say. 

Q. Don’t know anything about it?—A. No. sir. 

Mr. Hp:llenthal. That is all. 

V. A. Paine. 

Subscribed and sworn to before me this 23d day of August, 1919. 

[sEAL.j O. C. Winn, 

Notarif Puhlic for AlasJca. 

My commission expires July 22. 1921. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 155 


United States of America, 

Territory of Alaska, ss: 

The niulersigiied, G. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 22d day of Anjjnst, 1919, the foregoing witness, 
V. A. Paine, having been first duly sworn to testify the truth, the whole truth, 
and nothing hut the truth, in his direct and cross examinations, did testify as 
set forth in the foregoing deposition, that said testimony was taken down 
stenographically in his presence and thereafter transcribed in typewritten form 
under his direction, and that after the same was read by said witness he swore 
to the same and signed his name thereto. 

In witness whereof I have hereunto set my hand and official seal this 23d 
day of August, 1919. 

[SEAL.I G. C. Winn, 

Notary PuMic for Alaska. 

]My commission expires July 22, 1921. 

Before G. C. Winn, Esq., notary public, at liis office in the Valentine Building, 
Juneau. Alaska. 

Present: G. C. Winn, Esq.; John Rustgard, on behalf of contestant; and J. A. 
Hellenthal and John R. Winn, on behalf of contestee. 

This is' the time set for the taking of the deposition of Mr. A. Van ]Mavern. 
He has been duly subpoenaed, but he is away from the city at the present time, 
and I ask that the taking of the deposition he continued until Friday, the 29th 
day of August, at 5 o’clock p. m. I can state that Mr. Van Mavern told Mr. 
Marshall, as I am informed, that at the time he was served with a subpoena he 
had a trip phinned and a ticket bought, or words to that effect, but that he 
would be back in a few days. For that reas'on I think the deposition should be 
continued. 

Dated at Juneau, Alaska, Friday, August 22, 1919, 5 o’clock p. m. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Building, 
Juneau, Alaska. 

Present: G. C. Winn, Esq.; John Rustgard, on behalf of contestant, and J. A. 
Hellenthal and John R. Winn, on behalf of contestee. 

Notice liaving been duly given and process served on A. Van Mavern for the 
taking of his deposition on behalf of contestant before the above-named officer, 
on Friday, August 22, at 5 o’clock p. m., and it being necessary for said witness 
to be absent from the city on that day, the case was continued until the 29tli 
day of August, 1919, and, pursuant to agreement to continue the case, the fol¬ 
lowing proceedings are now had, to wit: 

DEPOSITION OF A. VAN MAVERN. 

A. VAN MAVERN, being first duly sworn, testified as follows ; 

Direct examination by Mr. Rustgard. 

Q. State .vour full name.—A. Arthur Van Mavern. 

Q. AVhere do you reside, Mr. Van Mavern?—A. Juneau, principally. 

Q. Now, Mr. Van Mavern, when did you first establish your residence in 
Juneau?—A. About six years ago. 

Q. And you have had Juneau as your residence since?—A. Yes, sir. 

Q. You were at Ketchikan on the 5th of last November?—A. Yes, sir. 

Q. And you voted at the Charcoal Point precinct at that time?—A. Yes, sir. 

Q. How did you come to vote there?—A. Because I happened to be in Ketchi- 
han is all, I think. 

Q. Why did you not vote at Ketchikan instead of Charcoal Point?—A. I went 
there first, and there was some question as to whether I would be permitted to 
vote there, and so I walked out to Charcoal Point. 

Q. You were at that time a resident of Juneau?-A. Yes. sir. I suppose I was. 
I was not a resident of Juneau any more than Ketchikan, in reality. 

Q. How long had you been at Ketchikan?—A. Two days; perhaps three at 
tlifit tim0 

Q. How long did you remain there?—A. I don’t remember now; perhaps four 
or five days. 

Q. You were, there taking orders for goods?—A. Yes, sir. 

O, You had your office here in Juneau?—A. Yes, sir. 


156 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You had a room at the hotel here in Juneau?—A. Yes, sir; as a transient, 
not a permanent room at that time. 

Q. Juneau was your headquarters?—A. Yes, sir; considered such. 

Q. And from .Tuneau you made trips as a traveling salesman to the various 
smaller towns in southeastern Alaska?—A. Yes, sir. 

Q. You think you were just as much a resident of any other small town in 
Alaska as Ketchikan?—A. Yes, sir; or Juneau, really. 

Q. Well, you had an office in Juneau?—A. Yes, sir; hut I did not spend any 
more time here than in Ketchikan. 

Q. Where did you have your personal belongings?—A. In Juneau. 

Q. In Juneau. Were you here in Juneau last winter?—A, All of the winter; 
yes, sir. That is, well, I was out about a month. 

Q. AVere you here in March and April?—A. Yes, sir. 

Q. Did you vote at the last city election?—A. No; I was out of town, I 
believe. 

Q. Did you register for the city election?—A. Yes, sir ; I think I did; last fall. 

Q. You registered for this city election held this spring?—A. This spring? I 
did not register especially for that election. I think I was registered, though. 
That would apply for this year, would it not? 

Q. When do you think you registered last?—A. I think it was last fall, be¬ 
fore the Territorial election. 

Q. When you voted at Charcoal Point, who did you vote for?—A. I voted 
for Mr. Sulzer. 

]\Ir. Rustgakds. Take the witness. 

Cross-examination by Mr. Hellenthal; 

Q. You are a commercial traveler, are you not?—A. Yes, sir. 

Q. As such, you frequent all the various towns in southeastern Alaska?—A. 
Yes, sir, 

Q. Juneau, being the larger town, you probably spend more time in Juneau 
than in the other towns?—A. I think I do; yes, sir. 

Q. But you spend proportionately as much time at Ketchikan as at Juneau, 
do you not?—A. A"ery nearly the same, I think. 

Q. Very nearly the same?—A. I think so. 

Q. Your home is just as much at Ketchikan as Juneau?—A. I believe it is. 

Q. You do not maintain a permanent room at Juneau?—A. I did not at that 
time. I do now. 

(}. You have no place in Juneau you call your home, any more than at 
Ketchikan?—A. No more than that I have an office. 

Q, Your company has an office?—A. Yes, sir. 

Q. But not your personal office?—A. No. 

Q. You have nothing to do with that office any more than that you are the 
representative of the company that maintains it?—A. No. 

(h You have as much a home at Ketchikan as here and your personal belong¬ 
ings you carry with you from place to place?—A. Most of them; not all. I 
generally have some left in storage at the hotel. 

Q. The same as at the hotel at Ketchikan?—A. Often; yes, sir. 

Q. You do that at any time along your route?—A. Yes, sir. 

Q. But you have no special place at which you keep your belongings?—A. 
Not at that time. 

Q. You receive your mail wherever you go?—A. Yes, sir. 

Q. And you have your laundry done wherever you go?—A. Yes, sir. 

Q. You stop at a hotel in whatever town you are in?—A. Yes, sir. 

Q. And get a transient room?—A. I do. 

Q. And did that at Juneau, as well as at Ketchikan?—A. Yes, sir. 

Q. Your relations with the hotels at Juneau were the same as your relations 
with the hotels at Ketchikan?—A. The same. 

Q. Was your vote challenged when you voted, Mr. Van Mavern?—A. No, sir. 

Redirect examination by Mr. Rustgard: 

Q. When you offered to vote at Charcoal Point you gave your place of resi¬ 
dence as Juneau?—A. I believe I did. 

Q. You gave it as Juneau?—A. I think so. 

Q. And so it was written on the books?—A. Yes, sir. 

Q. At that time where did you take your mail?—A. It probably came to 
Juueau and was forwarded to me at Ketchikan, although I don’t recollect. 

Q. You have a post-office box?—A. At Juneau. 

Q. I.,ast summer and fall?—A. Yes, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 157 


Q. How long have yon had a post-office box?—A. For six years, ever since I 
first came here. 

(}. At Ketchikan have yon a post-office box?—^A. No, sir. 

Q. Anywhere except at Jnnean?—A. No, sir. My mail comes here an<^ 
it is forwarded to whatever point I happen to be at. 

Q. Do yon belong to any fraternal organizations?—I. I do. 

Q. Where are the lodges to which yon belong?—A. All in Jnnean. 

Q. All in Jnnean—do yon belong to any lodge in Alaska outside of Jnnean?— 
A. I do not. 

Mr. Winn (interrupting). I object to that as incompetent and immaterial in 
this case, to establish a residence. A man might belong to a lodge in New York 
and live in Jnnean. 

(}. When yon registered from .Tnnean at the time yon voted at Charcoal Point 
it was because at that time yon counted Jnnean your place of residence?—A. 
Yes, sir; I considered this my headquarters. 

Mr. Rustgari). That is all. 


Recross examination by Mr. Hellenthal; 

Q. By headquarters yon mean that your company maintained its office at 
Jnnean?—A. Yes, sir. 

Q. It was the headquarters of yonr company?—A. Yes, sir. 

Q, To that extent it was yonr headquarters?—^A. Yes, sir. 

Q. Blit not in any other sense?—A. Not from the standpoint of residence. 

Q. And the post-office box—was that not maintained by yonr company and 
paid for by yonr company?—A. Oh, yes; it was. 

Q. Yon had no private post-office box?—A. Well, it is in my name, bnt it’s 
paid for by the company. 

Q. All yonr mail is sent here to the company office and sent to yon from 
here?—A. Yes, sir. 

Q. That arrangement is such, is it not, because yonr company has its office 
here?—A. Yes, sir. 

Q. It is the only office the company maintains in the Territory?—A. Yes, sir. 

(}. Yon have no personal office here?—A. I have not. 

By Mr. Rustgard : 

Q. Who is in charge of the office?—A. I am. 

Q. Is there anybody else connected with the office?—A. It is locked when I 
am gone, except that I share with Armour’s representative when he is here. 

Q. What is that company?—A. Armour & Co. 

Q. Yon were in charge of that office?—A. Yes, sir. Not for the two con¬ 
cerns. The office is shared by tbe two. When both are gone the office is 
locked. 

Q. Yon are the only representative of the company in southeastern Alaska?— 
A. Yes, sir. 

Q. And yonr headquarters are in .Tnnean?—A. Yes, sir. 


By Mr. Hellenthal; 

Q. Again, may I ask, by yonr headquarters yon mean the headqnarters of the 
company?—A. Yes, sir. 

Q. They keep in that office samples and things of that character?—A. Yes, sir. 
And yon use it as the company’s headqnarters?—A. Yes, sir. 


By ]\rr. Winn : 

Q. Do yon represent Armour & Co.?—A. No, sir. 

Q. Armonr’s representative shares the office with yon?—A. That is all. 
Mr. Hellenthal. That is all. 

Mr. Rustgard. That is all. 

A. Van Mavern. 


Subscribed and sworn to before me this 4th day of September, 1919. 

[SEAL.] G. C. Winn, 

Notary Public for Alaska. 


My commission expires July 22, 1921. 


United States of America, 

Territory of Alaska, ss. 

The undersigned, G. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 2Sth day of August, 1919, the foregoing witness. 


168 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


Arthur Van Maverii, liaviiis' been first duly sworn to testify tlie truth, the whole 
truth, and xiothing but the truth, in his direct and cross-exaiuinations, did tes¬ 
tify, as set forth in the foregoing deposition, that said testimony was taken 
down stenographically in his presence and thereafter transcribed in typewritten 
form under his direction, and that after the same was read by said witness 
he swore to the same and signed his name thereto. 

In witness whefeof, 1 have hereunto set my hand and official .seal this 4th 
day of September, 1919. 

[seal.]* G. C. Winn, 

Notary Public for Alaska. 

My commission expires .Inly 22, 1921. 


To the above-Uamed Contestee and his attorneys, J. A. Hellenthal and J. R. Winn. 

Take nolice that before Grovef C. Winn, a notary public, on Monday, the 
25th day of August, 1919, at 2 o’clock p. m. of that day and at the office of the 
surveyor general of the Territory of Alaska, the contestant, .7Junes Wickersham, 
will take the deposition of IViartin George, a resident of .Tuneau, Alaska, as 
witness for the said contestant. 

Dated this 22d day of August, 1919. 

.Tames Wickersham, Contestant. 

By .John Rustgard, 

Attorney for Contestant. 


Copy of the foregoing notice received tliis 22d day of August, 1919, at .Juneau, 
Alaska. 


.Tno. K. Winn. 


DEPOSITION OF MARTIN GEORGE. 

MARTIN GEORGE, called as a witness on behalf of the contestant, being by 
the notary jniblic first duly sworn to tell the truth, the whole truth, and nothing 
but the truth, testified as follows: 

Direct examination by Mr. Rustgard : 

Q. State your full name.—A. Martin George. 

Q. What is your occupation at tlie present time?—A. Chief clerk surveyor 
general and secretary’s office. 

Q. How long have you occupied that position?—A. Since 1914. 

(y Is there a surveyor general at the present time?—A. There is not. 

Q. Charles E. Davidson, wlio was the surveyor general of the Territory of 
Alaska and ex officio secretary of the Territory, passed away on or about the 
Sth (lay of this month?—A. Eighth of August. 

(}. And there has no appointment been made to till his oflice since?—A. 
No, sir. 

Q. As chief clerk of the surveyor general’s office, are you in charge of his 
office, both as surveyor general Jind as secretary of the Territory?—A. Well, I 
am as surveyor general and as secretary, as far as the Federal part of it is con¬ 
cerned, and the g(»vernor recognizes me as sucli for the Territory. 

Q. But you have taken charge of the office?—A. Yes. 

Q. You are exercising the functions of the clerk in charge?—A. Clerk in 
charge. 

Q. You are recognized as such by the other government officials?—A. Yes. 

Q. Now, I will ask you, Mr. George, whether or not there are in the office of 
the secretary of the Territory of Alaska any minutes of the proceedings of 
the canvassing board for the Territory, canvassing the returns of the election of 
November 5, 1918?—A. There is a certified copy of the minutes. 

Q. Will you please produce that certified copy? (The witness does .so.) 

Q. This is a certified copy, certified to by G. W. Folta as stenographer, under 
date of April 28, 1919, containing, besides the certificate and the indexes, 204 
pages; is that correct[—A. I don’t remember the number of pages. 

Q. I ask you to look at it, so the record may show.—A. Yes, sir. 

Q. The paging does not include the index or the certificate or the title page?— 
A. No. 

Cy This is a part of the records of the secretary of the Territorv of Alaska?— 
A. Yes. 

Q. I would like to ask you, Mr. George, to make this as an exhibit. Call it 
“ Exhibit A ” and attach it to your deposition and let it be forwarded to 
Washington. 


WICKERSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 


159 


Judge Winn. The wht)le record? 

Mr. UusTGAKD. Yes. 

Judge Winn. Are you offering it in evidence now? Is that your way of 
offering it in evidence? 

Mr. Kustgard. It will then be part of his deposition, and as such will be 
part of the evidence. 

Judge Winn. I object to it as not the best evidence; it is incompetent aiivl 
immaterial foi* any j)urpose, and it is uselessly encumbering the record and 
testimony taken in this contest case. 

Mr. Kustgard. I will say that during the last contest two years ago tht. 
same proceedings were had ai\d the same records were sent up in the same 
manner, and 1 think l)y way of deposition. At that time all the records of 
the governor’s office, containing the returns of the election from the various 
precincts, were sent up as an exhibit. This time they were ordered sent by 
resolution of Congress, as I understand it; but that does nc.. include these 
minutes. 

.Tudge Winn. Well, I have my ol)jection in, 

Mr. Kustgard, That is all. 

Judge Winn. There is no cross-examination for the reason that rhe com¬ 
petency or materiality of the testimony offered is not shown, and no particular 
portion of the record which is offered in evidence is pointed out as larnishing 
evidence upon which the contestant relies; therefore it is impossible to cross- 
examine under the circumstances. 

iMr. Kustgard. Before we close let me ask for this stipulation: Will you 
stipulate the record may show that this proceeding is a continuance of the 
hearing of which I gave formal written notice, to take place last ^Monday, 
the 25th? 

Judge Winn. Yes; T will stipulate to that? Mr. Kustgard. But I further 
object to the attaching of this copy of the proceedings that has been testified 
concerning to the witness’s dei)Osition, for the reason that it is claim that this 
is a ])art of the original records of the secretary of the Territory, and there 
is no law by which the secretary‘of a Territory can be forced to part with 
the original records of his office. If anything is admissible at all along this 
line, or if any record is admissible, it would be a properly certified copy from 
the proper office, and this is only a certified copy itself of the original; and, 
therefore, even a certified copy of this would not l)e proper, because it would 
be a certified copy of a certified copy. 

Mr. Kustgard. Let me ask another question, then, 

Q. Mr. George, this does not purport to be a copy of a copy, but a transcript 
of the stenographer’s notes of the proceedings? 

The Witness. Yes. 

Q. And an original transcript of that; isn’t ''diat a fact?—A. Yes, sir, 

Mr. Kustgard. That is all. 

Judge AVinn. AVe still further urge the objection that it is now shown more 
clearly that this should not leave this office, because it is a part of the 
original records of the office of the secretaiy of the Territory, and should be 
here subject to public examination by anyone who desired to gain information 
therefrom. I request at this time that the secretary of the Territory do not 
send this copy from his office. 

(AATtness excused.) 

At the request of Mr. John Kustgard I here desire to state that on the ques¬ 
tion of permitting the record book marked “ Exhibit A,” being the proceeding 
of the canvassing board for the Territory sitting on the election returns of 
November 5, 1938, to leave the office of the surveyor general at Juneau, Alaska, 
I have submitted this matter to the attorney general for the Territory, and 
on his advice I must decline to permit it to leave the office, on the grounds that 
it is one of the official records. 

Martin George, 

Chief Clerk in Charge, 

United States of America, 

Territory of Alaska, ss: 

The undersigned, G. C. AVinn, a notary public for the Territory of Alaska, 
does hereby certify that on the 28th day of August, 1919, the foregoing witness, 
Martin George, having been first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, in his direct and cross examinations, did 
testify as set forth in the foregoing deposition; that said testimony was taken 
down stenographically in his presence and thereafter transcribed in typewritten 


160 WICKERSHAM VS. SULZER, DECEASED, ANT) GRIGSBY. 


form under his direction, and that after the same was read by said witness 
he swore to the same and signed his name thereto. 

In witness whereof, I have hereunto set my hand and oflicial seal this 4th 
day of September, 1919. 

[seal.] . G. C. Winn, 

Aotary ruhlic for Alaska. 

My commission expires July 22, 1921. 

To the ahovc-nained contestee and his attorneys, J. A. Hellenthal and John 22. 
Winn: 

Take notice that before Grover C. Winn, a notary public, at his office in 
Juneau, Alaska, on Thursday, the 28th day of August, 1919, at 4 o’clock p. m. 
of that day, contestant James Wickersham will take the depositions of E. H. 
Sherman, E. Valentine, Glen Bartlett, Ed. Russell, and O. P. Hubbard, all 
residents of Juneau, Alaska, as witnesses for contestant in the above entitled 
proceeding. 

Dated August 25, 1919. 

James Wickeksham, Contestant. 

By John Rustgard, 

Attorney for Contestant. 


Copy of the above notice received at Juneau, Alaska, this 25th day of August,. 
1919. 


.1. A. Hellenthal. 


Before G. 0. Winn, Esq., notary public, at his office in the Valentine Build¬ 
ing, Juneau, Alaska: 

Present: G. C. Winn, Esq., John Rustgard on behalf of contestant, and J. A. 
Hellenthal and John R. Winn on behalf of contestee. 

Notice having been duly given and process served on O. P. Hubbard, for the 
taking of his deposition on behalf of contestant, before the above-named officer, 
on Thursday, August 28, at 4 o’clock p. m., the following proceedings were 
had, to wit: 

deposition of O. P. HUBBARD. 


O. P. HUBBARD, being first duly sworn, testified as follows: 

Direct examination by Mr. Rustgard. 

Q. State your full name, ]\Ir. Hubbard.—A. O. P. Hubbard. 

Q. Where do you reside, Mr. Hubbard?—A. Well, I suppose I call it Juneau 
at the present time. 

Q. Before you came to Juneau, where did you reside?—A. Valdez. 

Q. How long did you live at Valdez?—A. Well, I went there in June, 1902, 
and it has leen my home up until last INIarch, when I came over here. 

Q. You were in Valdez on the 5th of last November?—A. Yes. 

Q. You were well acquainted with the people of Valdez during last fall 
and during last election campaign?- A. Fairly well acquainted. I think 1 
knew people generally there. 

Q. You were engaged in business in Valdez during many years?—A. Y'es, sir. 

Q. Did you know F. J. Hayes?—A. Very well. 

Q. Who was he?—A. He was a stenographer; works for Mr. Donahoe 
principally. 

(}. Did you see mucn of him during the last election—the 5th of November?— 
Prior to election day? 

(}. On election day?—A. Yes. sir; quite a good deal. 

Q. What was he busying himself with during that time?—A. Bringing the 
folks to the polls and seeing that they got the vote out. 

(). Did you know at that time Richard H. L. Noaks?—A. Yes, sir. 

Q. What was his occupation?—A. Signal Corps man. 

Q. Do you know M. H. Faust?—A. Yes. si»’ 

(). AVhat was his occupation?—A. Signal Corps man. 

Q. Both of them in the service of the United States as such?—A. Yes. 

Q. They were enlisted in the United States Army as Signal Corps men?—A. 
They were regular Signal Corps men. I don’t know anything about where 
they enlisted, etc.; only they were in uniform, and we all knew them as Signal 
Corps men. We saw them in the office, taking and sending messages, etc 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 161 


Q. Did Noaks and Faust exhibit any activity diirinj; the election day in con¬ 
nection with election?—A. I saw them bringing others to the polls, coming 
with them, and- 

Q. Yon mean the other Signal Corps men?—A. I would say generally they 
were Signal Corps men. 

Q. What candidate were those parties supporting for Delegate to Congress? 

]\Ir. Hkllenthal (interrupting). I object to that as being both leading and 
immaterial. 

A. Charles A. Snlzer. 

Q. I will ask yon the same question with reference to F. .1. Hayes, stenog¬ 
rapher for Donahoe. His activity consisted in helping along with the election? 

INIr. Hellenthal (interrupting). I object to that. 

A. Certainly ; he was working for Mr. Snlzer. He was one of the campaign 
managers there. 

Q. Now, what would yon say as to whether or not these Signal Corps men you 
have mentioned openly supported Charles A. Snlzer as Delegate to Congress? 

Mr. Hellenthal (interrupting). I object to that as immaterial and incom¬ 
petent. 

A. I say they did. 

Q. 'State whether or not the Signal Corps men at Valdez generally were 
advocates of Snlzer’s election. 

INIr. Hellenthal (interrupting). I object to that as leading and incompetent. 

A. With the exception of one man, the Signal Corps men were all working 
for jMr. Snlzer; talking for him and working for him. 

(}. Did yon know Deputy INIarshal C. W. INIossman?—A. Yes, sir. 

Q. Did yon know IMrs. C. W. ^Mossman?—A. Yes, sir. 

i]. Who were they?—A. Mr. Mossman was deputy marshal and Mrs. Mossman 
was his wife. He was working there with Rrenneman- 

Q. Located where?—A. Anchorage. 

Q. At what place was their residence at the time of the last election, in 
November?—A. Anchoi-age. They had left Valdez anywhere from six months 
to a year prior to election. 

(}. They were living at Anchorage?—A. Yes, sir. 

Q. And they were at Valdez on the 5th of last November?—A. They were. 

Q. And voted there?—A. Yes, sir. They voted. I was there when they 
came in and voted. 

Q. Did l)oth or either of them display any partisanship in favor of Snlzer 
on election day? 

Mr. Hellenthal (interrupting). I object to that as immaterial. 

A. That I do not know. I only saw them in the voting booth. 

Cross-examination by Mr. Hellenthal; 

Q. This deputy marshal lived at Valdez before he went to Anchorage?—A. 
Yes, sir. Before he was assigned to Anchorage. 

Q. He was deputy marshal at Valdez?—A. Yes, sir. 

Q. And then went to Anchorage on official business as deputy marshal?—A. 
He was made the chief deputy marshal at Anchorage in place of Mr. —, what 
was his name, the one that went outside? Anyway, he took his place. 

(}. His wife was at Valdez part of the time and at Anchorage part of the 
time?—A. No; I think she had gone to Anchorage, and they were married 
over there. 

Q. He had lived at Valdez how long prior to that time?—A. Oh, he was 
there in Valdez for, I should say. 10 years, maybe longer. 

Q. Ten years?—A. Maybe longer. 

Q. Made that his home for a matter of 10 years?—A. If he was away at any 
time for any length of time I do not remember, but I was away part of the 
time myself. 

Q. To the best of your recollection, he was there—made Valdez his home— 
for 10 years?—A. Yes, sir. 

Q. He acted as dei)uty marshal at Valdez?—A. Fnder ^Ir. Brenneman. I 
think ])robably that was his. first experience as deputy marshal. 

(j. Tlien he went to Anchorage on official business as marshal?—A. I sup¬ 
pose you would call it official business. He was assigned to. Anchorage as 
chief deputy. 

Q. How long had he been at Valdez prior to election?—A. I could not state 
exactly. 


151279—20-11 





162 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You do not know that?—A. I could not state exactly. 

Q. You do not know how Ions he remained after election?—A. I do not think 
he remained any after election. The term of court had closed and I think 
they went home. 


P>y Mr. Uustgard: 

Q. He was there to attend the term of court?—A. He brought prisoners over. 
Ml*. ItusTGAiiu, That is all. 

O. P. Hubhard. 


Subscribed and sworn to before me this 3d day of September, 1919. 

G. C. Winn, 

Notary Puhlio for AUuska. 


]\Iy commission expires July 22, 1921. 


United States of America, Territory of Alaska — ss: 

The undersigned, G. C. M'inn, a notary public for the Territory of Alaska, 
iloes hereby certify that on the 28th_ day of August, 1919, the foregoing wit- 
noss, O. P. Hubbard, having been first duly sworn to testify the truth, the 
\*’hole truth, and nothing l)ut the truth, in Ids direct and cross-examinations, 
did testify as set forth in the foregoing deposition, that said testimony was 
taken down stenographically in his presence and thereafter transcribed in 
typewritten forni under his direction and that after the same was read by_said 
v/itness he swore to the same and signed his name thereto. 

In witness whereof, I have hereunto set my hand and official seal this 3d of 
September, 1919. 

[sEAL.l G. C. Winn, 

Notary Puhlic for Alaska. 

IMy commission expires July 22, 1921. 

Before G. O. Winn, Escp, notary public, at his office in the A'alentine Building, 
Juneau, Alaska. 

I’resent: G. C. Winn, Esq., John Kustgard on behalf of contestant, and .1. A. 
Hellenthal and .John R. Winn, on behalf of contestee. 

Notice having been duly given and process served on Ed C. Russell, for the 
taking of his deposition on behalf of contestant, before the above-named officer, 
on Thursday, August 28, at 4 o’clock p. m., the following proceedings were had, 
to wit: 

deposition of ED. C. RUSSELL. 

ED. C. RUSSELL, being first duly sworn, testified as follows: 

Direct examination by ]Mr. Rustgard : 

Q. State your full name.—A. Ed. C. Russell. 

Q. Where do you live?—A. .Tuneau. 

(}. How long have you lived here?—A. Twenty years. 

(J. Do you know Mr. E. G. IMorris.sey?—A. Yes, sir. 

Q. Did you know him during the last fall and summer?—A. Yes, sir. 

What time was he in Juneau last fall?—A. He was here about—he was 
here up to about three weeks liefore election—was here probably three weeks. 
That was late in September and probably a little while in the early part of 
October. 

Q. And then he went away?—A. Yes, sir. He went away. 

<}. When did he come back?—A. He came back about a week before election. 

Q. What was his occupation here?—A. He was private secretary for Sulzer. 

Q. By “ Sulzer ” you mean Charles A. Sulzer?—A. Charles A. Sulzer. 

(}. M'hat kind of work was he engaged in during the time he was in and 
about Juneau last fall?—A. Political work. 

Q. You mean campaigning for Sulzer?—A. Well, political work; I guess it 
was campaigning. 

Q. Do you know where he stopped while he was in Juneau?—A. Yes, sir. At 
the Gastineau. 

Q. Gastineau Hotel?—A. Yes, sir. 

(J. Was he engaged in any other work or occupation except campaigning?— 
A. Not that I know of. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 163 


Q. If he had been you would likely have known it?—A. Probably. 

Q. You were well acquainted in Juneau during the summer and fall?—A. 
Yes, sir. 

Q. If he had been here prior to the early part of September would you have 
known it?—A. Yes, sir. 

Q. You knew as soon as he came to the hotel?—A. He came here just—as I 
recolle<d, he came here just a few days in advance of Mr. Sulzer. Came to 
make arrangements for ]Mr. Sulzer. 

Anyway, it was at about the time he came here for his campaign?—A. Yes, 
si r. 

(). Prior to that time, IMr. INIorrisey had not been here?—A. No. 

(}. He is the same Morrisey that voted at No. 2 precinct?—A. He voted at 
No. 2 precinct. 

Q. In Juneau?—A. Yes, sir. 

Cross-examination by Mr. Hellenthal : 

Q. Mr. INIorrissey had been a resident of Alaska for many years, had he not?— 
A. I don’t know. I know he was in The Signal Corps at Fairbanks and after- 
vcards worked on the Fairbanks paper. But when he came out he either came 
through -luneau at night or went on the outside route. 

Q. You know he had l^een a resident of Alaska for years?—A. I would not 
say for years. I know he had resided in the interior. 

Q. For considerable length of time?—A. I do not know. I think probably he 
was in there- 

(j. What paper was he on?—A. After he left the Signal Corps he worked for 
Thompson on the News-lMiner. 

Q. Do you know how long?—A. I imagine he worked for Thompson somewhere 
in the neighborhood of a year. 

Q. That was before he became secretary to Mr, Sulzer?—A. Before he became 
secretary to Mr. Sulzer. 

Mr. Hellenthal, That is all. 

]Mr. Kustgari). That is all. 

Ed. C. Russell. 

Subscribed and sworn to before me this 3d day of September, 1919. 

[SEAL.] G. C. Winn, 

Notary Public for Alaska. 

My commission expires July 22, 1921. 

United States of America, 

Territory of Alaska, ss: 

The undersigned, G. C. Winn, a notary public for the Territory of Alaska, does 
hereby certify that on the 28th day of August, 1919, the foregoing witness, Ed. C. 
Rus.sell, having been tirst duly sworn to testify the truth, the whole truth, and 
nothing but the truth, in his direct and cross examinations, did testify as set 
forth in the foregoing deposition ; that said testimony was taken dowm steno- 
grapliically in his pn'sence and thereafter transcribed in typewritten form under 
his direction ; and that after the same was read by said witness he swore to the 
same and signed his name thereto. 

In witness whereof I have hereunto set my hand and official seal this 3d day 
of September, 1919. 

[seal.] G. C. Winn, 

Notary Public for Alaska. 

IMy commission expires July 22, 1921. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Building, 
Juneau, Alaska. 

Present: G. C. Winn, Esq., John Rustgard on behalf of contestant, and .1. A. 
Hellenthal and .John R. Winn on behalf of contestee. 

Notice having been duly given and process served on Emery Valentine for the 
taking of his deposition on behalf of contestant before the above-named officer on 
Thursday, August 28, at 4 o’clock p. m., the following proceedings were had, 
to wit: 



164 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF EMERY VALENTINE. 

EMERY VALENTINE, being iirst duly sworn, testified as follows: 

Direct examination by Mr, Rustgakd : 

Q. Your name is Emery Valentine?—A. Yes, sir. 

Q. And you are a resident of the city of .Tuneau?—A. Yes, sir. 

Q. How long have you been-a resident of this city?—A. Oh, I don’t know— 
more than 33 years, 

Q. Have you ever held any official po.sition in the city?—A. Yes, sir. 

Q. What positions have you held?—A. Elected as mayor. 

Q. How many times?—A. Eleven times, I think. 

Q. Are you aciiuainted with that portion of the town of Juneau known as Auk 
village?—A. Over here to the north? 

Q. Yes.—A, Yes, sir. 

Q. That is the Indian settlement in the city?—A. Yes. 

Q. It is on the shore of Gastineau Channel?—A. Yes, sir. 

Q. Do you know how long that has been the Indian settlement?—A. The 
Indians were there in—settled there—I mean they were there in May, 1886. 
When I first came here there was a large settlement there. No one else, only 
Indians, lived there. 

Q. That is an exclusively Indian settlement?—A. It was at the time. 

Q. And has continued to exist as such?—A. A certain portion there is occupied 
by Indians. It is being settled up by white people beyond and back of it, but in 
1886 there was nothing on that side of the ridge. Not until the last four or five 
years was there anything there excepting Indians. 

Q. But referring to that portion known as Auk village, or Indian village, is 
there anybody living there except Indians?—A. No; not in the Indian village. 

Q. What you mean to say is that as the city grew white people settled around 
the Indian settlement?—A. Yes. Some on this side, on Courthouse Hill, some 
in the rear, and some over beyond. 

Q. Now, INIr. Valentine, has that part of the town of Juneau occupied by these 
Indians and known as Auk village ever been taxed?—A. No; not by the city. 

Q. After Juneau became a municipal corporation it has been tbe custom of tbe 
city council every year to levy a personal and real estate tax?—A. On the white 
inhabitants. 

Q. Has such tax ever been levied upon those Indians or any of the property 
which they occupy?—A. No; never took any tax from the Indians. 

Q. What has been the reason for that policy of the city government- 

]\Ir. Hellenthal (interrupting). We object to that. Mr. Valentine and the 
city have their own reasons for doing thing.s. 

A. No; we was told we had no jurisdiction. It was an Indian reservation. 
I have been told that by the agents of the Indian schools. 

Q. Agents of the Bureau of Education?—A. Yes, sir. The fellows who have 
charge of the Indians here. I have been visited by those fellows a numlx r of 
times and told not to bother with anything out there'; that they would not tolerate 
interference. 

Q. They have their own .schoolhouses?—A. l^es, sir. 

Q. That the Government school maintained by the Bureau of Education of the 
United States?—A. Yes, sir, 

Q. And that school is only for natives?—A. Only for natives; yes, sir. 

Q. The city of Juneau maintains public school and high school for the rest of 
the inhabitants?—A, Yes, sir; for the white people. 

Q. The Federal Government has nothing to do with that school?—A. Not a 
thing. 

Q. Do you recall, ]\Ir. Valentine, in the year 1914, whether or not any offer was 
made by the Bureau of Education to the governor of Alaska to have tlie tide flats 
in front of Auk Village reserved for the natives?—A. Well, I know it was 
res'^')-v<'’- 

Mr. Hellenthal. I object to that. 

A. (Continuing.) I know it was reseiwed and is reserved now. Nobody has 
over built in front of them. It is kept open for boats. I was at one time going 
to tr^' to rec’aim the tide flats and have it surveyed and was forbidden bv one of 
the Government agents to put any obstruction or anything else there in front of 
the Indian village. 

Q. The Government agent was looking after the interest of the natives?—A. 
Yes, sir. Said the natives had the right to land their boats there, au'^ not to 



165 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

interfere with them in any shape or manner. We never did interfere with lliem. 
We understood we was to keep our hands strictly oft the Indian village, so we 
always did. 

Mr. Kustgard. That will be all, then. 

Cross-examination by Mr. Hut^lenthal: 

Q. Mr. Valentine, the Indians in A’aska, all through the country, live on the 
beach, don’t they?—A. Ordinarily, I think they do. 

Q. Yes; they do that because they usually tish and have their boats-A. I 

never knew of them living any place except on the beach. 

(}. The reason for that is that they iisually have small boats in which they 
usually go lishing in the summer, etc.?—A. Most of them have small boats, lish 
boats, canoes, etc.; yes. 

Q. And that is true with these as we’l as with any Indians?—A. Well, there’s 
many of them that lived out there that used to work in the Basin mines. 

Q. A great man.\ of the Indians that live in Auk Village worked in the mines 
in the Basin?—A. Yes, sir. 

Q. And some of them fished?—A. Yes; I think so. 

Q. W’hen you came here Auk Village was rather a crude affair, was it not?— 
A. No; I think there was more houses there probably than there is now. Quite 
a settlement- 

Q. Did they have a clubhouse there just as they have now?—A. No ; not at that 
time. They used to meet at one of the Indian’s houses. 

Q. They have a gymnasium?—A. They have some sort of house where they 
meet. I think they sometimes meet at the house of one of the Indians ; his name 
is-. 

Q. Have their dances?—A. That I could .not say. I have not been there. 
They have some sort of clubhouse. It was pointed out to me. 

Q. Quite a good-looking building?—A. I judge that it is a building 40 feet 
long by 24 feet wide. 

Q. And some of the houses are better than others?—A. Oh, yes. 

Q. Some pretty good and some not so good; that right?—A. Some pretty good 
and some not so good. 

Q. They have a sort of hotel there, too?—A. I do not know. 

Q. Now, when you came here the Indian school—you kn(*w where that is situ¬ 
ated, don’t you?—A. They held school in 1886 in a little cottage across in front 
of the old Catholic Hospital. Mrs. Hyde was teaching school there when I first 
came here. 

Q. In the village?—A. Right across from the Catholic Hospital. One of the 
little cottages. 

Q. Afterwards they built a schoolhouse in the village?—A. Y^es. That is, it 
would be in the village—out on the reservation where the governor’s mansion is 
now. 

Q. The governor now lives in what was the Indian village when you came 
here?—A. Yes. Although when we surveyed that was one of the reservations 
for Government purposes, the same as the block where the school was and the 
courthouse. 

Q. Where the Indians live now is below the tide flats, isn’t it—I mean, below 
the line of high tide?—A. No; they live above high tide. Of course, some of 
them live back on the hill, back behind this row. 

Q. That is occupied by white residences?—A. Away up above the Indian 
houses the white men have houses. 

Q. The house of Mr. Martin, who was for a long time superintendent of the 
Alaska Electric Light Co., was there?—A. Away up, on top of the ridge. 

Q. On one of the streets the Indians lived on, a’ong there?—A. Yes. I remem¬ 
ber he had a long lawsuit over that lot. I think he finally bought the Indian out. 

Q. Since then the street has been built up?—A. They built what is known as 
Distill Avenue, I believe. 

Mr. Hei.lenthau. I guess that’s all. 

INIr. Kustgaki). That is all. 

Emery Valentine. 

Subscribed and sworn to before me this 3d day of September, 1919. 

[seal.] G. C. Winn, 

Notary Public for Alaska. 


]\Iy commission expires .Tuly 22, 1921. 






166 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


United States of America, 

Tcrritor}/ of Alaska, ss: 

The iiii(lersif?iie!l, G. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 28th day of Au^>:nst, I9J9, the foref^oinj? witness, 
Emery Vaientine, having been first duly sworn to testify the truth, the whole 
truth, and nothing; but the truth, in his direct and cross examinations, did testify 
as set forth in the forej?oing deposition, that said testimony was taken down 
stenojjraphically in his presence and thereafter transcribed in typewritten form 
under his direction, and that after the same was read by said witness he swore 
to the same and sijtned his name thereto. 

In witness whereof I have hereunto set my hand and official seal this 3d of 
September, 1919. 

[seal.] G. C.’Winn, 

Notary Public for Alaska. 

My commission expires .Inly 22, 1921. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Building, 
Juneau, Alaska. 

Present: G. C. Winn, Esq., John Rustgard on behalf of contestant, and J. A. 
Hellenthal and .lohn R. Winn on behalf of contestee. 

Notice having been duly given and process served on E. H. Sherman for the 
taking of his deposition on behalf of contestant before the above-named officer 
on Thursday, August 28, at 4 o’clock p. m., the following proceedings were had, 
to wit: 

' deposition of E. H. SHERMAN. 

E. H. SHERMAN, being first duly sworn, testified as follows; 

Direct examination by Mr. Rustgard : 

Q. State your full name, Mr. Sherman.—A. E. H. Sherman. 

Q. Where do you live, iNIr. Sherman?—A. Juneau. 

Q. Plow long have you lived here?—A. Off and on for 22 or 23 years; since 
1895. 

Q. Are you acquainted with G. R. McNeil?—A. Yes, sir. 

Q. Did you know IMr. IMcNeil last summer?—A. I did. 

Q. Plow long have you known him?—A. I have known him for 10 years, I 
guess. 

Q. What business was he engaged in last summer in .Tuneaii?—A. Well, he 
wns running the place over there they call the Kentucky Bar, I guess. 

Q. The Kentucky Bar is a soft-drink parlor?—A. Yes, sir. 

Q. He was running that up to'what time?—A. He was running it up to—I 
missed him—1 used to step in there once in a while and buy a cigar or some¬ 
thing ; I used to know him in the westward. I stepped in there one day and I 
didn’t see him and I asked them—I says, “ Where is Bob? ” They said- 

IMr. Winn (interrupting). I object to that as hearsay. 

Q. PTi to what time did you see him there in the Kentucky?—A. Well, it was 
somewhere along the forepart of Gctober I missed him. 

Q. Can you state more definitely what part of Gctober that was?—A. Well, I 
don’t know as I could. It was early in October I discovered he was gone. I 
could not be positive as to the day. 

Q. Do you know what time he sold out his business?—A. I have since learned ; 
yes, sir. 

Q. \Miat time was that"?—A. The 6th of October. 

Q. Up to that time he stayed here, attending to that business?—A. Yes, sir. 

Q. The 6th of October, 1918?—A. Yes, sir. 

Q. Where did he go to from here, so far as you know?—A. AVarm Springs 
Bay, Alaska. 

Q. How far is that from here, approximately?—A. .Sixty miles, I guess. I 
don’t know. About 60 miles, I judge. How far is that, ATilentine? 

IMr. Valentine. Eighty-six miles. 

Q. During the last summer and up to the time he left here he was a resident 
of Juneau?—A. Yes, sir. I used to see him every day practically. I done some 
work for him around the place. 

Q. He had been a resident of Juneau for several years prior to that time?— 
A. Yes, sir. He had been here, I guess, two or three years anyway. Come down 
from the westward. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 167 


Mr. Winn (interrupting). Wlien did yon find out, Sliernnin, tluit he sold out? 

A. I missed him—I was going to tell you a while ago and you interrupted me— 
I didn’t see him. I was in the U. & 1. Restaurant. 1 used to step in there and 
get a cup of coffee. I missed him and said, “ Where is Boh? ” They said, “ Sold 
out and gone.” 

Q. That is all you know?—A. Yes, sir. 

Cross-examination hy Mr. Winn : 

i). Don’t you know he went over to Warm S])rings Bay and stayed there a 
while and then came hack to Juneau and stayed quite a while?—A. He came hack 
here two or three weeks ago. 

Q. You are sure?—A. I did not see him. I might have been away over night. 
I didn’t see him. 

C^. Don’t you know that he came back and stayed here about a month or so 
and took a tri}) below?—A. He didn’t stay here a month. 

Q. Well, then, say a week.—A. I don’t think he stayed a week. I would swear 
he didn’t stay a month. 

Didn’t you know he took a trip below and is hack here now? Do you know 
that to he true?—A. I do not. 

Q. You don’t know it to be untrue, do you?—A. No. 

(J. Have you been over there in tlie last few days?—A. I have been in there 
several times and never seen him. 

Q. Been in tliere in the last two or three days?—A. Last night I was in there. 
The only time I seen Bob was on the street and in the liotel. 

Q. Do you know if he owns a half interest in that place?—A. I do not. 

Q. Do you know where he went from here?—A. Well, he told me he went to 
(.’alifornia, Idaho, Montana, and all round- 

(L He is back here now?—A. Yes, sir. 

Q. You don’t know he owns a half interest in that place, do you?—A. I have 
no i-eason to know it. 

By Mr. Rustgard : 

Q. You do not know whether or not he came back to Juneau at all last fall?— 
A. I never seen him until about a week or 10 days ago. 

Mr. Rustgaki). That is all. 

E. H. Sherman. 

Suliscribed and sworn to before me this 4th day of September, 1919. 

IsKAE.] G, C. Winn, 

Notary Puhtic for Ataska. 

My commission expires July 22, 1921. 

United States of America, 

Territory of Alaska, ss:- 

The undersigned, G. C. Winn, a natary public for the Territory of Alaska, 
does hereby certify that on the 28th day of August, 1919, the foregoing witness, 
E. H. Sherman, having been first duly sworn to testify the truth, the whole truth, 
and nothing but the truth, in his direct and cro.ss examinations did testify as 
set forth in the foregoing deposition, that said testimony was taken down steno- 
graphically in his presence and thereafter transcribed in tyiiewritten form under 
Ids direction, and that after the same was read by said witness he swore to the 
same and signed his name thereto. 

In witness whereof I have hereunto set my hand and ofticial seal this 4th day 
of September, 1919. 

[SEAL.] ' G. C. Winn, 

Notary Public for Alaska. 

My commission expires July 22, 1921. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Building, 
Juneau, Alaska. 

I*resent: G. C. Winn, Esq., John Rustgard on behalf of contestant, and J. A. 
Hellentiial and John R. Winn on behalf of contestee. 

Notice having been duly given and process served on Glenn C. Bartlett for 
the taking of his deposition on behalf of contestant before the above-named 
officer, on Thursday, August 28, 1919, at 4 o’clock p. m., the following proceedings 
were had, to wit: 



168 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF GLENN C. BARTLETT. 


GLENN C. BARTLETT, being first duly sworn, testified as follows: 

Direct exaininaion by Mr. Rustgakd: 

Q. State your full name.—A. Glenn C. Bartlett. 

Q. What is your occupation?—A. Manager of the Gastineau Hotel. 

Q. Here in Juneau?—A, Yes, sir. 

Q. How long have you occupied that position?—A. About three and one-half 
or four years. 

Q. Were you such manager during the last summer and fall?—A. Yes, sir. 

Q. Are you acquainted with E. G. Morrissey?—A. Yes, sir. 

Q. When did you first become acquainted with him?—A. When he was Sulzer’s 
secretary—when he first came out with Sulzer. 

Q What time did he first come out?—A. He registered at the hotel Sep¬ 
tember 6, 

Q. How long did he stay there?—A. LTitil November 16. 

(J. That was 1918?—A. Yes, sir. 

Q. He came to the hotel Septembei’ 6, 1918, and left the hotel November 16, 
1918?—A. November 16 he gave up his room. 

Q. During that period of time he stayed at the hotel all the time?—A. No; he 
was in and out. 

(}. How much of the time would he be gone?—A. I did not keep any record 
of that, because he kept his room—his room was kept. 

Q. What did he keep the room for, do you know?—A. He had papers and 
books in there.^ 

Q. What business, if any, was he engaged in?—A. He was acting as Mr. 
Sulzer’s secretary. 

Q. Mr. Sulzer came with him in September when he came?—A. Yes, sir. 

(L They were both engaged in campaign work?—A, Well, I could not say what 
the.v were engaged in. 

(}. You did not know of anything else they were engaged in?—A. No. 

Q. Has Mr, IMorrissey been back to the hotel since?—A. No; he has not, 

Q. Has he ever been in the city, so far as you know?—A. I don’t believe he has. 

Or before September 6?—A. No. 

(^. So far as you know, that was his first appearance in .Juneau?—A. Yes, sir. 

Q. And you know of no business he was engaged in except as secretary to 
Sulzer?—A. No. 

Mr, Rustgakd. That is all. 


• Ch'os.s-examination by iMi’. Hellenthal : 

Q. That was a very laudable occupation, was it not?—A. Yes, 

Q. You consider it such?—A. Yes. 

By Mr. Winn : 

Q. Do you know where Morrissey is now?—A. In Ketchikan, 

Q. Running a newspaper?—A. Yes, sir. 

Q. Y'ou know he has been a resident of Alaska for a good many years, don’t 
you?—A. I had heard of him being out to the westward, or about a man up in 
the westward going to be Sulzer’s sec-retary—that’s all. 

Mr. Winn. That is all. 

Glen C. Bartlett. 


Subsciabed and sworn to before me this 30th day of August, 1919, 


f seat.. ] 

My commission expires July 22, 1921. 


G. C. Winn, 

Notary Public for Aiasla. 


United States of America, 

Tcrritori/ of Alaska, ss: 

The undersigned, G. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 28th day of August, 1919, the foregoing witness, 
Glenn C. Bartlett, having been first duly sworn to testify the truth, the whole 
truth, and nothing but the truth, in his direct and cross examinations, did testify 
as set forth in the foregoing deposition; that said testimony was taken down 
stenographically in his presence and thereafter transcribed in typewritten form 


169 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

undei liis direction ; and that after the same was read by said witness he swore 
to the same and sif^ned his name thei’eto. 

In witness whereof I have hereunto set my hand and official seal this 30th 
<lay of August, 1919. 

fSEAL.] Q Q Winn, 

Notary Public for Alaska. 


My commission expires July 22, 1921, 

To the above-named contestee and his attorneys, J. A. Hellenthal and John R. 

Winn: 

lake notice that before Grover C. Winn, a notary pulilic, at said notary’s 
office in Juneau, Alaska, on Saturday, the 23d day of August, 1919, at 4.30 o’clock 
p. m. of that day, and thence continuing, the contestant, James Wickersham, will 
take the depositions of John Wilson, whose residence is Treadwell, Alaska, 
and Richard McC’ormick, whose residence is at Douglas, Alaska, as witnesses 
for contestant. 

Dated this 21st day of August, 1919. 

.Tames Wickersham, 

Contestant. 

Ry John Rustgard, 

Attorney for Contestant. 

Copy of the foregoing notice received at .Tuneau, Alaska, this 21st day of 
August, 1919. 

J. A. Hellenthal. 

Before G. C. Winn, Esq., notary pui)lic, at his office in the Alilentine Building, 
Juneau, Alaska. 

Present: G, C. Winn, Esq., John Rustgard on behalf of contestant, and .T. A. 
Hellenthal and .Tohn R. Winn on behalf of contestee. 

iMotion was made and granted that the taking of the deposition of .Tohn W. 
Wilson he postponed from now, which was the time set for the taking of his 
deposition, until 4 o’clock Wednesda.v. August 27, 1919. 

Dated at Juneau, Alaska, August 23, 1919, 4.30 o’clock p. m. 

DEPOSITION OF .JOHN W. WILSON. 

JOHN W. AVILSON, a A^itness produced on behalf of the contestant, being 
by the notary public first duly sworn to tell the truth, the whole truth, and 
nothing but the truth, testified as follows: 

Direct examination by Mr. Rustgard : 

<}. State your full name.—A. John AA'alter AVilson is my true name. 

Q. AVbcre do you live, Mr. AAJlson?—A. At Treadwell, sir. 

Q. That is on Douglas Island?—A. Douglas Island. 

Q. How long have you lived there?—A. Nearl.v 10 years. 

(}. AVere you there last fall at election time?—A. I was. 

Q. AVere you during any part of the 5th day of November, 1918, at the town 
of Douglas?—A. I was. 

Q. That place is close to the place known in history as Treadwell?—A. 
Douglas? 

(}. Yes.—A. A>s: Douglas is close to Treadwell. 

(]. They are both on Douglas Island?—A. Yes; both on Douglas Island. 

Q. A couple of miles from Juneau?—A. Yes. 

Q. You remember there were two polling places at Douglas?—A. Y'es, sir. 

Q. Do you know a party by the name of Jimmie Fox—Chief Jimmie Fox, 
sometimes called?—A. Yes, sir. 

Q. AAJio is he?—A. He is one of the Indians on the beach. 

Q. Is he the fellow who was candidate for chief last fall?—A. He was, I 
believe; it was in the papers so. 

Q. Do you know Daniel .Josephs?—A. Yes, sir. 

Q. AA'ho is he?—A. He is another Tndian. 

Q. Lives in Indian town in Douglas?—A. In Indian town; yes, sir. 

Q. Do you know Gilbert .Tackson?—A. Yes, sir. 

Q. Is he also an Indian?—A. Yes, sir. 


170 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. Living? in the Indian town at Douglas?—A. Yes, sir. 

Q. Do yon know William Brady?—A. Yes, sir. 

Q. He is also an Indian?—A. Yes, sir. 

Q. Living in Indian town at Douglas?—A. Yes, sir. 

Q. Do yon know Edward Marshall?—A. Yes. sir. 

Q. He is one of the other Indians?—A. Yes; I am not so very well acquainted 
with him as I am with the others. 

Q. Do yon know John Willis?—A. Yes, sir. 

Q. Is he another Indian living in Indian town at Douglas?—A. Yes, sir. 

(}. Do yon know John Harris?—A. Yes, sir. 

Q. Is he another one of those Indians living in Indian town at Douglas?—A. 
Yes, sir. 

Q. Were these Indians living in Indian town of Douglas on and prior to the 
5th of last Noveml)er?—A. Always lived tliere. 

Q. Since yon came to the Island?—A. Well; they have been living there as 
long as I can recollect—that is, some of them—some of them more recently— 
some of them come recently, the last three or four years. 

Q. Did yon see any of those Indians on election day last November—on the- 
5th of November?—A. Yes; I went into No. 1 polling l)ooth about 2 o’clock 
and I saw two of them. They wished to vote and the election officer told 
them no, they were not entitled to vote. It was Dave Christoe, Elmer Smith’s 
druggist, who seemed to he the spokesman there, and he wonldn’t let them 
vote. That was about 2 o’clock. 

Q. What precinct was that?—A. That was No. I—City Hall. 

Q. Now, did yon see any of them after that?—A. No; I didn’t, only Harris. 

Q. Where did yon see Harris?—A. I saw him—I was in polling booth No. 
2 about 6.1.5 or 6.30, and he came in to vote. He was coming in and I said, 
“What are yon going to do, .Tack?” He said. “I am going to vote.” I said, 
“Yon can not vote,” and he went np and I challenged him for being a tribal 
Indian. 

Q. And he voted?—A. Yes. 

Q. Did he have any paper with him that he presented to the judges at the 
time?—A. Yes, sir; I believe he did, yes. 

Q. Di<l he tell yon who told him he conld vote?—A. Yes, sir, 

Q, Who did he say told him he conld vote?—A. Frank Desmond and George 
Johnson. 

Q. Who is Frank Desmond? 

IMr. Hf:t>lknthal. We object to that as immaterial. 

A. Well; he is a resident of Indian town there. 

Q. And who is George Johnson?—A. He is the deputy United States marshal. 

Q. At Douglas, Alaska?—A. At Douglas, Alaska. 

Q. What time in the evening was this that yon saw John Hai'ris at the 
polls?—A. About G.lo, I think; about half or three-quarters of an hour before 
the polls closed. 

Q. Now, had yon seen any of the deputy marshals or any other court officials 
aronnd Indian town that day? 

IMr. Hellenthal. We object to that as immaterial. 

A. Well ; I saw George Johnson aronnd there through the dav, and Frank 
Bach. 

i}. Who is Frank Bach? What official j^osition, if any, does he hold? 

IMr. Hellenthal. We object to that as immaterial. 

A. Frank Bach. I believe, is the jailer over in the conrthonse here—I be¬ 
lieve that is his official capacity. 

Q. Frank Bach is the jailer in the Federal jail at Jnnean?—A. Federal jail 
at .Tnnean; yes. 

Q. But he lives at Douglas?—A. Lives at Douglas. 

Q. How long has he been jailer?—A. Oh. I presnme—he was deputy marshal 
thei*e for a while—I presnme he has been jailer over a year—more than that. 
He supplanted Harry Morton as jailer—about 18 months, I should judge. 

Q. He has been in the service of the administration for a great many years?— 
A. Oh, yes. 

Q. Either as deputy marshal or jailer?—A. Yes. 

Q, At that time George Johnson, the dei)nty marshal at Douglas, and Frank 
Bach, the jailer at Jnnean, were busy aronnd Indian town? 

Mr. Hellenthal. I object to that as leading and as immaterial. 

A. Johnson was more aronnd Indian town, and Bach was between the two 
places, the polls—polling place No. 1 and Indian town. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 171 


Q. Did they have any carriage out that day?—A. No, sir; tried to get one. 

(.}. Which one did they try to get? 

INlr. Hellentiial. We object to that as immaterial. 

A. They had an automobile hired and desired to run it up through there, 
hut the mayor held them up for a Territorial license and a city license before 
they could run it, so they abandoned that. 

(]. They were going to run those automobiles during election day? 

]\Ir. Heleenthal. I object to it as incompetent, no foundation laid for it, 
and immaterial. 

A. I believe that was the intent. 

Q. Did you see John J. Reagan, the assistant United States Attorney, over 
there tlaU day?—A. No; I didn’t see him. 1 didn't see Reagan there, but I 
was told he was there, by the election officers. 

Q. Now, do you know whether or not these Indians theretofore had been 
regarded as voters? 

Mr. Ueleenthae. We object to that as immaterial. 

A. They never voted on the Island before. 

Q. Did they ever vote after that? 

iMr. Hei.lenthal. We object to that as immaterial. 

A. No, sir. 

Q. Why didn’t they vote? 

Mr. Heiu^enthal. I object to it further because it has not been shown that 
there was but one Indian voted, and this is objected to as immaterial. 

A. Well; I presume they knew they were not legal voters. 

Q. These were Indians living by themselves in some shacks in Indian town 
at Douglas?—A. Known as shacks in Indian town; yes; on the beach. 

Q. And no white men among them except a sepiaw man now and then?—A. 
I believe there are one or two sepiaw men down there. 

Q. When did you lirst tind out that any of these Indians had voted?—A. One 
of the election lioard told me. 

Mr. Heelenthal. I object to that as hearsay and immaterial. 

The Witness (continuing). I was at the Treadwell precinct, and he told me 
they were voting Indians. These six Indians voted. I asked him who they 
were and he told me, and I said, “ Why did you let them vote?” 

Mr. IIeeeenthal. I object to that as immaterial. 

The Witness (continuing). He said, “The prosecuting attorney came with a 
paper and told us they were legal voters, and we could do nothing but take 
the law for it;” and I hurried down and just as I got down Harris came in, 
and I challenged him, and the board wanted to know why he shouldn’t vote, 
and I said, “That is your business; you are the election board,” I said, “I 
challenge him for being a tribal Indian,” and he did vote, and I went out and 
there were two or three moi‘e of them at the door, and I told them if they 
voted I would have them all put in jail. 

(}. Did you have any talk with Harris about who he voted for? 

IMr. Heeeenthae, We object to that as immaterial and not binding on Mr. 
Grigsby. 

A. Yes, sir; I asked him who made out his ticket and he told me Frank 
Desmond, and I said it was all a Democratic ticket, and he said, “Yes;” he 
said, “ You are a Democrat, Jack.” I said, “ Never mind that part of it.” He 
liad a sample ballot already made out. 

Mr. Rustgakd. I’liat is all. 

Cross-examination by Mr. Heeeenthae: 

Q. Who is that Harris; is that Johnny Harris?—A. He used to be packer 
around here for many years. I guess Dick knows him l)etter than I do. 

Q. That isn’t one of Dick Harris’ boys?—A. Oh, no; Dick Harris’ boys are 
half-breeds. 

Q. All the Indians in Douglas live in Indian town, don’t they?—A. Yes; 
don‘t know any that don’t live in Indian town. 

(^. They all live in that settlement there; it is an Indian settlement?—A. In¬ 
dian settlement. 

O. They were living in that before the town of Douglas was settled, were they 
not?—^A. You can answer that (piestion better than I can. They have been 
living there since ever I came there. 

Q. The whites live in one part of the town and the Indians in another; that 
is the way of it, isn’t it?—A. Yes, 

Q. The Indians are all subject to the laws of the United States and submit 
themselves to the Government of the United States, do they not? 


172 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr, IlusTGARD, I object to that as a legal question which the court can answer, 
and possibly some lawyers. 

A. Well, I am not well enough versed in that to know. All I do know is 
tribal Indians tried to vote. 

Q. Does this fellow Harris work in the mine?—A. Yes, sir. 

Q. How long has he worked'in the mine?—A. Well, when I first knew him 
he was a packer up at the dam; 1910, ’ll, ’12, and ’13 he was the chief packer, 
packing provisions; after that he used to work in the mine, and sometimes in 
the summer time he would go fishing—go backwards and forwards, but that 
was his home there; everybody knew him. 

Q. Speaks pretty good English?—A. No. 

Q. Speaks so you can converse with him, I mean?—A, Yes; not very clear, 
though. 

Q. Is he married?—A. No. 

(}. He lives in a cabin in the part of Douglas occupied by the Indians?—^A. 
Yes. 

Q. And as to the other two Indians you mentioned, who are they; the ones 
you know voted?—A. Oh, there was Johnny Fox. 

Q. I mean of the ones you say vote—there were two others you mentioned?— 
A. No; I only saw Harris vote; those had voted previous—I did not see them 
vote. 

Q. You didn’t see them vote?—A. No; just what the election board told me. 

Q. The other men all work in the main mine?—A. Yes; some of them on 
the train, and they go fishing in the summer, 

Q. The mines they work in are the Treadwell mines, with which you are 
also connected ?—A. Yes, sir. 

Q. They have been working in them for many years?—A. Many years. 

Q. Some as miners, some as muckers, some as machine men?—A. I don’t 
know any of them that are machine men; generally put them mucking, the 
Indians. 

Q. But they do general jobs around the mine?—A. Yes, sir. 

Q. General work, such as other men do?—A. Yes; sometimes they have one 
or two of them on the train crew. 

Q. And they have been doing that ever since you have been in the country?—• 
A. Yes, sir. 

Q. Ever since 1910?—A. 1910, 

Q. And when you came here the Indians were all living in that same locality 
where they are now living?—A. Yes, sir. 

Q. In small houses—Indian houses?—A. Yes, sir. 

Q. Some better than others?—A. Yes, sir, 

Q. And what is true of these Indians is true of every other Indian in Doug¬ 
las, is it not?—A. Yes; they all live together. 

Q. There is no Indian government on Douglas Island?—A. No; they gener¬ 
ally make their own laws there—the chief. 

Q. You don’t know of any laws they ever have executed in Douglas Island 
among the Indians, do you?—A. No; not laws. 

Q. Now, Frank Bach and George Johnson are both residents of Douglas 
Island, are they not?—A, Yes, sir. 

Q. And it is not an uncommon thing for you to see Mr. Johnson, the deputy 
marshal, in Indian town, is it?—A. I have seen him in Indian town before. 

Q. Isn’t he there oftentimes?—A. Not oftentimes; occasionally. 

Q. On election days and other days as well; is not that true?—A. Well, I 
saw him in Indian town, passing down the fiat there before; but on election 
day it was no passing thing—he was there quite a long time—hours. 

Q. You didn’t see him there for hours, did you, Jack?—A. He was down 
there. 

Q. How long did you see him there personally?—A. I saw him personally 
passing on the track, but I was pretty sure he was there. Of course, I didn’t 
see him all the time. 

Q. The time you saw him personally wns probably only a few moments?_ 

A. Yes; only Harris told me that he was down there. 

Mr. Hellenthal. That is all. 

Redirect examination by Mr. Rustgard : 

Q. Those Indians, they observe their Indian customs generally carried out 

by Indians, having potlatches, recognizing chiefs, and so on, do they not?_ 

A. They have. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 173 


Q. Do either one of those Indians yon have mentioned so far speak English to 
any extent?—A. Yes; they speak very fair English—Johnny Fox speaks pretty 
fair English. 

Q. You mean Jimmie Fox?—A. Jimmie Fox; yes; they speak pretty fair 
English, 

Mr, Kustgakd, That is all. 

Kecross-examination hy Mr. Hellenthal: 

Q. When did they have their last potlatch on Douglas Island, .Jack?—A. 
M’ell, I have never been at their potlatches. All I can say of that is hearsay 
and talk about that. The old chief died some time ago; I guess he died 
six months previous to that election, the old chief, and I don’t know as 
there have been any potlatches since that. They used to tell me they had those 
potlatches—it was common talk—I was never at their potlatches. 

Q. As far as you know they have never had a potlatch on Douglas Island 
since you came there?—A. Only by hearsay. 

Q. And this old chief that died, he was an old, ancient chief that had been 
elected years ago, was he not. Jack?—A. Years ago. 

Q. Simi)ly had the name of chief without exercising any authority; isn’t 
that true?—A. Oh, I think he had lots of authority over them; they looked 
up to him as chief. 

(}. You would say he had influence rather than authority, would you not?— 
A. Influence, yes. 

Q. He had influence with the Indians?—A. Yes. 

Q. P>ut he did not exercise any authority the same as deputy marshals or 
other otticials exercise authority, did he?—A. Oh, I don’t know that. 

Mr. Heelenthal. That is all. 

Mr. Kustgakd, That is all. 

(Witness excused.) 


DEPOSITION OF RICHARD M’CORMICK. 

KRTIAUD McCOKMICK, a witness produced on behalf of the contestant, 
being by the notary public first duly sworn to-tell the truth, the whole truth, 
and nothing but the truth, testified as follows: 

Direct examination by ]Mr. Kustgakd : 

Q. State your full name.—A. Kichard McCormick. 

C^. Where do you live, Mr. IMcCormick?—A. Douglas. 

Q. How long have you lived there?—A. I have lived on the island about 32 
years. 

Keferring to the general election held on the 5th of last November, were 
you an election otlicer on that occasion?—A. Y'es, sir. 

In what capacity did you serve?—A. One of the judges. 

At what precinct?—A. No. 2. 

Q. Douglas No. 2 precinct?—A. Yes, sir. 

Q. Wii<) were the other judges or oflicers of election?—A. Jim Garner, Jim¬ 
mie Flaherty, Mrs. Couples, and Leo DeMitt. 

Q. Are you acquainted with Jimmie Fox?—A. I am. 

Q. Who is he?—A. An Indian. 

(j. Living where?—A. In Douglas. 

Q. In Indian town?—A. Yes, sir. 

Q. Do you know Daniel Josejihs?—A. Yes, sir. 

Q. Is he also one of the Indians living in Indian town at Douglas?—A. Yes, 
sir, 

Q- Ih) you know Gill>ert .Tackson?—A. Yes. sir; I do. 

Q. Is he also one of those Indians?—A. Yes, sir. 

(}. And William Brady?—A. Yes. 

Q. He lived in Indian town, and is an Indian?—A. Yes, sir. 

Q. Do you know Edward Marshall?—A. Yes. 

O Is he one of the Indians living in Indian town at Douglas?—A. Yes, sir. 

Q. Do vou know John Willis?—A. No; I don’t think I know Willis. I guess 
I know him by sight but not by name. I would be mixed up in picking him out. 

Q. Do you know .John Harris?—A. Yes. 

Q. Is lie an Indian living in Indian town in Douglas?—A. Y^es, sir. 

(}. Were those Indians we have mentioned, with the exception of John Willis, 
whom you say you are not sure you know, living in Indian town on and prior 
to the '5th of last November?—A. Yes, sir. 


174 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you reiueiiiber whether these Indians voted at No. 2 precinct, Douglas, 
on the otli of last Noveinher?—A. Oh, yes; yes, they all voted. 

Q. Now, then, will you state the circumstances under which they came to 
vote? 

JNIr. IlELLENTiiAL. That is immaterial. 

A. Well, during the afternoon INIr. Reagan came in and hid us the time of day 
and pulled out a piece of typewritten paper and read it off to ns. It was sup¬ 
posed to explain the qualitlcations of an Indian to vote, telling, about how he 
severed his tribal relations and adopted the habits of a M’hite man, living like 
a white man, so I asked him how we would know whether they had severed 
their tribal relations or adopted the habits of a white man—how we were 
going to pass judgment on whether they should vote or not. He said if they 
had one of them papers that was qualitication, and had signed the paper. I 
asked him if they signed the paper, and he said, “Yes; they sign the paper.” 

Q. John J. Reagan?—A. John J. Reagan. 

Assistant United States attorney at that time?—A. Yes, sir. 

Q. He had been assistant United States attorney for several years?—A. Yes. 

Now, what time in the afternoon did Mr. Reagan come to the polling 
place and make these statements to you?—A. Well, I should judge l)etween 3 
and 4 o’clock. 

Q. In the afternoon?—A. I didn’t notice the time particularly. It was a 
wet day, and I wasn’t paying much attention to the time, but it was along 
between 3 and '4 o’clock in the afternoon, anyway. 

Q. Now, did you ask him for any information about that subject, or did he 
come and volunteer it to you?—A. I asked him about things—how we would be 
able to judge whetlier they were qualitied to vote or not when they came along. 

Q. What I mean is this: What started the conversation? Did he come and 
tell you that some of these Indians had the right to vote, or that he expected 
seme one of them to vote?—A. He came along and pulled out this paper and 
started to read it to us, telling us about the law in regard to the Indian vote. 

Q. Did h.e do that before you aske<l him for any information on the .sub¬ 
ject?—A. Certainly did; yes. We didn’t ask him anytliing about it because 
he introduced the subject by pulling out this paper and reading it to us. We 
didn’t know wdiat he was doing over there. 

(j. And at that time he stated that any Indian who signed that paper was 
entitled to vote?—A. Yes, sir. 

Q. At that time did you consider that any of those Indians had become 
Americ:tn citizens by taking up their abode separate and apart from any tribe? 

Mr. Hellenthae. We object to that as immaterial. 

A. I never considered it because it was never brought before my notice, or 
never brought to my notice l)efore—that is. that they came up before the board 
to vote. Of course, the question I have beard discussed several times, about 
their qualitlcations to vote; but it was the first time I ever .saw them appear 
before the election board. I have been on the board over there at different 
times theretofore, and that was the first time it was ever bnuight before my 
notice that they were entitled to vote. 

Q. Now, then, did any of tho.se Indians appear and vote after that?—A. 
Yes, sir. 

Q. How long after Reagan had called on you at the polls there did the In¬ 
dians come and offer to vote?—A. Well, it must have been half or three- 
quarters of an hour. 

Q. After Reagan had gone?—A. After Reagan had gone; yes. sir. 

Q. Now, do you remember how long it was before the polls closed that those 
Indians voted?—A. Well, I think it would be about three hours. Df course, 
they were scattered from about 4 o’clock until 7—half past G. 

(}. Tiiey didn’t all come in in a bunch?—A. They didn’t all come in in a 
bunch ; no. Two of them came in together, and then straggled in. ddiey didn’t 
all come in together. 

Q. Did any of them come in with any white men?—A. No, sii-. 

Q. Now, did those Indians sign those papers?—A. They did. 

(}. Who gave them the pai)ers?—A. I don’t know. 

Q. Did they have tho.se papers; did each Indian have a pajter like the one 
Reagan read to you when they came in to vote?—A. Each one of them had one 
of those papers. 

Q. Had each one signed that paper before he came in?—No. sir. 

Q. Did they sign that paper in the polling place?—A. Yes, sir. 

Q. Could they all write?—A. Pivery one of them. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 175 


Q. Could write tlieir names?—A. Yes, sir. 

(}. Now, do you remember what those papcus stated?—A. Well, I can not re- 
memher more than the suhstance of it, which was that they liad severed their 
tribal relations and were living? apart from the tribe and adopted the habits of 
a white man, and they were entitled to vote. 

Q. What became of those papers?—A. They were tied up in a bundle, put 
in an envelope and sent over with the balance of the record of the election and 
the votes. 

Q. They were inclosed with the election returns?—A. Yes, sir. 

Q. And sent to the governor’s office?—A. Yes, sir. 

(y Now, at the time the Judges of election allowed those Indians to vote, 
did you consider that they had a right to vote? Did you, in your own judg- 
ment, consider they had a right to vote; or did you take the judgment of John 
J. Reagan on the subject? 

Mr. Hellenthal. I object to that as immaterial. 

A. Yes; we took the judgment of Mr. Reagan. I figured it out in my own 
mind that if we depriveil them of the vote and they were entitletl to it they 
lost the vote; whereas, if we let them vote, then it would be settled the way 
it is now. That is the way 1 looked at it. I didn’t know whether they were 
entitled to vote or not. I didn’t take the responsibility on my own shoulders. 

Q. Did you allow them to vote just on the basis of your own judgment, or 
did you take the judgment of Mr. Reagan for it?—I took the judgment of IMr. 
Rt'agan. 

Q. Was that also the sense of the other judges of the election? 

Mr. Hei.lexthae. I object to that as incompetent. 

A. It appeared to be; yes. sir. 

Q. That is the way they discussed it at the time, that they would have to 
take Reagan’s word for it; is that correct? 

IMr. Heelexthal. I object to that as incompetent, irrelevant, and imma¬ 
terial. 

A. That is correct. 

Q. Now, according to your judgment, did you consider that they had severed 
their tribal relations and taken up their abode separate and apart from the 
other Indians? 

Mr. Hei.lenthal. I object to that as immaterial. 

A. Well, I didn’t know. I don’t know whether I would be able to pass judg- 
jiient on that or not. They are working for a living, living in lupuses down on 
the beach there. 

D. 'J hey aie living in shacks, aren't they?—A. Call it whatever you are 
a-niind to—shacks or houses—they are all living on the beach there, of course, 
and there was a question raised in our minds whether they were entitled to 
vote or not, hut when Mr. Reagan told us if they signed these papers they 
would be entitled to vote, of course we let them vote. 

(y It settled it in your mind?—A. Yes, sir. 

Q. You have known those Indians a good many years?—A. Yes. 

Q. You know they live huddled together in shacks on the beach, in what is 
called Indian town?—^A. Yes. sir. 

Q. Only Indians live there?—A. Yes. 

(y Aside from a squaw man or two?—A. Oh, I don’t know whether you will 
find squaw men—of course thei-e are no real white men and their families 
living along there. There are single men living along the beach between 
Treadwell and the sawmill—Indians and white men, but no white men living 
there with their families that I am aware of. 

g. Those Indians had never been permitted to vote before? 

Mr. Hellenthal. I object to that as immaterial. 

A, Not to my knowledge—never came under my personal observation. 

(}. ^\'ell, so far as you know those Indians had never been permitted to vote 
before?—A. No. 

Q. And you know they were not permitted to vote after that, at the city 
election? 

Mr. Hellb:ntiial. I object to that as immaterial. 


g. Did you .see George Johnson and Frank Bach that day?—A. No, sir; I 

g. They did not come into the polling place?—A. Not that I rememher. 
Mr. Rustgaki). That is all. 


176 


AVICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Cross exaiiiinntion by ^Nlr. IIellentiial : 

Q. Wliat INIr. Keajjan did when he lirst came in, ]\Ir. McCormick, lie. had a 
document that he rend to you?—A. Yes, sir. 

Q. And in that document it was stated that Indians that had severed their 
tribal relations and had adopted the haliits of civilized life could vote?—A. Yes, 
sir. 

Q. Isn't that riijht?—.V. Yes, sir. 

Q. And the other documents to which the Indians subscribed were statements 
that they had adopted tiie habits of civilized life?—A. They were identically 
the same, as near as I remember. 

By Mr. Rustgaiid : 

Q. Mhis Mr. Smiser’s name attached to any of those documents?—A. Mr. 
Smiser’s name was attached : yes. 

(i. To each of them?—A. Yes; I wouldn’t say about the one that he sifrned, 
hut the one that he left in our possession was si. 2 :ned by Mr. Smiser. 

Q. Ueapin left his cony with you?—A. Left a copy for us to read. 

Q. That was si^rned hv IMr. Smiser?—A. Yes. 

Q. That was a statement by Mr. Smiser to the effect that the Indian who 
siimed the affidavit ha-^ a rij?ht to vote?—A. No; that statement wasn't on the 
paiier there—it was toM verbally to us by Mr. Beajjan that they signed it. 

(}. What was the sta^^nnent that Smiser thad signed?—A. Stated about the 
qualifications of an In'h'an severing? his tribal relations and living; apart, and 
adoiiting the habits of white men—that was the statement that Reagan read 
to us. 

Q. That was signed hv Smiser?—A. Yes. sir. 

Q. Smiser is the ITi^cd States attorney for this division?—A. Yes, sir. 

By M;. Hellentptal : 

Q. That paper, Mr. ?Tr>Corniick, also was sent in with the returns, was it?— 
A. Yes; that was sent in. 

Q. And. the Indians t^mt voted all took an affidavit that they had .severed 
their tribal relations and adopted the habits of civilized life?—A. You asked 
me what jiapers were se’^t in with the returns—this one that he left? 

Q. Yes, that was sent in with the others; wasn’t it?—A. No. 

Q. That wasn’t sent in?—A, No. 

Q. The one that was '*ect in was tlie affidavit?—A. Yes,; we sent that in. 

Q. That one that Snn'ser si.gned was a mere legal opinion in which he told you 
which Indians could votr- and which could not, is that not the situation?—A. 
That i; right. 

Q, And in that statement it was stated that if an Indian had .severed his 
tribal relations and adrpted the habits of civilized life he could vote, or words 
to that effect?—A. If thev signed that paper. 

Q. Providing he signed, an affidavit to that effect?—A. Yes. 

Q. And these Indians’ votes were not challenged by anyone?—A. One of them 
wa:\ 

Q. One of them was; the others were not? — A. Harris’ was challenged. 

Q. Oh. yes; Mr. Wilsmi challenged that. Harris’ vote was challenged, hut the 
others were not?—A. Ye“. 

Q. They all subscribed their names to the affidavits?—A. Yes, sir. 

Q. They could, all wrffe their names?— A. Oh, yes. 

Q. Who read the affiKhavits to them, do you remember?—A. No; they had 
the affidavit in their own pos.session. 

Q. Now, the Indian town-in Douglas is scattered along on the beach for quite 
a long distance, is it not?—A. Yes, sir. 

Q. That is to say, mo=:t of the Indians live on the beach?—A, Yes. 

Q. The Indians fish for a living a good share of the time, do they not?—A. 
Well, I guess .some of them do during the summer; the majority of them work 
in the mine. I guess in the .summer time most of them go out fishing. 

Q. And. for that reason most of the Indians around Alaska live on the beach, 
do they not?—A. I do imt know their rea.sons for living there—they live there. 

(j. They live on the beach at .luneau?—A. Yes. sir. 

Q. And elsewhere, as far as you know?—A. Yes, sir. 

(j. Liv(‘ near the water?—A. Yes, sir. 

Q. And the same is true at Douglas Island?^—A. Yes, sir. 

Q. And while it is true that the Indians live there, there are white men liv¬ 
ing here and there amongst them.—A. Yes. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 177 


Q. I thinls yon suid tlu> white men that lived on the l)eac*li were mostly all 
sinjjle men or white men who married s(in«iws?—^A. I said there was many 
sinjjle men among them and some that we know were living with scjiiaws. 

Q. Did you say there were no white men in that locality?—A. No, I didn’t 
say there were none. I think there are a couple of parties running a store—I 
think the.v have their families with them. 

Q. What you mean to say is that the white families as a rule live up on the 
hill, farther away from the water?—A. Yes, sir. 

Q. But that there are some white people who do not live there?—A. Yes, sir. 

Q. Who live .scjittered along in other places?—A. Y^es, sir. 

Mr. Hp^llenthall. That is all. 

Redirect examination by Mr. Rustgard : 

Q. This white famil.v living there, who are the.v?—A. Michael George is run¬ 
ning a store along there, and he has his wife there; and George Myers is an¬ 
other, 1 believe, running a store. 

Q. Trading with tho.se Indians?—A. Yes. 

Q. Who are they? Two of the Greeks over there, or Syrians?—A. Greeks or 
Syrians, I believe*. 

Mr. Rustgard. That is all. 

(Witness? excused.) 

Mr. Rustgard. Will you waive the signing of these depositions? 

Mr. Hellentiial. That is all right—I will waive the signing of these depo¬ 
sitions. 

Unitp:d States of Amp:rtca, 

Ten itory of Alaska, ss: 

The undersigiu'd, G. C. Winn, a notary public for the Territory of Alaska, 
does hereh.v certify that on the 28th day of August, 1919, the foregoing witnesses, 
.Tohn W. Wilson and Richard iMcGormick, having tirst been duly sworn to 
testif.v to the truth, the whole truth, and nothing hut the truth, in his direct 
and cross-examinations, did testify as set forth in the foregoing depositions; 
that said testimony was taken ddwn stenographically in his presence and there¬ 
after transcribed in typewritten form under his direction ; and that pursuant to 
a stipulation between the attorneys for the parties hereto said dep<>sitions were 
not read nor signed by said witnesses. 

In witness whereof I have hereunto set my hand and official seal this 4th day 
of September, 1919. 

[.SEAL.] G. C. Winn. 

Notari/ ruhlic for Alaska. 

My commission expires July 22, 1921. 


To the ahove-nanied contestee and his attorneys, J. A. HeUeirthal and John R. 
Winn: 

Take notice that before Grover C. AVinn, a notary public, on Saturday the 
28(1 day of August, 1919, at 2 o’clock p. m. of that day, the contestant James 
AVickersham will take the deposition of George Doyle, a resident of Juneau, 
Alaska, as witness for contestant, at the office of the United States marshal at 
the courthouse in Juneau, Alaska. 

Dated this 22d day of August, 1919. 

James AA’^ickersham, Contestant, 
By John Rustgard, 

Attorney for Contestant. 


Copy of the above notice received at Juneau, Alaska, this 22d day of August, 


1919. 


Jno. R. AVinn. 


DEPOSITION OF GPIORGE E. DOYLE. 


August 28, 1919—2 p. m. 

GEORGE E. DOABLE, introduced as a witness on behalf of the contestant, 
being by the notary puldic tirst duly sworn to tell the truth, the whole truth, and 
nothing hut the truth, testified as follows: 

I )irect examination by Mr. Rustgard : 

Q. AVhat is your full name?—A. George E. Doyle. 

(}. Did you ever serve in the United States Army?—A. Yes, sir. 


151279—20-12 



178 


WKMvEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. WluU time?—Well, I have been in the service for about nine years. 

Where did yon enlist?—A. 1 reenlisted at Fort Lawton, Wash. 

Q. Fort Lawton, Wash.?—A. Yes, sir. 

(}. At what time?—A. .lamiary 15, 1915. 

(}. In what company and re,ii;iment did you .serve last?—A. The last company 
I served in was the Thirtieth Battalion, United States Guards. 

Q.Thirtieth Battalion, United States Guards?—A. Yes, sir; stationed at Fort 
Seward, Alaska. 

{}. When were you sent to Fort Seward?—A. August 18, I landed here, 1915. 

Q. You were .sent from Fort Lawton?—A. Yes, sir; I was in the Quartermaster 
Corps then. 

Q. How lon.u’ did you seiwe in the Army—that is, when did you quit?—A. Well, 
I was a soldiio- up until—1 ain’t got my discharge yet. I will get my di.scharge 
when I get nut of here. 

i). Were you in the United States Army as an enlisted man at Fort Seward, 
near Haines, in this division of Ahuska, on the 5th of last November?—A. I 
was, sir. 

(L That furl is close to the town of Haines?—A. It is a quarter of a mile 
from Haines. 

(). Did you and any of the other soldiers vote at the general election held 
at Haines?—A. I did, sir. 

Q. On the 5th of last November?—A. Yes, sir. 

Q. Do you know of any of the other enlisted men aside front youi’self who 
voted at that time, referring only to those who had enlisted outside of Alaska? 

•Tudge Winn. Don't give tlie na-nes—answer that yes or no. 

A. Yes, sir; I do. 

Q. Will vou give tho.se names now? 

.ludge ^^TNN. I object to it as not the best evidence. It is secondary evi¬ 
dence, and the I'ecords of the election, etc., is the best evidence to show who 
Aoted and who did not vote. 

Q. You may answer.—A. As near as I can recollect there was Sidney Gross. 

Q. Sidney Gro.ss?—A. Yes, sir. 

Do you know where he enlisted?—A. No, sir; I don’t; he was sent up 
from San Francisco, I believe. 

Q. Do you recall approximately what time he was sent up from San Fran¬ 
cisco?-—A. About 1917; about the first part of the year; about the first part 
of 1917; I don’t exactly know what month. 

Q. He was in the Army as an enlisted man at the time he came up there?— 
A. Yes, sir; in the Quarternfaster Corps. 

Q. Who t‘lse do you rememlier? 

.Judge Winn. Same objection—not the best evidence. 

A. Wilson, but I don’t know his first name. 

Q. Do you know where he came from?—A. No; I couldn’t say exactly where 
he come from, but he was sent up from the States to C Company. 

Q. Do you recall approximately what time that was?—A. 1916. 

(,). Will yo\i state the circumstances under which you and those other two 
soldiers that you referred to happened to go to the polls and vote at Haines 
on the 5th of last November?—A. Well, we all were playing pool in the conf- 
pany quailers and an argument came up as to who was going to vote, so I was 
a.sked personally if I was going to vote. 

Q. Who asked you?—A. Mr. Coombs. 

Q. Mr. Coombs?—A. Yes, sir; the marshal. 

Q. That is the deputy Ignited States marshal stationed at Haines?—A. 
Y'es, sir. 

Q. Well, what did he say to you, if anything, about that? 

]\Ir. Hellenthal. I object to that as immaterial and not binding upon Mr. 
Grigsby. 

A. I told him it didn’t particularly make any difference to me; I being a 
soldier I didn’t think I could vote, and he said yes; that there was a law 
passed that we could. 

Mr. Hellenthal. This is all objected to as being immaterial and inconfpetent. 

The Witness (continuing). So a bunch of us went over to Haines in Mr. 
Coombs’s machine that he had there to take the men over from the post over 
to Haines—he had two of them; he had the truck and his own personal 
machine. 

Q. That is, Coombs went in a machine?—A. Yes, sir. 


WICKERSHAM VS. SULZER, DECEASED, AI^D GRIGSBY. 179 


Q. Yon mean an automobile?—A. Yes. sir. 

(). How many men did CN)ombs then take from the fort over to Haines 
to vote?—A. All the automobile could hold—we had a six-passenger Bnick. 

Q. And you and the other two soldiers you have mentioned were with him 
in that auto?—A. Yes, sir; they were with him in that auto. 

Q. Did he at that time say anything to you or to the other men with you 
as to whom you ought to vote for? 

Hr. Hellenthal. I object to that as immaterial, irrelevant, and incompe¬ 
tent. 

A. He said that we ought to vote for Mr. Sulzer. 

Q. When you came to Haines did he buy you a cigar, or anything like 
that?—A. Xo, sir; I bought the round of drinks and cigars myself. 

Q. Did Mr. Coombs, the deput.v marshal, buy anything for the boys? 

]\rr. Hellexth.vl. We object to that as immaterial. 

A. Xo, sir. 

(). Who did you vote for?—A. I voted for Mr. Sulzer. 

Q. Did you have any talk with the other two boys you mentioned as to 
who they voted for? 

]Mr. Hellextii.vl. I object to that as immaterial. 

A. Xo, sir; I did not. 

Q. Did they make any statement to you as to who they voted for? 

Mr. Hellenthal. I object to that as immaterial. 

A. Xo, sir; but I just got from the run of the conversation that they voted 
for Mr, Sulzer. 

]\Ir. Hellenthal. Y'ou say they made no .siatement to you? 

A. Xot to me personally; no, sir. 

By ]Mr. Ri'stgard : 

Q. When you say that you gathered from the run of the conversation that 
they voted for Sulzer, will you explain fully what you mean by that? What 
was the conversation? 

Mr. Hellenthal. We object to that as immaterial and not the best evi¬ 
dence, hearsay, not binding upon Mr. Grigsby, irrelevant and incompetent. 

A. Well, we was all in driid^ing, is all I can say, in Mr. Bersford’s place 
there playing pool, and I heard some fellows talking, I don’t know just who 
they were—— 

Q. All the talk was for Sulzer?—A. Yes, .sir. 

Q. Had Sulzer been to the fort and made a .speech to you soldiers? 

Mr. Hellenthal. I object to that as immaterial. 

A. After the vote contest came off. It was about a week after we voted 
that he came up there. 

Q. You say Sulzer was there about a week after the vote came off?—A. Yes, 
sir; approximately a week—I wouldn't say how long, but it was approxi¬ 
mately about a week. 

Q. Do you remember whether he was over at the fort or at Haines’ 
talking to ,vou .soldiers before the election?—A. Xo. sir; he wasn’t in Haines’ 
until he came up on the EHtebcth on a Tuesday night. 

Q. Tuesday night of the election?—A. Xo, sir. 

Q. After the election? —A. Yes, sir; when he come up. 

Q. And Judge MJckersham you had never seen?—A. Xo, sir; I never 
seen him. 

Mr. IlusTGARD. That is all. You may cro.ss-examine. 

Cross-examination by Mr. Helenthal. 

Q. You say you don’t know vdiere these other two soldiers enlisted that 
you have mentioned, Wilson and Gro.ss?—A. I don’t quite understand. 

Q. You don’t know where AVilson and Gross enlisted?—A. Xo, sir; I don’t 
know whoro they enlisted. 

Q. You don’t know what country they were residents of at the time of their 
enlistment?—A. X"o, sir; I don’t. 

Q. AA’hen did .you come to Alaska the first time?—A. The first time I came to 
Alaska was in 1*908, the year that the XTivy made a trip up here—I was up here 
that year. 

Q, AA’hat did you come hei-e for at that time?—A. I was in the Navy, sir. 

Q. AATiere did you enlist the first time?—A. I first enlisted in the Army at 
Jefferson Barracks, Mo. 



180 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. Where were you livino: at the time you enlisted at Jefferson Barracks?—A. 
Why, at the time I was in Parsons, Kans. 

Q. Had yon been to Alaska before that time?—A. No, sir; not until the year 
that the fleet came up here. 

Q. What was the next time you reenlisted?— A. The next time I reenlisted 
was in 1915. 

Q. Where was that?—A. That was in the Army, at Fort Lawton. 

(}. That w;iS after you had been in Alaska for a year or two?—A. Sir? 

Q. You had been in Alaska prior to that for a year or two?—A. No, sir; I 
Jiadn’t been to Alaska but one trip, was all. 

Q. You had not been to Alaska before?—A. No, sir; not to stay. 

Q. You had been to Alaska, had you not?—A. Yes, sir; I forget the name of 
the boat I was on, but one of the destroyers. 

Q. You belonged to the Regular Army?—A. Yes, sir; I did. 

Q. How did you happen to be up at Fort SewanF-*—A. Why, I was trans¬ 
ferred from the Quartermaster Corps owing to the shortage of a teamster at 
Fort Seward—I was transferred from Fort Lawton to rev)lace this teamster. 

Q. You have been in Alaska since what year?—A. I was transferred up here 
in 1915—August IS. 

Q. Now, you had been a violent Wickersham 3ui)porter u]) to the time of elec¬ 
tion, had you not?—A. I had not given either party serious thought. 

Q. You were, however, advocating the election of Wickersham, is that not 
true?—A. I wasn’t advocating either one. 

Q. Do you know Dr. Freeburger?—A. Yes, sir; I know Dr. Freeburger well— 
soldiered with him. 

Q. You know Mr. Prentiss, don’t you?—A. Billy Prentiss? 

Q. Yes.—A. Yes, sir, 

Q. You knew those men before election day, didn’t you?—A. Yes, sir; I in¬ 
structed both of them up there. 

Q. And you advocated the election of AVickersham to them, didn’t you, before 
election day?—A. I don’t remember that I did. 

Q, You wouldn’t say that you did not, would you?—A. I wouldn’t say that I 
didn’t or 1 wouldn’t say that I did, because I never gave the election a serious 
thought. 1 may at some time have said something offhand. 

Q. That Wickersham ought to be elected?—A. Well, I don’t just recall what 
I did say. The strong talk in the company among the tishermen, they were 
all for Wickersham—the company consisted of mostly tishermen, and they were 
all for AViekersham. 

Q. And that naturally made you lean toward AA’ickersham?—A. Yes, sir; 
naturally would—soldiered with them. 

Q. And that made you advocate the election of AATckersham as against Mr. 
Sulzer, is that right?—A, No, sir; that didn’t exactly turn me against Mr. 
Sulzer. AAffiat turned me against Mr. Snlzer was his own speech. 

Q. His own speech?—A. Yes, sir. 

Q. That was a week after election?—A. Yes, sir; api)roximately a week. 

Q. You told Dr. P^reeburger and Mr. Prentiss that AVickersham should be 
elected long before that, didn’t you?—A. No. sir; not that I know of. 

Q. Didn’t you tell those gentlemen before election—discuss politics with 
them, cuss Air. Sulzer and praise AATckersham?—A. No, sir; I didn’t; not to 
my knowledge. 

Q. Not to y<mr knowledge?—A. No, sir. 

Q. If you did that it was something you have forgotten about. Now, isn't it 
a fact that you voted for AVickersham?—A. No, sir. 

(}. It is not a fact?—A. No, sir. 

(}. You didn’t vote your sentiments, then?—A. No, sir. 

(}. Aval are at present serving a term in the Juneau jail?—A. Yes, sir. 

Q. AAJiat are you in here foi-? 

Air. Rustgaiu). I object to that as immaterial and irrelevant. The records 
are the best evidence. 

The AATtness. I consider that to my own benefit. 

Q. Do you refuse to state what you are in jail for at the present time?—A. 
AA'ell, I am here for trying to—not telling what I know. 

Q. Ahni are in here because you tried to conceal the truth?—A. AA’ell, in a way, 
yes; if you look at it that way. 

Q. You are not in here for telling something that wasn’t true?—A. Not that 
I know of, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 181 


Q. Now, I want yon to state fully just what the charges against you were 
that landed you in the Juneau jail. 

Mr. Kustgakd. I object to that as not the best evidence. 

A. I forget what chai'ges I was under now. It was accepting stolen property, 
having stolen ])roperty in iny possession, whatever that comes under—I don’t 
know what charge it comes under. 

Q. How did you come to be a witness here?—A. Why, I was called upon the 
other day by Mr. Kustgard. 

Q. Did you send for INIr. Kustgard?—A. No, sir; I did not. 

Q. Did you talk to anybody and tell them to send Mr. Kustgard to you?—A. 
No, .sir; I did not. 

Q. You never told anybody that you knew anything about this case and would 
be able to testify to something for Wickersham?—A. No, sir; I did not. 

Q. Mr. Kustgard just called upon you without anyone directing him to do 
so?—A. As far as I know, sir; yes, sir. 

(}. 1^011 never told any one that you knew anything about this case at all?— 
A. No, sir; I uid not—only Mr. Kustgard the day he called on me. 

Q. The only man you ever talked to al)out this whole situation-A. l^es, 

sir. 

Q. Was IMr. Kustgard on the day that he talked to you in jail?—A. Yes, sir. 

Q. Is that right ?-^A. Yes, sir. 

Mr. Hellenthal. That will be all. 

Kedirect-examination by Mr. Kustgard: 

Q. Y'ou have referred to some discussion as to the candidates for Delegate 
from Alaska at the last election. Let me ask you whether or not there was 
any discussion on that subject of any conseQuence until after Sulzer had 
made his speech? 

]Mr. Helenthal. We object to that as leading and immaterial. 

A. Among the men, you mean, sir? 

Q. Yes.—A. Well, there was, off and on, talking about it in the company. 

Q. But did the discussion increase after Sulzer had been there?—A. I never 
paid no attention to it to amount to anything—I just let it drop as it was. 

Q. You never took any particular interest in politics?—A. No, sir; I never 
took no interest in politics because I was always with the Government, and the 
time I was in the service we wasn’t allowed to vote, so therefore I never give 
it a serious thought of no kind. 

Q. This is the tirst time you ever voted?—A. The first time I ever voted, 
sir. 

Q. And you didn’t know you had a right to vote until the deputy marshal 
told you?—A. Until I was told so. I hadn’t seen no orders to that effect come 
out of the service, and I didn’t know about it at all. 

Mr. Kustgard. That is all. 

(Witness excused.) 

George E. Doyle. 

United States of America, 

Tcrritonj of Alaska, ss. 

The undersigned, G. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 28th day of August, 1919, the foregoing witness, 
George E. Doyle, having been first duly sworn to testify to the truth, the whole 
truth, and nothing but the truth, in his direct and cross-examinations, did 
testify as set forth in the foregoing deposition; that said testimony was taken 
down stenographically in his presence and thereafter transcribed in typewritten 
form under his direction, and that after the same was read by said witness, 
he swore to the same and signed his name thereto. 

In witness whereof, I have hereunto set my hand and official seal this 5th 
day of September, 1919. 

[SEAL.] C. Winn, 

Notary Publio for Alaska. 

My commission expires July 22, 1921. 

To the above-named contestee and his agents and attorneys, J. A. Hellenthal 
and John R. Winn, Esqs.: 

Take notice, that before G. C. AVinn, a notary public for the Territory of 
Alaska, at his office in the Valentine Building, in the town of Juneau in said 
territory on Friday, September 5, 1919, at 2 o’clock p. m., I will take the testi- 



182 WICKEKSHAM VS. SULZEK, DECEASED, AND GRIGSBY. 


mony of the followiiijj-nanied witnesses, to wit: .lolin Knstgard, .Tolin B. Mar¬ 
shall, and Harry Willard; and yon will further take notice that the taking of 
said depositions will he continued from time to time until completed. 

.Tames Wickeksham, Contestant, 
By .John B. Makshall, Attorney. 


Service of a copy of the foregoing notice is admitted this 4th day of Sep¬ 


tember, 1919. 


.Tno. H. Winn, 
Attorney for Contestee. 


Before G. C. Winn, Esq., notary public, at his otlice in the Valentine Build¬ 
ing, .Tuneau, Alaska. 

Present: G. C. Winn, Esq., .John Rustgard, and .T. B. Marshall on behalf of 
contestant, and .T. A. ITellenthal and .Tohn R. Winn, on behalf of contestee. 

Notice having been duly given for the taking of the depositions of .Tohn Rust- ‘ 
gard and J. B. Marshall on behalf of <*ontestant, before the above-named officer, 
on Friday, September 5, 1919, at 4 o’clock p. m., the following proceedings were 
had, to wit: 


DEPOSITION OF JOHN RUSTGARD. 

United States of America, 

Territory of Alaska, ss. 

.TOHN RUSTGARD, being first duly sworn, testified as follows: 

I wish to «tate that as attorney for the contestant, .Tames Wickersham, 
I endeavored to secure the transmission to the House of Representatives as 
evidence in this contest, the minutes of the proceedings of the canvassing 
board, which were referred to by consel in his objection to the testimony of Mr. 
.T. B. Marshall recently given. To that end I served notice of the taking of 
the deposition of ]Mr. Martin George, since the death of Charles E. Davidson, 
the individual in charge of the office of surveyor general of Alaska, and also 
in charge of the office of the Secretary of Alaska. As such, Mr. iNIartin George 
had charge of the minutes of the canvassing board. 

Mr. Hellenthal. We object to what iMr. INIartin George's official capacity 
was or what his official duties are; we object to this witness testifying as to 
what Ml-. IMartin George’s official capacity and duties are, on the ground that 
it is not the best evidence and on the further ground that if iMr. iMartin George 
has any legal duties defined by law, then the law itself has prescribed those 
duties. 

]\Ir. Rustgard fcontinuing). qdie deposition of INIr. IMartin George was taken 
and at that time I offered in evidence the minutes of the canvassing board, 
in the possession of IMartin George, as the only party in charge of the office of 
the sec'retary of the Territory of Alaska. Those minutes to the best of my 
recollection contain some 250 or 300 typewritten pages, being in the form of 
transcripts of the minutes or notes of the stenograjiher of the Governor of 
Alaska. These minutes were marked as “ Exhibit 1 ” or “Exhibit A” by the 
notary, IVIr. Grover Winn, to be attached to the deiiosition of Martin George 
when the transcript was prepared. To-day I find that Martin George refused 
to attach these minutes to his deposition and refused to let them go out of the 
office, and lie informed me this afternoon that the present Attorney General, 
IMr. .Terry Muriihy, an appointee of Governor Riggs, instructed him not to 
permit the minutes to leave the office of the Secretai'y of Alaska. I deem those 
minutes of importance and believe tliey should be transmitted to the House of 
Itepresentatives as evidence for the contestant in this case. 

I further wish to testify that T have endeavored to secure the attendance of 
IMr. Selmer .Jacobson and IMrs. Selmer .Jacobson as witnesses for contestant in 
this case. They are residents of .Tunean and the same parties referred to by 
Mr. .T. R. jMcNeill and Mr. H. .T, Tlaymond. respectively, in their respective 
deposition. I served a subpoena on IMi^s. .Jacobson at her home in this city on 
Friday, the 29th of August, the subpiena being duly issued and made return¬ 
able on September 3, at 4 o’clock p. m., before Grover C. Winn, as notary public. 
I left a copy of the subpoena with IMrs. .Jacobson at her home in this city, to¬ 
gether with the witness fee of 75 cents, which she accepted. 

I made several efforts to find Mr. .Jacobson and on all occasions missed him 
and finally left a subpoena for him with his wife at his residence in this city,, 
together with the witness fee of 75 cents, which she agreed to deliver to IMia 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 183 

.Tacobson, her liiisbaiid. INIrs. Jaeobson ajjreed te come and testify in the case 
on the 30th of Ansnst, 1919, at 4 o’clock in the afternoon instead of waiting 
until the 3d of September, the date fixed in the snhpania, as I was endeavoring 
to close the evidence to be taken in Jnnean at that time, and she also agreed to 
see that Jacobson came here at the same time. Neither of these witnesses 
appeared, and the attorneys for contestee being here and waiting, I went over 
to Jacobson’s residence and found that Mrs. Jacobson was at home, and was 
informed by her that Mr. Jacobson had gone to my office. I failed to find him, 
and came hack to the office of the notary before whom the depositions were 
to be taken and informed the attorneys for contestee of the facts, and it was 
then agreed that we should make an offer to take a deposition of the Jacobsons 
either before or on the date when the subpoena was returnable. I made another 
effort to find Mr. Jacobson, but failed, and called upon Mrs. Jacobson, who said 
she would be sure to be here on the 3d of September, the date set for her 
appearance in the subpoena. So far neither of them has responded to the sub- 
p(ena, and I know of no other means by which to compel their attendance. I 
can state that ]Mrs. Jacobson informed me that she and her husband voted at 
AVarm Springs, Kay- 

Air. Hellenthal (interrupting). AA> object to any statements as to what these 
witnesses informed counsel, as the only method of proving facts to which the 
statement evidently refers would be by producing the witnesses in order that 
they may be cross-examined. 

Mr. Kustgakd (continuing). The same being known of record as Barahoff 
l)recinct, on the 5th of last November, and that they both voted for Sulzer, and 
that they were both residents of Juneau at that time. 

John Uustgaed. 

Subscribed and sworn to before me this 5th day of September, 1919. 

[seal.] G. C. AATnn, 

Xotary Puhlic for Alaska. 

Aly commi.ssion expires July 22, 1921. 

United States of America, 

Territory of Alaska, ss: 

The undersigned, G. C. AATnn, a notary public for the Territory of Alaska, does 
hereby certify that on the 5th day of Septemlier, 1919, the foregoing witness, 
John Kustgard, having been first duly sworn to testify the truth, the whole, 
truth, and nothing hut the truth, in his deposition herein, did testify as set 
forth in the foregoing deposition; that said testimony was taken down steno- 
graphically in his presence and thereafter transcribed in typewritten form under 
his direction, and that after the same was read by said witness he swore to the 
same and signed his name thereto. 

In witness whereof I have hereunto set my hand and official seal this 5th day 
of September, 1919. 

[SEAL.] G. C. AVinn, 

Notary Public for Alaska. 

Aly commission expires July 22, 1921. 

Before G. C. AATnn, Esq., notary public, at his office in the ATalentine Build¬ 
ing, Juneau, Alaska. 

IT-esent: G. C. AATnn, Esq.; John liustgard and J. B. Alarshall on behalf of 
contestant; and J. A. Hellenthal and John R. AATnn on behalf of contestee. 

Notice having been duly given and process served on Harry AATllard for the 
taking of his deposition on behalf of contestant, before the above-named offi¬ 
cer, on Friday, September 5, 1919, at 4 o’clock p. in., the following proceedings, 
were had, to wit: 


DEPOSITION OF HARRY WILLARD. 

HARRY AATLIARD, being first duly sworn, testified as follows; 

Direct examination by Air. AIarshall. 

Q. AATiat is your name, please?—A. Harry AATllard. 

Q. How long have you lived in Juneau?—A. liver since I was born. 

Q. How long ago was that?—A. Thirty-nine years now, this year. 

Q. You have been for a long time, then, a resident of what is known as Auk 
ATllage?—A. Yes; Auk Village. 

Q. AVhere the great majority of the native people live?—A. Yes. 



184 . WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Are you acquainted with most of the native people who live down 
there?—A. Yes, sir. 

Q. I want to read over to you this list of names. Then after I read it I will 
ask you a (piestion. The list of names is: Georj^e Martin, Albert Samuels, Her¬ 
bert Martin, Hilly Martin, Tilly Martin, Pete Smith, Ph-ank Peters, Willie 
Peter.s, Prancis Joseph, Charlie Gray, Georjje Howard, Jack Gamble, Charlie 
Kohl), Jimmie Hanson, George Gamble, Charlie Peters, James Miller, .Jacob 
Harris, John Harris, Harry Anderson, Charlie Gamble. Now do you know all 
of those people?—A. Yes, sir. 

Q. Are they all native residents of Alaska?—A. All natives. 

(}. Do they all live in the native village known as Auk Village?—A. Yes, sir. 

Q. Were you at one time stationed down at Klawock, another native vil¬ 
lage?—A. Yes, sir. I done mission work df>wn there. 

Q. Are you [)retty well acquainted with the native people residing down 
there?—A. Yes, sir. 

Q. I will read you another list of names: George Demmert, William Stew¬ 
art, li. J. I’eratovich, J. K. Williams, Thaddous Isaacs, L. P. Wilson, .Tack J. 
l*ertovich, Tecumi)sa Collins, Charles W. Demmert, Sam Gunyah, Sam Davis, 
Lee Anniesket, Maxtield Dctlin, Johnnie W. Anniskett, Clyde Fields, Arthur 
James, John Wilson, PT-ank WilliaiiLS, li. D. Collins, and 1‘eter Anniesket. Do 
you know all those people?—A. Yes, sir. 

Q. Do you know where they live?—A. Yes, sir. 

Q. Where?—A. liight in Klawock. 

(}. In the town of Klawock, on the Indian reservation?—A. On the Indian 
reservation. 

Judge Winn (interrupting). I want to get an objection there, on this part of 
the question about it being an Indian reservation not being the best evidence. 

Mr. Marshall to Judge Winn. I think we have got the executive order in. 
We i)ut it in down in Ketchikan. 

Mr. Marshall. That is all I have to ask him, I think. 

Cross-examination by i\Ir. Hellenthal : 

Q. Did you say Jobnnie Harris lived in the Indian reservation, too?—A. 
On town side. 

Q. He lives in the Indian village?—A. In Indian village, on town side. 

Q. On the town side of the Indian village?—A. Yes; on town side. 

Q. Johnnie Harris is a son of Richard Harris?—A. I think that name is not 
Johnnie Harris. It is a half-breed boy he is talking about. Jacob Harris and 
.Jolm Harris is two brothers. 

Q. You know Dick Harris, don’t you?—A. Yes, sir. 

Q. They are sons of Dick Harris, aren’t they?—^A. Yes, sir. 

Q. Dick Harris is the man that tir.st discovered gold in Alaska, isn’t he?— 
A. Y'es, sir. 

Q. He is a white man?—A. Y^es, sir. Married to a native. 

Q. IMarried to a native?—A. Y^es. 

Q. Where is that house of .John Harris’s?—A. I think he has two houses. One 
of them is right below the court and one is right on this side of Morris’s store. 

Q. One of them right below the courthouse?—A. Y^es. 

Q. That is part of the Indian village?—A. But I mean the other one is right 
on the side of Morris's store—the Indian side. 

(2. Anyway, this boy is a son of Dick Harris?—A. Dick Harris was his 
father. 

Q. Dick Harris was also the father of the other Harris boy that you testi¬ 
fied to?—A. No. 

Q. M'hat is the other Harris boy’s name?—A. You are talking about this 
half-breed boy of Dick Harris’s. Jacob Harris is a full-blood Indian. And 
John Harris is. They are two brothers. You are talking about John PParris 
and Dick Harris. 

Mr. Marshall (interrupting). They are sons of Dick Harris?—A. Yes, sir. 

Q. But tile two Plarris boys you named—John and Jacob Harris?—A. 
Full-blooded Indians. 

(,). Not the sons of Dick Harris'?—A. No. 

Q. Phill-blooded Indians?—A. Yes. 

Mr. Helt.enthal. That fellow Demmert you testified to at Klawock. He is 
the man who has the store there? 

A. Y'es. 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 185 


(-i. He lias a store down tliere?—A. Well, Deniaiert lias no store. I don’t 
Icnow that Deinniert has a store down there. Boh I’eratovich has a store down 
there. He is a half-hreed and has a store there. But Georgce Deniinert has no 
store there. They had a home up at Shakan. They moved down there. They 
have been staying? with their father. I left there in lt)Od, iu June. The first 
year that I was down there was IS9G, one year. The second time I went dowm it 
was 11)01; 1 returned to Juneau again. In the same spring, 1902, I went down 
there and I took up mission work and I spent my time tliere all that year up 
until 1900, and in tlie spring I left there. 

Q. Did you ever see that nice new home of George Demmert?—A. No, sir. 
They may have had a home after I left. They used to stay with their father, 
all in one house. 

.Judge Winn. You are a full-hlooded Indian? 

A. Yes, sir; I am. 

Mr. Hellenthal. Have you adopted the habits of civilized life? 

A. Yes, sir. 

(>. Ytui are not a savage, then?—A. No. 

Mr. Makshall. I object to that question. He is not here testifying on that 
question. It is not cross-examination. It has no relation to the thing under 
investigation. 

Mr. Hellenthal. You lived in (he Indian village? 

A. Yes, sir. 

Q. You are a civilized man, aren’t you?—A. I am trying to be. 

You have no chief?—A. No, sir. 

Q. They have no chief in the Auk village, have they?—A. Some of them are 
under the chief yet, hut I am not. I left my custom about two years ago 
now, and I am not under the chief. 

Q. Did you vote?—A. Yes. 

Q. You voted for Wickersham? 

Mr. KrsTGAHi). Same olijection. 

A. Sure; it is my duty to. 

Mr. Marshall. You have the evidence of citizenship authorized by the bill 
introduced in (’ongress and took your examination, did you not? 

A. Yes, sir. 

Judge Winn (interrupting). Object to it as not the best evidence. 

Mr. Hellenthal and Mr. Winn waived signing of deposition by Mr. Willard. 

I'NiTEi) States of Aj^iertca, Territory of Aluf^ka, ss. 

The undersigned, G. O. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 5th day of September, 1919, the foregoing wit- 
ne.ss, Harry Willard, iiaving been first duly sworn to testify the truth, the 
whole trutli, and nothing but the truth, in his direct and cross-examinations 
did testify as set forth in the foregoing deposition, that said testimony was 
taken down stenographically in his presence and thereafer transcribed in type¬ 
written form under his direction, and that after taking of said deposition ]Mr. 
Hellenthal and Judge Winn, appearing in behalf of contestee, waived signing of 
the deposition by Mr. Willard. 

In witness whereof, I have hereunto set my hand and official seal this 5tli 
day of September, 191S. 

[sEAL.j G. C. Winn, 

Notary Puhtic for Alaska. 

My commission expires Jul.v 22, 1921. 

DEPOSITION OF J. B. MARSHALL. 

Bnitei) St.vtes OF America, Territory of Alaska, ss. 

J. B. MAKSHALL, being first duly sworn, testified as follows; I want first 
to introduce in evidence a copy of the paper prepared in United States at¬ 
torney’s office and circulated among the Indians on the beach at Douglas and in 
Juneau, which consisted of, first, an affidavit by which such Indians were ex¬ 
pected to establish their rights of citizenship and that his- 

Judge Winn (interrupting). We object to anything the paper contains ex¬ 
cept for the mere purpose of identifying it. 

Mr. IMarshall (continuing). Followed by a statement addressed to the 
judges of election and signed by Mr. Smiser- 



186 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Judge Winn (interriiptiiig). We object to ^NTr. ^Marshall testifying as to wliat 
rlie paper contains. If lie is going to offer tlie paper, it will be the best evidence 
and we want to reserve the objt'Ctipn until be offers it. 

INIr. INIahshai.l. I will proceed. In this certificate appended to the paper by 
Mr. Sniiser be states, among other things: “It is my opinion that any Indian 
wdio makes the above aflidavit is prima facie entitled to vote.” I will offer 
this copy in evidence and ask that it be marked “Exhibit No. 1” to my depo¬ 
sition and will state that an original, signed by ^Ir. Smiser, was transmitted to 
the Clerk of the House of Representatives and is a part of the record there. 

]Mr. Hellenthal. I object to this copy, not being authenticated. Furthermore, 
that there is no evidence that this particular paper or the original of this 
pap'u- was ever circulated. 

.ludge Winn. Nor has any foundation been laid for the introduction of the 
paper and it is not the best evidence. 

Mr. IMaushall ^continuing). I next wish to state that along last ^Nlarch, 
when it became apparent that this contest would come up. or would likely 
come up, I took the affidavits of various natives who resided on the beach 
lit Douglas, and who voted. 

Judge Winn (interrupting). Mr. Rnstgard, an attorney at law and one of the 
attorneys of the contestant in this case, is present; ]Mr. Marshall is a lawj^er and 
is testifying and we demand that Mr. Rnstgard interrogate Mr. Marshall so that 
we can make the proper objections to Mr. Marshall’s testimony. We are 
objecting to Mr. Marshall’s stating who voted and who did not vote; it is 
not the best evidence; and we object to his making any statement what 
any affidavits he may have in his possession may contain and we insist that 
Mr. Rnstgard question the witness so that we may make any objections. 

Mr. Rustgard. M"ell, judge, if we see lit to take the testimony in this 
manner, you can make any objections you want to after the statements are 
made. 

IMr. Hellenthal. I wish to let the records show tlmt I object to any tes¬ 
timony of Mr. Marshall with reference to ;iny affidavit he may have taken at 
any time touching any matter in dispute here, for the reason that his conduct 
in that regard would be immaterial and the affidavits would be incompetent. 
It is incumlient upon him to bring the witnesses, it being the desire of the 
council for the contestee to cross-examine the witnesses. 

]Mr. Marshall. I will proceed with my statement that I talked v/ith these 
various native people living on the beach at Douglas, their names being John 
\Villis, Daniel Joseph, Gilbert Jackson, William Brady, Jimmy Fox, and Ed¬ 
ward Marshall. The original affidavits were transmitted to the Clerk of the 
House of Representatives, but I offer these copies and ask that they be marked 
as “Exhibit 2” to my deposition. I will state that--— 

Mr. Hellenthal (interruiiting). AVe ol)ject to the offer as made for the 
reason that the affidavits are immaterial, incompetent, hearsay, not the best 
evidence, and for the further reason that if the contestant desires to prove the 
facts stated in the affidavits, it is incumbent upon him to produce the witnesses in 
order that they may be cross-examined. 

Mr. Marshall. I will further state that these natives are all fishermen and 
have been engaged in fishing for a number of weeks past. In fact, from prior 
to the time that the resolution passed Congress authorizing this contest, and 
that they have been and so far as I knoAv still are scattered at various fishing 
camps in southeastern Alaska, and that so far as I know it is not possible and it 
is certainly not practicable to get them here and take their deiiositions within 
the time allotted to the contestant to take his testimony. I further wish to 
state that in the latter part of March and during part of April I also took 
affidavits of certain natives residing in the native village known as Auk 
ATllage, in Juneau. The names of these natives are: Willie Peters, Charley 
Gray, George Martin, Billy Martin, and Charley Peters. That these natives 
likewise are not in Juneau and that so far as I am informed they are scat¬ 
tered throughout southeastern Alaska fishing and that it is impossible in all 
jirobability and certainly impracticable to take their testimony. I therefore 
offer copies of their affidavits and ask that it be marked “ Exhibit 3 ” to 
my deposition. 

Air. Hellenthal (interrupting). I object to the offer made on the ground 
lliat the copies are not the best evidence, no foundation made for the In¬ 
troduction of secondars^ evidence, that they are irrelevant, incompetent, hear- 
.vay, statements not binding upon the contestee, and that if the contestant de- 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 187 


sires to prove the matters referred to in tlie affidavits it is ineninbent uixm 
him to produce the witnesses in order that they may he snbiected to cross- 
examination. 

iMr. INlARSTTArx (continiiin.c:). T will add to my statement in respect to these 
.Tnnean Indians that those affidavits were also transmitted to the Clerk of 
the House of Representatives, the orisrinals. I also wish to state that it has 
been onr intention and effort has been made to procure the attendance here 
of Mr. Cl R. I'''er 2 :iison, who has been a I’esident of Crai.s:, Alaska, for 2(> years. 
M bile I was recently at Ketchikan with ,Tnds:e AVickersham, we wire<I to 
him and tried to ,c:et his attendance there, the schedule of the mail boat was 
such that he conld not reach there before we were to leave. AAdien I was in 
AA’^rnngell. on the 25th of Anijnst, I wrote and tried to j;et Air. Ferj?nson np 
here. I do not know what has i)revented his comin,s>:. AAdien I was in Crai^, 
on the ISth of .Time, investijjatinj? this matter, I took his affidavit, the orijrinal 
of which was transmitted to the Clerk of the House of Rei)resentatives, and I 
now offer a copy of that original as “Exhibit 4”’ to my affidavit. 

Mr. Hellkntiiat, (interrupting?). I ob.iect to the offer made (>n the f?rounds 
that it is irrelevant, incompetent, immaterial, it is not the best evidence, no 
foundation lias been laid for the introduction of secondary evidence, it is hear¬ 
say and statements not bindiii" upon the contestee, and if the contestant de- 
sir(‘s the restimony, it is incumbent uiM)n him to i)roduce the witness that 
he may be cross-examined, the contestee’s council being desirous of cross- 
examining the witness. 

Air. AIarsiiali. (continuing). I wish further to state than on the 17th day 
of .Tune of this year I was en route from Klawock t(^ Craig, Alaska, in com¬ 
pany, among other ])eo])le, with Air. C. S. Hibbs, who is the teacher of the 
native school at Klawock. or was, but who has since been appointed i)ost- 
master at Craig, and who as a teacher exercised a great deal of intluence 
over the native Indians under his su]>ervisiou, residing at Klawock. There 
are also refei*ences to Air. Hibbs an'd his political activities contained in the 
record of the contest over the election of*R)lB between .Tudge AAdckersham and 
Mr. Sulzer. I engaged Air. Hibbs in conversation- 

Air. Hellentiial. AA'e object to this line of testimony as being immaterial 
and irrelevant and as relating to a c<mversatioii by which contestee is in no 
wise bound. 

Mr. AIarsitall (continuing). And I told Air. Hibbs that I was anxious to 
get information concerning the election in order that certain questions in¬ 
volved. particularly touching the native vote, might be submitted to Congress 
with information sufficient for Congress to act upon it when it had reached 
a conclusion. I asked Air. Hibbs if he was not willing to expedite the final 
determination of this issue by telling me if he knew for whom the Indians 
voted and making an affidavit to that effect, and he refused to do it. He did, 
however, in response to some statement of mine, reply to me, “Of course, 
they [refei’ring to the Klawock Indians] votefl for Snlzer after the way AA'ick- 
ersliam ti’eated them and misreju-esented them in the contest proceedings be¬ 
tween Sulzer and AA'ickersham over 1010 election.” I was not able, however, 
as stated, to get any written evidence of that fact from Air. Hibbs. 

I want to state one thing further, that is, that within my personal knowledge 
there is a native school provided foi- the Indians living on the beach at Douglas, 
conducted by some branch of the Federal (Tovernment. the Bureau of Edu¬ 
cation, I believe, and that the city of Douglas provides a separate and distinct 
school for the white children. I also want placed in the record a statement 
with regal’d to the canvassing of the election returns of the general election 
held on November 5, lt)18, to the effect that thei’e were- 

Air. Heltxnthal (interrupting). AA> object to any testimony as to what 
occurred before the election board on the ground that the proceedings were 
all taken down, and a record of those proceedings is the best evidence of what 
occurred. 

Air. AIarshall. I will continue right along. In the beginning of the canvass 
certain ballots appeared whereon the voters had indicated their choice by mark¬ 
ing a cross to the right of the names of the men for whom they desired to vote, 
and certain others where apparently they had indicated their choice by striking 
out the names of all except those for whom they desired to vote. In any event, 
the canvassing lioard considered that the purpose of the voters under the 
two circumstances stated was clearly manifested, and they i)roceeded wherever 
ballots of that character had been rejected by the judges of election, to count 




188 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


those ballots for the candidates for whom tliey had been cast. Tliis method 
w>is i)iirsiied until possibly a little more than half of the returns had l>een 
canvassed, when it was ai)i)arent from records that had been ke])t that .Tud??e 
Wickersham had seined by this procedure, I think he having’ made a net jjain 
of 9 votes. It was apparent that the election would he very close and the. 
Bristol Bay precincts had not yet been iweived, and the canvassin,s>: hoard raised 
the question as to the proi)riety of their countiiif; ballots such as I have de¬ 
scribed, and deteianined to call ui)on George B. Grigsby, then the attorney jjen- 
eral, for his opinion as to their rijiht to count such ballots. The adjournment 
was taken for that purpose, and Mr. Grigsby in due course rendered an opinion, 
advising the board that they should not count such ballots, and the board 
thereupon . determined to begin the canvassing anew, make out new ballot 
sheets and ignore the work already done, and this was done and through the 
remainder of the canvassing it appeared very clearly to my mind that Judge 
Wickersham would make further net gains if the ballots such as I have been 
discussing were all counted- 

IMr. Heulenthal (interrupting). I move to strike out this voluntary state¬ 
ment of the witness as to what his opinion was uj)oii matters not in the record. 

Mr. Marshall (continuing). The attorney general, ]Mr. Grigsby, had given to 
the canvassing board during tbe progress of the election in 1910 an exactly con¬ 
trary opinion- 

IMr. Hellenthal (interrui)ting). I object to any testimony with reference to 
the opinion of the attorney general given at any time on the ground that it 
is not the best evidence, and on the further ground that it is immaterial as to 
what his oi)inion on the previous occasion might have been. 

Mr. Marshall (continuing). And had advised the board to count ballots 
which had been voted by placing a cross on the right-hand side. I believe 
that is all. 

IMr. Bustgard. And also had he given his opinion that it was the duty of 
the canvassing board to recount the ballots and establish the returns, irre¬ 
spective of what was done hy the judges of election? 

Mr. Marshall. Yes, sir. 

IMr. IUjstgari). And after ai»proximately two-thirds of the returns of the 
election of November 5, 1918, had been counted, pursuant to that opinion, as 
given, he tiled with the board a new opinion, stating in substance and effect 
that they should accept the certificate of the results as issued by the judges 
of election- 

IMr. Hellenthal (interrupting). Object to that as immaterial and incom¬ 
petent. 

Mr. Marshall. Yes, sir; that is true. 

Mr. Bustgard. And it was pursuant to that last opinion that the canvassing 
board disregarded the original tally sheet and started over anew. 

IMr. IMarshall. It was. 

Mr. Bustgard. Is there any cross-examination? 

Mr. Hellenthal. None. 

John B. IMarshall. 

Subscribed and sworn to before me this 3d day of September, 1919. 

[seal.] G. G. Winn, 

Notarjf Piihlic for AUi.ska. 

My commission expires July 22, 1921. 

United States of America, 

Territo7'y of Alaska, ss: 

The undersigned, G. 0. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 5th day of September, 1919, the foregoing wit¬ 
ness, J. B. IMarshall, having been first duly sworn to testify the truth, the whole 
truth, and nothing but the truth, in Ids deposition and cro.ss examination, did 
testify as set forth in the foregoing deposition, that said testimony was taken 
down stenographically in Ins presence and thereafter transcril)ed in typewritten 
form under his direction, and that after the same was read by said witness 
he swore to the same and signetl Ins name thereto. 

In witness whereof I have hereunto set my hand and oflicial seal, this 5th 
day of September, 1919. 

[seal.] G. C. Winn, 

Notai'y Pnblic for Alaska. 

My commission expires July 22, 1921. 





WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 189 


United States of America, 

District of Alaska, Precinct of Doufflas, ss: 

T, the undersigned, being tirst duly sworn, do on outii depose and say: 

I am an Indian, born within tlie territorial limits of the United States; 1 
have voluntarily taken np within said limits my residence, separate and apart 
friTii any ti’ihe of Indians therein, and I have adopted the habits of civilized 
life; and I am a citizen of the United States, ami entitled to all the rights, 
privileges, and immnnities of snch citizens; and I claim the right to* vote at the 
election holden in the Territory of Alaska on November 5, 1918, for the election 
of a Delegate from said Alaska to the Congress of the United States, and other 
officers. I claim my citizenship rights under the provisions of the act of Con¬ 
gress of the United States, approved February 8, 1887, and claim the right to 
swear my vote in if challenged, as per section 401 of Compiled liaws of Alaska, 
at page 200 , and ask the judges of election to read said section. 

(Sig.) - 

Subscribed and sworn to before me, this 5th day of November, 1918. 

To the iu(hjes of election: 

I have been asked for an opinion as to the right of the Indians to vote. I 
will state that Indians who have severed their tribal relations, and live separate 
and apart from any tribe of Indians, and have adopted the habits of civilized 
life, are citizens of the United States and are entitled to vote the same as white 
citizens. This under the act of Congress approved February 8, 1887, section 
6 thereof. 

The Territorial act of 1915 is merely one form of prima facie evidence of the 
Indian’s right to vote, and Ls not exclusive of other forms of proof. It is my 
opinion that any Indian who makes the above affidavit is prima facie entitled 
to vote. 

(Signed) .Tames A. Smiser, 

United States Attorney. 

.Juneau, Xoreniher .7, 1918. 

f 

AFFIDAVIT OF JOHN WILLIS. 


I’NiTED States of America, 

Territory of Alaska, ss: 

.Tohn ^^'illis, being first duly SM'orn, deposes and says: I am a native resi¬ 
dent of the Territory of Alaska and live in the town of Douglas. On the 5th 
of November, 1918, ’at about 5 o’clock p. m., I was at the liouse of Gilbert 
.Tackson, who had just come from the Alaska .luneau mine, on the opposite side 
of Gastineau (’hannel, where he had been at work all day. While I was in 
said house, in company with Gilbert .Jackson and John Harris, Frank Desmond, 
a half-breed, came into the house, and he gave each of us a [)aper and told us 
that we were already citizens and had a right to vote; he said the paper came 
from the courthouse in Juneau, and we could sign it and vote. He also gave 
each of us a ballot or ticket that had the names of a lot of men on it, among 
which names were Wickersham and Sulzer; that on this ticket there was a 
cross in front of the names of Sulzer and some of the other names. When 
(Jilbert Jackson asked Frank Desmond who we should vote fm*, he said vote for 
Sulzer, or vote for other people, whoever you like. Gilbert went over to Tom 
Hume’s store and asked J’om Hume who we should vote for, and he said vote 
for all the names that have the cross in front of, them, and we went up and 
voted and marked a cross in front of all the names that had a cross in front of 
them on this ticket or ballot. I don’t know what was written on the paper I 

signed. John Willis. 

Subscribed and sworn to before me this 4th day of ^Nlarch, 1919. 

1 John P>. Marshall, 

“ '■ Notary Public for Alaska. 


IMy commission expires October 14, 1921. 



190 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY 


AFFIDAVIT OF DANIEL JOSEPH. 

United States of A^nieimca, 

Tcniionj of Alanka, 

DMiiiel Josei)li, being lirst duly sworn, deposes und says: I am a native resi¬ 
dent of soiitlieastern Alaska, residing at tlie town of Douglas. 1 had never 
until Noveuiber 5, .11)18, voted at any eleidioii in the Territory of Alaska or in 
said town of Douglas; that during the fall of 11)18, before the election, I re¬ 
ceived a lettei' from Mr. Charles A. Sulzer, in which he told me that he had 
done a great deal for the native people in .‘southeastern Alaska, and promised 
that he would do many more things for them. 

Sometime in the afternoon of November 5, 1918, I was cutting wood in front 
of my house when George .lolinson, the deputy United States marshal at 
Douglas, came to me and .^aid to me, “1 think you can ha'.e a vote; all of 
the native people are going to have a vote in Douglas,” and he asked me to go 
with him to see some of the natives. I went vrith him to the house of .Jimmy 
Fox, and he showed Jimmy P'ox one of the tickets or ballots, and he said to 
him you can vote for anyone you like, and Jimmy Fox said, “ I had a letter 

from Sulzer,” and he found the letter and showed it to George John.son. He 

also gave me a paper to sign, and wlu'ii 1 voted 1 signed it and left it with 

the election otlicei's. 1 don't know what was on this paper. He said the 

paper came from the court and that it showed that 1 could go and vote. I 
also talked with Seward Kunz, and talked with him about who 1 should vote 
for, and he said he thought Sulzer was a good man to vote for. 

' Daniel Joseph. 

Subscribed and sworn to before me this 4th day of ]March, 1919. 

[seal.] John B. INIakshall, 

Notary rublia for Alaska. 

My commission expires October 14, 1921. 

affidavit of gilbert JACKSON. 

United States of America, 

Territory of Alaska, ss: 

Gilbert Jackson, being first duly sworn, deposes and says: I am a native resi¬ 
dent of Alaska, of the age of 40 years, and am a tisherman and laborer. On 
the 5th day of November, 1918, while 1 was employed by the Alaska Juneau 
Gold Mining Co., at Juneau, Alaska, I quit my work on said day and took the 
ferryboat for Douglas, across the channel, where 1 live. After landing at the 
ferry float, I passed up the approach to the ferry, and when 1 came to iMartin’s 
store, Frank Bach, former deputy United States marshal and now the head 
guard at the Federal jail at Juneau, handed me what I learned was a form of 
party ballot for the election and asked me if 1 was not going to vote. I went 
on to my house, and there I found John Harris and John ^\ illis, also natives. 
A'ery soon Frank Desmond, a half-breed, came into the room aiul handed each 
of us a typewritten paper and told us that it had been sent over from the 
United States attorney’s oflice and that it showed that we had a right to vote. 
It was either one or the other of these men—.John Harris or John Willis—who 
asked Frank Desmond who tiiey should vote for, and he said “ Vote for Sulzer,” 
and they went on up to the place where the election was being held to vote. 
Before I went there I went into Young’s store and talked with him about it, 
and he said the same thing, so I went up to the voting place and signed the 
paper Frank Desmond had given me, and I was given a ticket ami went into 
the booth and marked a cross in front of all the names that had crosses in 
front of them on the ticket that Frank Bach had given me. 

Gilbert Jackson. 

Subscribed and sworn to before me this 8d March, 1919. 

[SEAL.] John B. [Marshall, 

Notary lAiblic for Alaska. 

My commission expires October 14, 1921. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 191 


AFFIDAVIT OF WTLLTAil BRADY. 

United States of America, 

Tcrriionj of Ald.sku, 

W illiain I>riidy, bcini? lirst duly sworn, disposes and says: I am a native T(*si- 
dent of Alaska, ()f the a^^e of 21 years, residini>' in the town of Donjilas, Alaska, 
I never voted in an election in Alaska until Noveniher 5, 191S, and on that 
day (jeor.^e .lohnson, the deputy United States marshal at I)ouglas came to me 
at ahout 3 o’clock in the aftmaioon, and he gave me a paper and said that all 
of the natives laid to vote this time, and that if I saw any other natives to send 
them to him, and I read the paper. Ahout two hours later Frank Desmond 
came to me and he handed me one of the tickets witii the list of names of the 
candidates on it. lie did not say who I should vote for, hut I had heard a good 
deal of talk ahout Sulzer’s lish hill, and I decided I ought to vote for l\’icker- 
sham ; then I took this ticket along with me and went to where the election 
was held, and they gave me another ticket there, and I took it into the place 
and I marked it just like the one Frank Desmond gave me; that is, I put a 
cross in front of the same names. 

AVilliam Urady. 

Suhscrihed and sworn to before me this 4th day of Alarch, 1910. 

[seal.] .Toiin B. ^Iakshai-l, 

Notary Pahlic for Alanka 

Aly commission expires OctoJier 14, 1921. 


AFFIDAVIT OF JIMMY FOX. 


United States of America, 

Territory of Alaska, ss: 

.Timmy Fox, being first duly sworn, deposes and says: I am a native i-esi- 
dent of the Territory of Alaska. I never voted at an election in said Teri'i- 
tory until November 5, 1918. On that date Frank Desmond came to me and 
gave me a piece of paper, and he said it was sent by the high judge to the 
native people in Douglas, and that it gave the native people the right to vote. 
I also saw George Johnson, the deputy United States marshal at Douglas, 
and he gave me a paper with a lot of names on it; some of these names had 
crosses in front of them. I went up to the voting place and signed the big 
Iiaper from the high judge, and they gave me another paper like the one 
Johnson gave me, except it had some names on it without any ci-osses, and I 
took this paper in the place where they voted, and I put crosses in front of the 
names that had crosses in front of them on the paper that Johnson gave me. 

Danii'l Josei>li and Edward Marshall and Frank Desmond were together 
when they came down to my itlace, and all of them, and also Henry Stephens, 
were talking ahout voting for Sulzer. But I voted for AVickershain. I heaial 
he was the best man, 

Jim.MY Fox. 

Suhscrihed and sworn to before me this 4th day of March, 1918. 

[seal.] .Toiin B. Marshall, 

Notary PuhUc for Alaska. 

My commission expires October 14, 1921. 

AFFIDAVIT OF EDWARD MARSHALL. 

United States of America, 

Territory of Alaska, ss: 

hldward Marshall, being lirst duly sworn, deposes and says: I <nm a native 
resident of the Territory of Alaska, and at the time of the last general elec¬ 
tion on November 5, 1918, I lived at Douglas, Alaska. On the day before the 
election I came over to Juneau and met Seward Ivunz. He gave me a lot of 
tickets, or ballots, on which were printed the names of men who were running 
for office, and in front of some of the names there were crosses. He asked 
me to vote for IMr. Sulzer for Delegate to Congress, and told me not to vote tor 
Mr. Wickershain, that he was no good. He also asked me to give these tickets 
out to the native people at Douglas, hut I did not do that. 


192 WrCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Oil the next day I saw Mr. Kea.ijan, the United States attorney at .Tnnean. 
He came over to Donj^las and went into .Tndse Henson’s ollice. He was carrying; 
a larse envelope, and later on Frank Desmond came to me, and he had that 
lar^>:e envelope or one just like it, and he took out of it a paper and jrave it 
to me, which, he said, showed that I had a right to vote. Late in the afternoon 
I went to the voting place in the Natatorinm Building, and there I voted, and 
I marked my ballot with crosses in front of the names, just as they were on 
the tickets tliat Seward Kunz gave me. 

Ph-ank Desmond gave out a good many of those papers to other native people 
in Douglas. I can read, and I read the paper over. When I made the cross 
in front of Sulzer’s name I knew I was voting for Sulzer, 

PIdwari) Marshall. 

Suhscrihed and sworn to hefoi*e me this 4th :\Iarch, 1919. 

[seal.] .John R. Marshall, 

Notary ]*ubUc for Alaska. 

INIy commission expires October 14. 1921. 

AFFIDAVIT OF WILLIE PETERS. 

United States of America, 

Territory of Ahtska, ss: 

Willie Peters, being first duly sworn, deposes and says that on the day be¬ 
fore election, to wit, November 4, 1918, Seward Kunz, who is also a native 
Alaskan, came to the house of .Timmie Hanson, who is my stepfather, and 
there he talked to me and my said stejifather about the election to he held on 
the next day; he told us that Charles A. Sulzer was a friend of the native 
people and that he had done many things for them and would do many more 
if he was elected ,and he asked us to go to the polls on the following day 
and vote for the said Charles A. Sulzer. The said Seward Kunz gave me a 
sample ballot and a form of affidavit which had a certificate at the liottom 
signed by .Tames A. Smiser, United States district attorney. Seward Kunz 
told my brother, Frank Peters, in my presence that the affidavit above men¬ 
tioned gave us the right to vote. I went into the polling place and was given 
a ballot by the election judges, just like the one Seward Kunz gave me, except 
that in front of some of the names there were crosses, while in fi*ont of others 
there were not. I put crosses in front of the names on the ballot the judges 
gave me just as they were on the ballot Seward gave me, and T then brought 
my ballot ou-t and the judges put it in the box, and one of them thanked me 
for voting. 

(Signed) Willie Peters. 

Suhscrihed and sworn to before me this 22d March, 1919. 

[seal.] (Signed) .John B. Marshall, 

Notary Public for Alaska. 

My commission expires October 14, 1921. 

AFFIDAVIT OF CHARLIE GRAY. 


Territory of Ai.xVska, 

Juneau Precinct, ss: 

Charlie Gray, being first duly sworn, deposes and says: I am a native resi¬ 
dent of the Territory of Alaska; prior to tlie general election held in said Ter¬ 
ritory on the oth day of November, 1918, I had never voted at any election held 
in said Territory, and prior to said election I was approached by one Seward 
Kunz, also a native Alaskan, who asked me to vote and to cast my ballot for 
Charles A. Sulzer for the office of Delegate to Congress from Alaska; the said 
Seward Kunz gave me a jiaper, pui'porting to come from the office of the United 
States attorney, and which he said gave me the right to vote; he also gave me 
what I am adviseil is a party worker’s ballot of the Democratic Ihirty, on \vhich 
the names of the Democratic candidates each have a cross in front of them, 
and asked me to procure my ballot fi*om the judges of election and to place 
crosses in front of the same names thereon. I followed the directions of the 
said Seward Kunz as above stated, and at said election cast my ballot for the 
said Charles A. Sulzer. 

That the said Kunz represented to me that the said Sulzer was a friend of 
the native people of Alaska, and that had done many things for them and 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 193 


would do many more in tlie future; and for this reason he asked me to vote 
for the said Sulzer. 

(Signed) Chas. Gray. 

Subscribed and sworn to before me this 21st day of April, 1919. 

[seal.] John B. IMarshall, 

Notary Puhlic for Alaska, 

My commission expires October 14. 1921. 

affidavit of GEORGE MARTIN, BILLY MARTIN, AND CHARLIE PETERS. 

« 

Territory of Alaska, 

Juneau Precinct, ss: 

George IMartin, Billy INIartin, and Charlie Peters, each being first duly sworn, 
severally depose and say: That prior to the 5th day of November, 1918, one 
Seward Kunz gave to each of them a ballot known as a party worker^s ballot 
of the Democratic Party, a copy of which ballot has been displayed to them by 
the notary taking this affidavit, on which in front of certain of the names 
thereon appeared crosses, including the name of Charles A. Sulzer; that the 
said Kunz also gave to each of affiants a statement or paper, which the said 
Kunz stated was sent by the United States attorney, and which each of the 
affiants could sign and have the right to vote; that the said Kunz further 
stated that Charles A. Sulzer was a friend of the native people, and had done 
many things for them, and asked each of affiants to vote for the said Charles 
A. Sulzer; that in compliance with the request of the said Seward Kunz, each 
of the affiants went to the polling place known as Juneau No. 1 and were there 
given ballots, and that they marked the said ballots in accordance with the 
sample ballot above referred to and cast the same for the said Charles A. 
Sulzer as aforesaid; that none of us had ever voted at any election previously 
held. 

(Signed) George INIartin. 

(Signed) Billy INIartin. 

(Signed) Charlie Peters. 

Subscribed and sworn to before me this 21st day of April, 1919. 

[seal.] (Signed) John B. Marshall, 

Notary Public for Alaska. 

My commission expires October 14, 1921. 

affidavit of C. B. FERGUSON. 

United States of America, 

Territory of Alaska, ss: 

C. B. Ferguson, being first duly sworn, deposes and says: That I am and for 
many years past have been a resident of the village of Craig, Alaska, in the Craig 
voting precinct, first judicial division; that I am acquainted with all of the na¬ 
tive Indians living on the Klawock Indian Reservation and with many of the 
Indians living on the Haida Indian Reservation ; that the town of Klawock is 
situated on the Klawock Indian Reservation, about 6 miles from the town of 
Craig, in the Craig voting precinct; that at the general election held in the 
Territory of Alaska on November 5, 1918, as appears from the register of 
voters, the following persons cast their ballots, among others, to wit: Geiirge 
Demmert, William Stewart, R. J. Peratovich, J. K. Williams, Thaddeus Isaacs, 
L. I*. IN'ilson, Jack J. Peratovich, Tecumpsa Collins, Charles W. Demmert, Sam 
Gunyah, Sam Davis, Lee Anniesket, Maxfield Datlin, Johnnie W. Anniesket, 
(hyde Fields, Arthur James, John Wilson, Ph-ank Williams, R. D. Collins, and 
l‘eter Anniesket, which ballots were cast Jit the town of Craig, in the Craig 
voting precinct, and that each and every one of said persons is a resident of 
the said town of Klawock, on the said Klawock Indian Reservation, and none 
of said persons have taken up their residence separate and ajiart from the 
native residents of Alaska, living in said native town of Klawock. 

That there also voted at the said town of Craig, in the Craig voting precinct, 
the following persons, to wit: Willie Skulka, John Skulka, Albert Natkong, 
lOdwin Scott, and Frank Paul, all of whom are native Indian residents of 


151279—20-13 



194 WICKERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 


Alaska, residing on the Haida Indian Reservation, at the town of Hydaburg, 
whicli is in the Siilzer voting precinct, and that none of said last-named per¬ 
sons have taken up their residence separate and apart from the other native 
Indians in said town of Hydahurg. 

Tliat Cliarlie Brown also voted at the town of Craig, in the Craig voting pre¬ 
cinct, and affiant is informed and verily believes that the said Charlie Brown 
is a native Indian resident of the village of Karheen, in the Territory of 
Alaska, situated in the Tokeen voting precinct, and that the said Charlie 
Brown has not taken up his residence separate and apart from other native 
Indian residents. 

That ailiant knows that C. E. Hibbs, the principal of the Government School 
for Natives at Klawock, and one Bromley, the missionary ^of the Presbyterian 
Church at Klawock, were supporters of Charles A. Sulzer at the general elec¬ 
tions held in 1910 and 1918; and affiant is informed and believes, from facts 
and circumstances within his knowledge and from his knowledge of the char¬ 
acter and disposition of the natives of southeastern Alaska, resulting from a 
residence of 26 years in or near the village of Craig, Alaska, that said natives 
are likely to be greatly influenced in their views, especially with reference to 
the customs and government of white men, by those in authority over them, 
and affiant believes that the said Hibbs and the said Bromley were efficient and 
successful workers in their respective callings and were able to exercise influ¬ 
ence over said natives. 

I have personal knowle<lge of the political beliefs and sympathies of many 
of the white voters of the said Craig voting precinct who voted on the 5th day 
of November, 1918, and from my knowledge of the number of such persons who 
more or less openly advocated the candidacy of Judge Wickersham, I am con¬ 
vinced that practically all of the natives resident on the Klawock and Haida 
Indian Reservations must have cast their ballots for the said Charles A. 
Sulzer, as he could not otherwise have received the number of votes that he did 
at said election. 

I also talked with a number of the Indians resident at Klawock for the 
purpose of learning their political sympathies, and from my conversations with 
them I found them without exception adherents of the said Charles A. Sulzer 
and hostile to the said James Wickersham. 

C. B. Ferguson. 

Subscribed and sworn to before me this 18th June, 1919. 

[seal.] .Iohn B. Marshall, 

Notary Public for Alaska. 

My commission expires October 14, 1921. 


To the above-naniGd contestee and his attorneys J. A. Hellcnthal ami John li. 

^yinn: 

Take notice that before Grover C. Winn, a notary public, at his office in 
Juneau, Alaska, on Saturday, the 30th day of August, 1919, at 4 o’clock p. ui. 
of that day, the contestant, James Wickersham, will take the depositions of 
H. .1. Raymond, J. A. Snow, both residents of Juneau, Alaska, and of J. R. 
McNeill, whose actual residence is unknown but who e present place of abode is 
Juneau, Alaska, as witnesses for contestant in the above-entitled proceeding. 
Dated August 25th, 1919. 

James Wickersham, Contestant. 
]?y John Rustgard, 

Attorney for Contestant. 


Copy of the above notice received at Juneau, 
Aiigiut, 1919. 


Alaska, this 25th day of 
J. A. Hellenthal. 


Before G. C. Winn, Esq., notary public, at his office in the Valentine Build¬ 
ing, Juneau, Alaska. 

Present: G. C. Winn, Esq., John Rustgard on behalf of contestant, and J. A. 
Hellenthal and John R. Winn, on behalf of contestee. 

Notice having been duly given and process served on Joseph A. Snow, for 
the taking of his deposition on behalf of conte taut before the above-named 
oflicer on Saturday, August 30, at 4 o’clock p. m., the following i)ro('eedings 
were had, to wit: 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 195 


DEPOSITION OF JOSEPH A. SNOW. 

JOSEPH A. SNOW, being first (Inly sworn, testified as follows: 

Direct examination by Mr. Rustgard : 

Q. What is you name?—A. Joseph A. Snow. 

Q. You are a resident of Juneau, Alaska?—A. Yes, sir. 

Q. How long have you been a resident of Juneau?—A. Well, I have been a 
continuous resident since 1901; lived here previous to that, but continuous since 
1901. 

Q. You are a resident of this city at the present time?—A, Yes. 

Q. Now, where were you on the 5th day of last November?—A. I was a 
passenger on tlie steamer Catherine D, en route from Ketchikan to Juneau. 

Q. Did you vote at the voting precinct at Kake?—A. I did, sir. 

Q. Whom did you vote for?—A. Oluirles A. Sulzer. 

Q. At that time you were a resident of Juneau?—A. Yes, sir. 

Mr. Rustgard. That is all. 

Cross-examination by Mr. Hellenthal : 

Q. You cast your vote, Mr. Snow, at Kake?—A. Yes, sir. 

Q. Under tlie Teri-itorial law which permitted you to vote anywhere in the 
first division?—A. Yes, sir. 

Q. You had been a resident of Juneau for many years?—A. Yes, sir. 

(}. Kake is in this division?—A. Yes, sir. 

Q. Same division as Juneau?—A. Yes, sir. 

Q. You understood you had a right to cast your vote at that point under 
the i)rovisions of the Territorial law that provides that a resident of the fir.'t 
division could vote anywhere in that division?—A. Yes, sir. I could not reach 
Juneau in time to vote here on election day, and I took advantage of that pro¬ 
vision in that act by the legislature. 

Mr. Hellenthal. That is all. 

Mr. Hellenthal waived signing of the deposition by Mr. Snow. 

United States of America, 

Territonj of Alaska, ss: 

The undersigned, C. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 30th day of August, 1919, the foregoing witness, 
Joseph A. Snow, having been first duly sworn to testify the truth, the whole 
truth and nothing but the truth, in his direct and cross-examinations, did 
testify as set forth in the foregoing deposition, that said testimony was taken 
down stenographically in his presence and thereafter transcribed in typewritten 
form under his direction, and that after taking of said deposition, IMr. Hel¬ 
lenthal, appearing in behalf of contestee, waived signing of the deposition by 
Mr. Snow. 

In witness whereof, I have hereunto set my hand and official seal this 3d 
of September, 1919. 

[seal.] G. C. Winn, 

Notary Public for Alaska. 

My commission exiures July 22, 1921. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Build¬ 
ing, Juneau, Alaska. 

Present: G. C. Winn, Esq.; John Rustgard on behalf of contestant; and J. A. 
Hellenthal, and John R. Winn, on behalf of contestee. 

Notice having lieen duly given and process served on J. R. McNeil for the 
taking of his deposition on behalf of contestant before the above-named officer 
on Safurday, August 30, at 4 o’clock p. m., the following proceedings were had, 
to wit: 

deposition of j. r. m’neil. 

,1. It. McNEIL, being first duly sworn, testified as follows: 

Direct examination by Mr. Rustgard: 

Q. State your full name, Mr. McNeil.—A. J. R. McNeil. 

(}. Are you a resident of Juneau, Alaska?—A. Yes, sir. I have been here 
about seven years. 

Q. How long have you been a resident of tins city?—A. Well, I have been 
away for about eight months. Up to the time of this election I had been here 
about seven years. 


196 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You went away from Juneau last fall?—A. I went away. I left about the 
23(1 or 24th of Novemher. 

Q. How long had you been in Juneau at the time you left this city last 
Novemher?—A. I was here since 1913. 

Q. You had been a resident of Juneau since 1913 up to about the 23d or 24th 
of last November?—A. Yes, sir. 

(}. You were a resident of Juneau on the 5th of last Novemher?—A. I was in 
Warm Springs Bay the 5th of last Novemher. 

Q. How long were you there?—A. I got there al)Out the 13th of October. 

Q. What time did you leave Juneau on that trip?—A. Left about the lUth of 
October. 

Q. 1918?—A. 1918; yes, sir. 

Q. You did not consider Warm Springs Bay your place of residence or your 
home, did you?—A. Well, I don’t know as I would. 

Q. You only went there just for a little outing?—A. I went there for my 
health. I have been in business here for four or five years and had no recrea¬ 
tion. Went up there to stay a month; in fact, I stayed a little longer than that, 
I think. 

Q. You voted at the general election at Warm Springs Bay, in Alaska, on the 
5th of last Novemher?—A. Yes, sir. I think it’s the 5th. Anyway, I voted 
on election day; I don’t remember if it was the 5th or not. 

Q. Whom did you vote for as Delegate to Congress?—A. I don’t know 
whether I am under oWigations to answer that question or not, .Judge. 

Q. I request you to answer it.—A. I know you request me to answer it, 
hut- 

.Judge Winn (interrupting). Go ahead and answer it, .Jack. 

A. I voted for IMr. Sulzer. 

Mr. Bustgakd. That is all. 


Cro'ss-examination by Mr. Hellenthal: 

Q. You voted on that Territorial law that permitted you to vote anywhere 
in your division?—A. AVe looked over the law—we had the Territorial law 
passed by the Territorial legislature—looked it over very thoroughly before 
we voted. We figured, according to this Territorial law, that we were entitled 
to a vote, and we voted under that Territorial election law. 

Q. You have been a resident of the first division for several years?—A. Seven 
years. A"ery near 7 years. Been in Alaska 17 years and have voted all over the 
Territory. 


Redirect examination by Mr. Rustgakd: 

Q. Were you together with H. J. Raymond and Selmar Jacobson on that 
trip?—A. AVent up on the same boat. 

Q. The same boat—the Constanoef —A. Y^'es, sir. 

Q. That was yourself, Harry Raymond, and Mrs. Harry Raymond, Selmar 
Jacobson, and Mrs. Selmar .Jacobson?—A. Yes, sir, 

Q. And you were all good Democrats?—A. I told vou how I voted. 1 don’t 
know how they voted. 

Q. You found nobody on that boat tlmt hnd a good word for Air. AAlcker- 
sham, did you? A. I have probably known Air. AAickersham longer than you 
have. T have never seen Air. AAJckersham do any hnrm and have nothing to 
say against him. I met him on the trail, traveled with him, come out from 
Fairbanks with him. He’s as nice a man as I ever met. 

Air. Rustgard. That is all. 


Subscribed and sworn to before me this 4th 

[ SEAL. ] 

Aly commission expires July 22, 1921. 


.J. R. AIcNeil. 
day of September, 1919. 

G. C. AA^inn, 

Xotary Puhlic for Alaska, 


United States of America, 

Territory of Alaska, ss: 

The undersigned, G. C. AAJnn, a notary public for the Territorv of AD^k-i 
(lo(^s hereby certify that on the .30th day of August. 1919, the foregoing witn^s’ 
J. R. AIcNeil having been first (Inly sworn to testify the truth, the wliole truth’ 
and nothing hut the truth, in his direct ai-'O cross examinations, did testifv as 
.set forth in the foregoing deposition, that said testimony was taken down 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 197 


stenographically in his presence and thereafter transcribed in typewritten form 
under his direction, and that after the same was read by said witness he swore 
to the same and signed his' name thereto. 

In witness whereof I liave lierennto set my liand and official seal this 4th 
day of September, 1919. 

[seal.] G. C. Winn, 

Notary rublic for Alaska. 

My commission expires July 22, 1921. 

Before G. C. Winn, Esq., notary public, at his office in the Valentine Building, 
Juneau, Alaska. 

Present: G. C. Winn, Esq.; John Rustgard and J. B. Marshall, on behalf of 
contestant; and J. A. Hellenthal and John R. Winn, on behalf of contestee. 

Notice having been duly given and process served on Hari-y J. Raymond, for 
the taking of his deposition on behalf of contestant, before the above-named 
officer, on Friday, September 5, 1919, at 4 o’clock p. m., the following proceed¬ 
ings were had, to wit: 


DEPOSITION OF HARRY J. RAYMOND. 

HARRY J. RAYMOND, being first duly sworn, testified as follows: 

Direct examination by Mr. Rustgard : 

Q. State your full name.—A. Harry J. Raymond. 

Q. And your place of residence?—A. Juneau, Alaska. 

Q. How long have you lived here?—A. I’ve been in Alaska 23 or 24 years. 
In Juneau about 16 or 17 years. 

Q. You are acquainted with Mrs. Harry J. Raymond?—A. Yes. 

Q. That is your wife?—A. Yes. 

Q. She has lived with you for several years last past?—A. Twenty-four years, 
steady. 

Q. Both of you lived here in Juneau on the 5th of last November?—A. No. 
We were at Warm Springs on the 5th of last November. 

Q. Where was your place of residence?—A. Well, our residence was in 
Juneau. But we w'ere living on the boat on the 5th of November. 

Q. You and Mrs. Raymond and Mr. Selmar Jacobson and IMrs. Selmar 
Jacobson and Mr. J. R. McNeil, otherwise known as Bob McNeil, left Juneau 
for Warm Springs Bay on tbe 10th of October, 1918?—A. Yes. 

Q. On the boat Constance? —A. Yes; on the boat Constance. 

Q. And you lived on that boat on that trip?—A. Yes'. 

(}. And returned at what time?—A. ^Ve got back here about the 13th or 14th 
of November. But I had been living on the boat since May—May 10. 

Q. What business were you in?—A. We were following the business of in¬ 
specting fish traps and diving. 

Q. You were working with Mr. Jacobson?—A. Yes, sir. 

Q. Whose business’ was that of a diver?—A. Yes. 

Q. Mr. Jacobson’s home was also in Juneau?—A. Well, he has a house here, 
furnished, in Juneau, but he was living on the boat. 

Q. Where was his wife living?—A. His wife was living part of the time at 
Juneau and part of the time on the boat. She made two or three trips with us 
on the boat and was with us on this trip. When we got to Warm Springs Bay 
on the 13th of October they took a cabin on the hill, and my wife and I lived 
on the boat until the storm broke the boat down and we had to take a cabin. 

Q. How long did they live there?—A. In Warm Springs Bay? 

Q. Y^es.—A. From the 13th of October until, I think it was about the 
10th of November. 

Q. Then you went back to Juneau?—A. Went back to Juneau; yes. 

Q. You ail voted at Warm Springs Bay? 

Judge Winn (interrupting). I object to the question not being the best evi¬ 
dence except so far as it may concern Mr. Raymond and Mrs. Raymond. I told 
Mr. Marshall here that I would not compel them to have Mrs. Raymond come 
here to testify. But as to the remaining part of what might be the answer as 
to what Jacobson and his wife and McNeil did is not the best evidence. 

A. I know my wife and I voted. 

Q. On the 5th of last November?—A. Yes, sir. 

Q. That Warm Springs Bay is the precinct known as Baranof precinct?— 
A. Yes, sir. 


198 WICKERSHAM VS. SULZER, DECEASED, AND GRTGSBY. 


Q. Who did you vote for?—A. I voted for Charles Siilzer. 

Q. So far as you know, your wife voted also for Charles Sulzer?—A. Yes. 

Q. Do you know whetlier or not ]Mr. and INIrs. .Tacobson or either of them 
voted at Baranof precinct that day? 

.Tudjje Winn (interrupting?). I object to that as not the best evidence. The 
record of election, etc., which is required to be kept, is the best evidence as to 
who voted. 

A. They did not vote in my presence. 

Q. Were they in the voting precinct at the time you were there?—A. They 
were; yes, sir. 

Q. Did you ever speak to them as to whom they intended to vote for or whom 
they had voted for? 

Judge Winn (interrupting). Same objection. 

A. I told them who I was going to vote for, but didn’t ask him who he voted 
for. 

Q. Did they state to you who they voted for, either of them? 

Judge Winn (interrupting). Same objection. Not the best evidence, incom¬ 
petent, immaterial. 

A. No, they did not. 

Mr. Maksiiall. I think that is all. 

Cross-examination by Mr. Hellenthal : 

Q. How did you come to vote at Warm Springs Bay on the 5th of Novem¬ 
ber?—A. Because it was election day and I tbougbt I had a right to vote. I 
was so informed by the judges, it being in the first division. 

Q. Warm Springs Bay is in the same division that you have resided in for 
many years?—A. Yes, sir. There was a copy of the election laws on their desk, 
a little book or pamphlet. I read that over and in two different clauses I cer¬ 
tainly thought that I was right in voting there. One was that in case a man’s 
vocation takes him away from his precinct, or incorporated town in which he 
is registered, that he has a right to vote in any precinct in the division in 
which he lives. The other clause was in regard to seamen and sailors. The 
boat being in my name and having lived on the boat all summer and acting as 
captain of the boat and my wife being with me, I certainly thought I had a right 
to vote there. 

Q, How long have you and your wife been living on the boat?—A. Well, she 
has been with me on there since October 10. 

Q. How long have you been on the boat?—A. Since IVIay 10. I was longer in 
Warm Springs Bay than any other place in southeastern Alaska since May 10, 
by far. 

Judge Winn (interrupting). Of that year?—A. Of that year, 

Q. Did you have occasion to discuss this matter with others who had voted 
on that day?—A. What? The right to vote? 

Q. Yes.—A. I got that pamphlet and read it over and asked the election 
judges up there and showed them that clause and they said I had a right to vote 
under that clause, since that time when I came back I was sitting down at tbe 
Alaska Hotel and was studying about it. I was the first time you spoke to me 
about it, remember? (to Mr. Marshall). And I said something about it and 
one of the fellows said, “ That’s nothing, I killed your vote and three times 
over, because we voted in Skagway for Wickersham and was only there 24 
hours.” 

]\Ir. Marshall. I object to filling tbe records with Mr. Raymond’s ])ersonal 
opinions, etc., for which we are paying so much a hundred words, and accom¬ 
plishes no purpose. 

Q, How many voted at {Skagway for Wickersham who had only been there 24 
hours? 

Mr. Marshall (interrupting). I object to that unless you have personal 
knowledge of their voting. 

Mr. Rustgard. I object to it for the further reason that we are not taking- 
evidence in the case for the contestee at the present time, and this witness is- 
called for a special purpose and this is not cross-examination on anything he 
testified to in chief. 

Q. Answer the question.—A. Three, I was told. 

Q. That is to say, there were three in this particular party. There may have 
been many more.—A, There were three who had only been there 24 hours. 

Mr. Hellenthal. That is all. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 199 


Redirect examination by iMr. Rustgakd : 

Q. Yon stated that yon considered yon Inid a right to vote because yon had 
lived on the boat and the boat was in yonr name?—A. The boat was in my name 
and I had lived in the first division according to law, in the first division of 
Alaska. 

Q. The boat was in yonr name?—A. Yes, sir. 

Q. Was not it in yonr wife’s name?—A. ^^’'ell, according to the cnstomhonse 
papers, whoever is tlie captain of the boat- 

Q. The cnstomhonse records show that the boat was in Mrs. Raymond’s name 
and not in ycmr name.—A. Reg pardon. Yon misnnderstand that boat propo¬ 
sition. The ownership of the boat—the boat was owned between Mrs. Jacobson 
and Mrs. Raymond, but whenever the boat goes out on a trip, it don’t make any 
difference wlio the owner is, the captain's name is indorsed on the paper, and- 

(}. What did yon mean by saying that the boat was in yonr name?—A. Because 
the boat is in the captain’s name when lie takes it out. 

Q. Y'on mean to say yon were indorsed on the paper as tlie captain?—A. Yes; 
or operator of the l)oat. • 

Q. And Mrs. Raymond the owner?—A. ]Mrs. Raymond and ]Mrs. Jacobson the 
owners. 

By i\Ir. Marshall : 

Q. I want to ask one additional (inestion: Were yon not the president^ 
during the last campaign, of the Snlzer Clnl)?—A. ]Me? 

Q. Tlie Empire printed it that way. I just wanted to know.—A. IMe? I 
have never attended a meeting of a political organization or anything else. 
They may have gotten it that way in the paper, bnt yon never see me mixed 
lip in politics one way or the other. 

By Mr. Hellenthal : 

Q. Isn’t it a fact that yon are a Republican?—A. Yes, sir. 

Q. And have been for many years?—A. Yes, sir; all my life. 

H. J. Raymond. 

Subscribed and sworn to before me this 9th day of September, 1919. 

[seal] (4. C. Winn, 

Notary Public for Alaska. 

My commission expires July 22, 1921. 

United States of America, 

Territory of Alaska, ss: 

The undersigned, G. C. Winn, a notary public for the Territory of Alaska, 
does hereby certify that on the 5th day of September, 1919, the foregoing 
witness, Harry J. Raymond, having been first duly sworn to testify the 
truth, the whole truth, and nothing but the truth, in his direct and cross-ex¬ 
aminations, did testify as set forth in the foregoing deposition, that sfiid testi¬ 
mony was taken down stenographically in his presence and thereafter trans- 
scribed in t.vpewrifteii form under his direction, and that after the same was 
read by said witness he swore to the same and signed him name thereto. 

In witness whereof I have hereunto set my hand and official seal this 9th 
day of September, 1919. 

[seal] G. C. Winn, 

Notary Public for Alaska. 

My commission expires July 22, 1921. 

To the above named contestee and his attorneys, J. A. Hellenthal and John 

R. Winn: 

Take notice that before Grover C. Winn, a notary public, at the said notary’s 
office in .Juneau, Alaska, on Friday, the 29th day of August, 1919, at 5 o’clock 
p. m. of that day, the contestant Janies Wickershani will take the deposition of 
A. B. Cole, a resident of Juneau, Alaska, as witness for contestant. 

Dated this 22d day of August, 1919. 

James Wickersham, 

Contestant. 

By John Rfstgard, 

Attorney for Contestant. 

Copy of the above notice received at Juneau, Alaska, this 22d day of August^ 
1919. ‘ 


Jno. R. Winn. 



200 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Before G. C. Winn, Esq., notary i)Ul)lic, at bis olbce in the Valentine Building, 
.Tuneaii, Alaska. 

Present: G. C. Winn, Esq., .Tobn Rustgard on behalf of contestant, and .T. A. 
Hellentbal and .Tobn R. Winn on behalf of contestee. 

Notice having been duly given and process served on A. IT. Cole, for the 
taking of bis deposition on behalf of contestant, before the above named officer, 
on Saturday, August 30, at 4 o’clock p. m., the following proceedings were 
liad, to wit: 

DEPOSITION OF A. B. COLE. 

A. B. COLT], being first duly sworn, testified as follows: 

Direct examination by IMr. ItusTGAim: 

Q. State your full name, Mr. Cole.—A. B. Cole. 

Q. What is your occupation?—A. City clerk. 

(^. How long have you been in that position?—A. Something over two years. 

Q. Did you have charge of the registration of voters for the city election here 
in .Juneau last spring?—A. I did. 

Q. Under the ordinances each voter is required to register before the election 
is held?—A. Yes, sir. 

Q. And the election is held the first Tuesday in April?—A. It is. 

(i. Did you register as a voter IVIr. H. .1. Raymond last spring before the 
election? 

^Ir. Hellenthal (interrupting). I object to that as immaterial. 

,A. Yes, sir. 

Q. Do you relnember the date be registered? 

r^Ir. Hellenthal (interrupting). Immaterial. 

A. February 25. 

Q. Nineteen nineteen?—A. Nineteen nineteen. 

Q. Did ;Mrs. H. .1. Raymond register?—A. No. 

Q. Do you remember what Raymond gave as bis place of residence? 

Mr. Hellenthal (interrupting). I object to that as immaterial. 

A. Well, I never asked them the place of residence. I assumed that as long 
as they make au affidavit that their residence is the city of .Juneau that that 
is all I bad to pay any attention to. 

Q. Does your book show the place of residence?—A. Yes, sir. 

Q. You write that in at the time they register? You write that in when the 
prospective voter gives bis name to you?—A. I do that before then. 

Q. You fill in bis name and then you will fill in bis place of residence?—A. 
Yes, sir. 

(). Street number?—A. Providing be knows it and I know it. 

Q. And then lije signs the registration book?—A. Yes, sir. 

Q. And that registration book contains an affidavit that be is a resident of 
.Juneau.—A. He has already signed an affidavit to that effect. 

Q. And that be has resided in the city for at least six months prior thereto?—■ 
A. Yes. sir. 

Mr. Hellenthal (interrupting). J object to that. The affidavit would be 
the best evidence. 

Q. Is tbnt affidavit on file in your office?—A. Yes, sir. 

Q. Did Selmer Jacobson register as a voter prior to the last city election 
in .Juneou? 

Mr. Hellenthal (interrupting). We object to that as immaterial. The fact 
that a man was a resident of .Juneau in the spring of 1919 does not prove 
that be wns a resident of Juneau in the fall of 1918. 

A. He registered for the April, 1919, election. 

Q. Now, then, do you remember the date of bis registration?—A. March 24 
or 25. 

Q. Nineteen nineteen?—A. Nineteen nineteen. 

Q. Did he sign the required affidavit that be was then a resident of the city 
of Juneau and bad been such for six months prior thereto?—A. Yes, sir. 

Q. Is that affidavit on file in your office?—A. Yes, sir. 

Q. Did Mrs. Selmer Jacobson register as a voter for the last election?—A. 
Yes, sir. 

Mr. Hellenthal (interrupting). I object to that as immaterial. 

Q- Do you remember Ibe date that she registered? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 201 


Mr. Hellenthai. (interrupting). That's immaterial. 

^ A. I think it was the day after he did. I’m not quite certain. Sometime 
in March, 1919, the 24th or 25th or somewhere alonj; there. 

Q. Did she at that time sifiii the required affidavit? 

Mr. Hellenthal (interrnptinji’). We object to that as hein^ .l)oth immaterial 
and not tlie best evidence, tlie affidavit being the best evidence. 

A. Yes; she did. 

Q. Is that aflidavit on record in your office at the present time?—A. It is. 

Mr. Kustgakd. I woiUd like to ask the council if they are willing to accept 
in place of the original a certified copy of each of those affidavits. 

Mr. Hellenthal. I think so. We will, of course, object to them on the 
grounds of being immaterial, hut we have no object to tiie copy, providing it 
is a certified copy. 

Q. Mr. Cole, will you prepare and certify to a copy of each of these affi¬ 
davits —one of Ilaymond and one of Jacobson and one of ]Mrs. Jacobson, and 
attach them to your deposition? I will pay you for the certification.—A. Yes, sir. 

Mr. Rustgari). That is all. 

Mr. Hellenthal. I guess there’s nothing more. 


A. B. Cole. 

Subscribed and swoiti to before me tins 5th day of September, 1919. 


My commission expires July 22, 1921, 


C. C. Winn, 

Notary Public for Alaska. 


TInited States of America, Territory of Alaska, ss: 

The undersigned, C. C. AVinn, a notary pulilic for the Territory of Alaska, 
does hereliy certify that on the 80th day of August, 1919, the foregoing witness, 
A. B. Cole, having been first duly sworn to testify the truth, the whole truth, 
and nothing but the truth, in his direct and cross-examinations, did testify as 
set forth in the foregoing deposition, that said testimony was taken down steno- 
graphically in his presence and thereafter transcribed in typewritten form 
under his direction and that after the same was read by said witness he swore 
to the same and signed his name thereto. 

In witness whereof. I have hereunto set my hand and official seal this 5th 
day of September, 1919. 

[seal.] G. C. Winn, 

Notary Public for Alaska. 

My commission expires July 22, 1921. 

United States of America, 

Territory of Alaska, city of Juneau, ss: 

I, the undersigned, clerk of the city of Juneau, Alaska, hereby certify that 
the attached is a correct copy of the original affidavit on file in my office. 

In witness whereof, I have hereunto set my hand and affixed the seal of the 
city of Juneau, Alaska, this 20th day of September, 1919. 

[SEAL.] A. B. Cole, 

Clerk of the City of Juneau, Alaska. 


To A. B. Cole, 

Registration Officer, Juneau, Alaska: 

I hereby make application to be registered as a qualified elector to vote at the 
regular April, 1919, election to be held in the city of Juneau, Territory of 
Alaska, on April 1, 1919, and to prove my qualifications I hereby make, the 
following affidavit. 

Mrs. Selmer Jacobsen, Apylleant. 

United States of America, 

Territory of Alaska, city of Juneau, ss: 

I, the undersigned, being first duly sworn, on oatli depose and say that I am 
a citizen of the United States; that I have resided continuously one year next 


202 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


prec(Mlinj>: April 1, 1919, in tlie Territory of Alaska, and six months next pre- 
eedinj? April 1, 1919, iji the limits of the corporation of Juneau, Alaska. 

In witness whereof, I have hereunto set my hand this March 28, 1919. 

Mrs. Selmer Jacobsen, 

Subscribed and sworn to before me this March 28, 1919. 

[SEAL.] A. B. Cole, 

Notary PuJilic in and for the Territory of Alaska, residing at Juneau. 

My commission expires October 20, 1921. 

United States of America. 

Territory of Alaska, city of Juneau, ss: 

I, the undersigned, clerk of the city of .Tuneau, Alaska, hereby certify that 
the attached is a correct copy of the original affidavit on file in my office. 

In witness whereof, I have hereunto set my hand and affixed the seal of the 
city of Juneau, Alaska, this 20th day of September, 1919. 

[SEAL.] A. B. Cole, 

Clerk of the City of Juneau, Alaska. 

To a. B, Cole, 

Registration officer, Juneau, Alaska: 

I hereby make application to be registered as a qualified elector to vote at the 
regular April, 1919, election, to he held in the city of .Tuneau, Territory of 
Alaska, on April 1, 1919, and to prove my qualifications I hereby make the 
following affidavit: 

Selmer Jacobsen, Apylicant. 


United States of A:merica, 

Territory of Alaska, city of Juneau, ss: 

I, the undersigned, being first duly sworn, on oath depose and say that I am 
a citizen of the United States; that I have resided continuously one year next 
preceding April 1, 1919, in the Territory of Alaska, and six months next pre¬ 
ceding April 1, 1919, in the limits of the corporation of Juneau, Alaska. 

In witness whereof, I have hereunto set my hand this March 28, 1919. 

Selmer Jacobsen. 

Subscribed and sworn to before me this INIarch 28, 1919. 

[seal.] a. B. Cole, 

Notary Public in and for the Territory of Alaska, residinig at Juneau. 

My commission expires October 20, 1921. 

United States of America, 

Territory of Alaska, city of Juneau, ss: 

I, the undersigned, clerk of the city of Juneau, Alaska, hereby certify that 
the attached is a correct copy of the original affidavit on file in my office. 

In witness whereof, I have hereunto set my hand and affixed the seal of 
the city of .Tuneau, Alaska, this 20th day of September, 1919. 

[SEAL.] A. B. Cole, 

Clerk of the City of Juneau, Alaska. 

To A. B. Cole, 

Registration officer, .Juneau, Alaska: 

I hereby make application to be registered as a qualified elector to vote at the 
regular April, 1919, election, to be held in. the city of Juneau, Territory of 
Alaska, on April 1, 1919, and to prove my qualifications I hereby make the 
following afiidavit: 

H. .1. Raymond, Applicant. 

United States of America, 

Territory of Alaska, city of Juneau, ss: 

I, the undersigned, being first duly sworn, on oath depose and say that I am 
a citizen of the United States; that I have resided continuously one year next 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 203 

preceding April 1, 1019, in the Territory of Alnskn, nnd six months next pre¬ 
ceding April 1, 1919, in the limits of the corporation of .Tnnean, Alaska. 

In witness whereof, I have hereunto set my hand this March 25, 1919. 

II. J. Raymond. 

Subscribed and sworn to before me this IMarch 25, 1919. 

. . A. B. Cole. 

Notary Pnhiic in and for the Territory of Alaska, residiniy at Juneau. 

My commission expires October 20, 1921. 


Valdez, Alaska, August 23, 19 W. 

Be it remembered, that in pursuance to the resolution No. 105 of the House 
of Representatives, Sixty-sixth Congress, and the statutes of the United States 
in relation to contested election cases, and the pleadings in the case of .Tames 
Wickersham v. Charles A. Sulzer and .Tames Wickersham v. George B. Grigsby, 
contested election case in the House of Representatives from the Territory 
of Alaska, the jiarties aiiiieared before Hon, .1. L. Reed, a notary public, at 
his office in the town of Valdez, Alaska, on the said 28d day of August, 1919, 
there being present: 

Hon. ,T. L. Reed, notary public; Isaac Hamburger, stenographer; E. E. 
Ritchie, P]sq., attorney for the contestant; and the contestant, .Tames Wicker¬ 
sham, in person, and ]\Ir. A. .T. Dimond, appearing for the contestee, George 
B. Grigsby. 

AVhereuiion the following proceedings were had; 

DONALD H. TVER was sworn by the notary. 

IMr, Wickersham. Before the matter is heard any further, ]Mr. Dimond, I 
wish to exhibit to you an agreement made in triplicate between m.vself as 
contestant, and Mr. George B. Grigsby, as contestee, on the 28th day of July, 
1919, at Washington, D. C., with respect to the appointment of agents in the 
Territory of Alaska upon whom service of process might he made in the 
various portions of the Territory. The agreement provides for the appoint¬ 
ment of an agent for each of us at Washington, D. C.; at Seattle, in the State 
of Washington; at Juneau, Alaska; at Valdez, Alaska; at Fairbanks, Alaska; 
and at Nome, Alaska ; and the agents provided for at Valdez, Alaska, are J. L. 
Reed for the contestant, and A. ,T. Dimond and Tom Donohoe for the contestee. 

1 exhibit tbe original to you, signed by Mr. Grigsby. I suppose you have a 
cony of it. 

Mr. Dimond. No ; T have no copy, hut Mr. Grigsby informed me by telegraph 
that he had api)ointed me as his agent, so T don’t question this service. Mr. 
Reed represents you in any depositions that IMr. Grigsby may wish to take 
liere? 

Mr. Wickersham. Yes; under the agreement. T also call your attention 
to the pleadings in the case. I prepared on ]Ma.v 8, 1919. at .Tuneau, Alaska, 
a notice of contest against the election of November 5, 1918, in which T was 
a candidate on the Republican ticket for Delegate from Alaska, and Charles 
A. Sulzer was a candidate on the Democratic ticket for Delegate from Alaska. 
The fact was. that Mr. Sulzer died on April 15, 1919, before the certificate 
issued. The certificate of election was issued by the canvassing board on 
April 17, 1919. 5 months and 12 or 14 days after the date of the election and 

2 days after Mr. Sulzer’s death. 

I prepared the notice of contest and forwarded it to the Clerk of the House 
of Representatives on :May 8, 1919. It was received in Washington on or about 
the Ifith day of :May, 1919, and on June 2, 1919, the Clerk of the House of 
Representatives forwarded it to the Speaker of the House of Repi-esenta- 
tives and it was ordered to he printed by the House of Representatives as 
House Document No. 74, Sixty-sixth Congress, first session, and I assume you 
have received a copy of that, as I have made service of a copy of it. 

Mr. Dimond. That is all right. All I know about it is, I got a wire from 
Mr. Grigsby stating he had appointed me as service agent in the taking of 
depositions in the contest between himself and yourself. I can’t necessarily 
t ^Ira. Sulzer in any way, since be is dead, and I knoM nothing 

about that, , oo 

I^Ir. Wickersham. I served a copy of this on Mr. Grigsby on June 28, 1919, 
at AVashington. D. C., and together with a copy of House Document No. 74 
served on Mr. Grigsby on that date, I also served upon him a separate notice 
of contest, directed against him, and specifically covering not only the election 
of November 5, 1918, with Mr. Sulzer, but also tbe election of June 3, 1919, 


204 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


the special election, in which Mr. Gri^shy claims to have been elected, and I 
have here ihe orijiinal of that notice of contest served upon Mr. Grigshy on 
June 28, 1919, with proof of service attached to it, and I exhibit that to you 
[handing paper to Mr, DiinondJ. 

Thereafter, on July 2(5, Mr. Grigsby served a copy of his answer in the case 
of Wickershain t\ Grigsby, in the contested election case mentioned, upon me 
in Washington, D. C., and to that copy served on me is this certiticate: “The 
foregoing is a true and correct copy of the original answer herein. (Jeorge B. 
Grigsby, conte.stee. Dated .Tvll.^ 26, 1919.” And I assume this is, of cour.se, a 
copy because it was served ui)on me by Mr. Grigsby and seems to be a full 
<‘opy of his answer in the matter. I exhibit that to you [handing paper to 
IMr. Dimond] . 

Mr. Dimond. That is all right; I don’t care to see it. 

Mr. WiCKERSHAM. To that 1 tiled a reply immediately, denying the affirma¬ 
tive allegations of his answer and these pleadings have all been served in 
accordance with the rule provided by the statute of Congress. 

I also made application to the House of Representatives for the passage of 
a resolution by the House, lixing the time of service of papers in the two 
cases and consolidating the two cases and providing for service upon IMr. 
Grigsliy instead of upon IMr. Sulzer, who is dead, and upon whom no service 
could be made, and after some little time, tbe House of Reperesentatives, on 
July 28, 1919, passed House Resolution 105 and I have here an official copy 
of that House liesolulion ]05 passed by the House of Representatives on 
July 28, 1919, and signed by William Tyler Page, Clerk of the House of Repre¬ 
sentatives, and I exhibit it to you and ask you to read it if you will. 

Mr. Dimond. Yes; I would like to see that (read it). 

Mr. WiCKERSHAM. Mr. Iiimond, this resolution requires, in paragraph 9, as 
follows: 

“ That the Secretary of Wa)- be, and he his hereby, requested to order by 
telegraph immediately on the passage of this resolution that the 40 soldiers 
named, and whose Army status is described in the certified list, dated .Tune 
11, 1919, signed by the War Department officials, and which list is attached 
to the application of contestant for the passage of this resolution, be assembled 
at the office of the commanding officer of the United States military cable and 
telegraph in the towns of A'aldez, Sitka, and Fairbanks, Alaska, within the 
40-days’ period for taking testimony by the contestant, then to be examined 
under oath by contestant or his attorney or agent, toucliing the matters and 
things alleged in the notice and statement of contest on file in this House, 
and in this cause.” 

I call that to your attention because most of the witnesses here are of that 
class—ordered to appear here specially by the House of Representatives for 
this examination. 

I also want to call your attention, Mr. Dimond, to one or two more things 
before we proceed to the taking of this testimony. It has been brought to 
my attention very positively and several times that there was an inclination 
on the part of some of these witnesses either to refuse to testify or to testif.v 
falsely. 

IMr. Dimond. I object to any such statement as purely arguiiientative- and 
not based upon any evidence now in the record. I do not think it is proper 
to put statements of that kind into the record at this time. That might be 
used as argument before the House, of course, when it is heard there. 

Mr. WiCKERSHAM. I aiii calling the matter to your attention because I can 
hardly credit such statements, especially in connection with you, because 
you have always borne such a good reputation as an attorney. 

IMr. Dimond. I object to that, too. 

Mr. WiCKERSHAM. Aiid I can hardly credit it because the penalty for perjury 
is so severe in this Territory that I do not think any witness or witnesses 
ought to be misled in the matter. 

I have also been informed that Mr. Donohoe has advised the witnesses 
and that you have frequently advised them not to testify and tluit Mr. 
Donohoe, who is your partner and who is Democratic national committeeman 
in this Territory, has just before this hearing, the last few days, sent a tele¬ 
gram to you somewhat to that effect. 

Mr. Dimond. I object to all of these statements as not based upon facts 
and absolutely without foundation in fact and move they all be stricken from 
the record, as they have not proper place in the record, and I object to 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 205 


the stenographer taking down these statements and putting them into the 
record ai:d putting any furtlier statements of that kind into the record. 

Mr. WicKERsiiAM. I am making these statements, Mr. Diniond, because we 
have had so much trouble in the matter of taking the depositions of these 
Signal Corps men here, because I think it has become a menace, not only to 
the administration of justice, but I think has become a much worse menace 
in the work of the Signal Corps here. 

Mr. Diamond. I object to any such statements going into the record, as abso¬ 
lutely without foundation in fact and purely argumentative. I can go further 
and that that .it is absolutely false so far as my knowledge is concerned—as 
far I have any knowledge of the facts in the case. 

Mr. Wickersham. You don’t make any denial of the fact that you have 
heretofore advised witnesses not to testify? 

Mr. Dimoni). I certainly do. 

Mr. Wickersham. In the other record. 

Mr. Dimond. You had no right to take any evidence at that time and I 
did advise them at that time. 

Mr. Wickersham. Now, I want to make this further statement to ]Mr. 
’I'yer—that I learned yesterday for the first time that he was going to leave 
the Territory of Alaska on the Alameda, probably going out to-morrow night, 
and I issued a subpoena very late yesterday afternoon for his appearance at 
this time, hut I recognize, of course, that that subpoena is objectionable because 
it does not give him five days’ notice. 

Mr. Dimond. There is no objection whatever to that on my part. 

Mr. Wickersham. You don’t have the objection to make. Mr. Tyer has that 
right and that is why I am making the statement to him. The subpoena was 
issued for his appearance here this morning to save him any inconvenience 
in going out because the order of the House of Representatives is to keep 
these Signal Corps men here, who are named in that resolution, until their 
testimony can be taken under the rule. Now this is not under the rule strictly 
speaking and I recognize that, and if IMr. Tyer has any objection to testifying 
as he has sworn he would do fully, the truth and the whole truth, I would 
like to have him make that objection now, because if he does, I can then 
make another subpeena on him to appear next Thursday with the other wit¬ 
nesses and save any question. 

Mr. Tver. I have no objections. 

Mr. Ritchie. You waive your right for five days’ notice? 

Mr. Tver. I do. 


DEPOSITION OF DONALD H. TYER. 

DONALD H. TYER, being by the notary first duly sworn to tell the truth, 
the whole truth, and nothing but the truth, testified as follows: 

Examined by .Judge Wicki:rsham : 

Q. Where were you born?—A. In the State of ^Missouri. 

Q. When did you enlist in the Regular Army service of the United States?— 
A. May 13, 1917. 

Q. Where?—A. Des IMoines, Iowa. 

Q. Where was your residence at that time?—A. IMy residence was in Iowa. 

Q. How long had you resided there?—A. About two years. 

Q. Have you been a member of the Regular Army from that time to this?— 
A. Yes, sir. 

Q. What is the purpose of your going out on the Alameda?—A. Going out 
to be discharged, by order. 

Q. Are you coming back immediately?—A. Not until I visit some. 

Q. Where are you going when you are discharged?—A. Going to Missouri. 

Q. Is that where you formerly lived?—A. It is where I was born. 

Q. Were you a member of the Signal Corps service in the Regular Army of 
the United States on November 1919?—A. No, sir. 

Q. What service were you in?—A. Quartermaster. 

Q. In what service?—A. Quartermaster. 

Q. In the Regular Ai-my of the United States?—A. Yes. sir. 

Q. You were here, then, at that time, November 5, 1918?—A. Yes, sir. 

Q. The day of the general election last year?—A. Yes, sir. 

Q. Did you vote on that day?—A. Yes, sir. , .c 

Q. You may state if you voted for Mr. Connolly, the Socialist candidate for 

Delegate to Congress? 


206 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Mr. Dimond. We object to any questions directed to the qiiestions as to whom 
the witness voted for, and I now advise the witness that he is not required to 
state for whom he voted, whether he voted for one or the other. 

Mr. WiCKERsiiAM. You may answer the question; please read it, Mr. 
Reporter. 

(Question read as follows:) 

(i. You may state if you voted for Mr. Connolly, the Socialist candidate for 
Delegate to Congress? 

Mr. WicKERSHAM. Oil that date Mr. Francis Connolly was a candidate for 
Delegate to Congress from the Territory of Alaska on November 5, 1918? 

A. I did not. 

Q. Have you any objection to stating whom you did vote for?—A. Yes, sir: 
I have. 

Q. What objection have you? 

Mr. Dimond. I object to that question also, for the reasons given heretofore, 
that the witness is not required to state any grounds of objection to answering 
questions as to whom he voted for. 

Mr. Ritchie. The weight of authority is against you on that. 

IVIr. Dimond. I think not. 

The Witness. I haven’t any objection, only I don’t think I am required to 
tell whom I voted for. 

Q. Do you refuse to tell?—A. Well, the only objection I have to telling is 
because I am sorry I voted for whom I did; I voted for James Wickersham. 

Q. You are the son-in-law of Mr. Selby of the newspaper here, are you not?— 
A. Yes, sir. 

Q. Your wife is Mr. Selby’s daughter?—A. Yes, sir. 

Q. And Mr. Selby and the newspaper have been very strong, bitter opponents 
of Mr. Wickersham at all times?—A. Yes, sir. 

Q. And haven’t you on many occasions denounced Mr. Wickersham yourself 
and expressed enmity toward him in a political way?—A. Not until the last 
contest. 

Q. The last contest was long before the election of November 5, 1918?—A. 
I refer to the contest that you had here some time ago when you were not 
present. 

Q. Prior to that time you think you were friendly to Mr. Wickersham?—A. 
Well, it was because I didn’t know anything about him. 

Q. You don’t feel friendly to him now?—A. I do not. 

Q. On the contrary, very unfriendly?—A. Yes, sir. 

Q. And Mr. Selby, editor and proprietor of the Valdez Prospector, has been 
very unfriendly to him at all times, hasn’t he?—A. I couldn’t say. 

Q. Haven’t you read the paper?—A. I have read the paper, but I never 
paid much attention to that. 

Q. Don’t you know the paper has very earnestly opposed Mr. Wickersham 
at all times?—A. I have heard it. 

Q. You visit frequently at INIr. Selby’s?—A. Yes, sir. 

Q. And you know that is the sentiment there, don’t you?—A. Yes, sir. 

Q. Haven’t you told persons since November 5, 1918, that you voted for ]Mr, 
Sulzer?—A. No, sir. 

Q. You are sure about that, now?—A. Yes, sir. 

Q. You are just as sure about that as you are about anything else you are 
testifying to?—A. Yes, sir. 

Q. To whom have you talked about this matter; have you talked to Mr. 
I)imond about it—about your testimony in this case?—A. Have I talked to 
him about it? 

Q. Yes.—A. In what way do you mean? 

Q. I mean have you consulted with Mr. Dimond or with his partner, Mr. 
Donohoe, about your evidence in this case? About what you were going to 
say if you were put on the witness stand?—A. No, sir; I have not told liim 
what I was going to say particularly; I talked to him some. 

Q. What was the burden of that conversation—what did you talk about?— 
A. Well, I simply asked him if I was forced to tell for whom I voted in case 
I was asked. 

Q. And what did they tell you?—A. They told me that I did not. 

Q. Which one did you talk to?—A. I talked to Mr. Dimond. 

Q. Have you talked to Mr. Donohoe about it?—A. No, sir; not personally. 

Q. Do you remember when I was here along in ISIay that I wrote you a let- 
ter and asked rou to make a statement in respect to this matter?—A. Y^es, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 207 


Q. You didn’t answer the letter?—A. No, sir. 

Q. You didn’t make any statement?—A. No, sir. 

(2. And took a very strong stand against it?—A. Yes, sir. 

c}. Why did you do that?—A. Why did I do it? 

Q. Yes.—A. Because I didn’t agree with the stand you had taken against 
the soldiers, which I didn’t know prior to that time. 

Q. What stand do you understand I have taken against any soldiers?— 
A. Well, I think I am an American citizen myself. 

Q. That is not the (piestion I asked you; I asked you what stand I have 
taken against tlie soldiers that induced you to have that sort of feeling?— 
A. It was understood you said soldiers were not American citizens and they 
were not entitled to vote. 

Q. Somebody told you that?—A. I have heard that—I don’t know whether 
it was told to me personally or not. 

Q. Who told you such a story as that?—A. I don’t remember who it was. 

Q. Did anybody?—A. Yes, sir. 

Q. Can you tell who it was?—A. I don’t remember; it has been the general 
talk. 

Q. Did Mr. Selby, your father-in-law, tell you that?—A. I don’t think it 
was him; no. 

(^. Are you sure it wasn’t him?—A. No; I am not sure of it. 

Q. When did he tell you that?—A. I don’t know. 

(}. Did you believe that story?—A. Well, I sure did. 

Q. Did you know tliat my son was in the Navy as lieutenant commander?— 
A. No, sir. 

Q. And that my youngest brother was in the Army in France?—A. I didn’t 
know a thing about it. 

Q. And that I had purchased several thousand dollars’ worth of Liberty 
bonds at various times?—A. No, sir. 

Q. And have repeatedly taken the oath to support the Constitution and 
laws of the United States; did you know those things?—A. No. 

Q. You didn’t hear me say anything that would justify that statement, did 
you?—A. No, sir. 

Q. And you don’t know who told you?—A. No, sir. 

Q. When did you hear those stories tirst?—A. Well, I have been hearing 
them off and on now about a year. 

Q. And you became convinced that I was a disloyal citizen?—A. Almost. 

Q. And you don’t know who told you?—A. No, sir. 

Q. Can’t you mention any one person that told you that story?—A. No, sir. 

Q. Did Tom Donohoe tell it to you?—A. No, sir. 

Q. Did iNIr. Dimond?—A. No, sir. 

Q. Was anything like that i)ul)lished in the Valdez I»rospector, published by 
your father-in-law?—A. Not that I know of. 

Q. Similar stories to that were pul)lished in that paper, were they not?—• 
A. Not that I know of; I never read them. 

Q. Did he tell you stories of that kind?—A. No, sir. 

Q. And you seem to be unable to tell anybody that told you that story?— 
A. Yes, sir. 

Q. But it made a powerful impressi(m upon you?—A. les, sir. 

Q. So you were opposed to me?—A. Yes, sir. 

Q. You heard these stories as long as a year ago?—A. It has been almost 
a year ago; it was immediately after the election. Particularly after you be¬ 
gan to contest the last election. 

Q. So you voteil for me on election day?—A. I did. 

Q. Did you vote at the iirimary election in the ]May preceding? A. No, sir. 

Q. Did vou belong to any of the political clubs here?—A. No, sir. 

Q. And you are quite positive you haven’t told anybody that you voted for 
Mr. Sulzer?—A. Yes, sir. 

Q. And you are sure you did not?—A. les, sir. c 

Q. You don’t want to make a misstatement about the matter. A. Ao, sii , 

I do not. . -o 4 

Q. Where were you born and raised, in Missouri?—A. les, sir. 

(). What part of Missouri?-A. Hale, Mo. , t i i i 

Q. What political party did you belong to in Missouri? A. I never belonged 

a”What political iiarty did your father belong to?—A. He is what you 
would call a Democrat, I suppose, but he votes for the man, not the paitj. 


208 WrCKERSHAM vs. SULZER, DECEASED, AND GRIGSBY. 


Q. And jNIr, Selby is running a Democratic ne\vsi)ai)er here and fighting me 
as hard as lie knows how?—A. I believe so. 

IMr. WiCKERSHAM. That is all. 

Questions by Mr. Ritchie : 

Q. Did yon vote for President in 1916—yon were of age then?—A. Yes, sii. 

Q. Yon voted for President?—A. Yes, sir. 

Q. Do you mind telling whom yon voted for then for President?—A. No; I 
have no objection. 

Q. Who was it?—A. Wilson. 

Mr. WiCKERSHAM. Yoli voted for Woodrow Wilson for President in 1916?— 
A. Yes, sir. 

Questions by Mr. Dimond : 

Q. When did yon arrive in Alaska?—A. November 1, 1917. 

Q. Have yon been here continnonsly since?—A. Yes, sir. 

Q. When were you married?^—A. November 1, 1918. 

Q. And was your wife a resident of this place at the time yon married?— 
A. Yes, sir. 

Q. Do yon know whether she had resided here for some time theretofore?— 
A. Yes, sir. 

Q. How long; do yon know?—A. About three years. 

(Witness excused.) 


deposition of MRS. DONALD H. TVER. 

Mrs. DONALD H. TVER, being by the notary first duly sworn to tell the 
truth, the whole truth, and nothing but the truth, testified as follows; 

Questions by Mr. Ritchie: 

Q. You came here in the summer of 1915, or the fall of 1915, and this has 
been your residence from that time to this?—^A. Yes, sir. 

Q. What day were you married?—A. November 1, 1918. 

Q. That was about four days before the congressional election last fall?—A. 
Yes, sir. 

Q. You were a little past 21 years of age, were you not?—A. Yes, sir. 

Q. You voted on the 5th of November for Delegate to Congress here in Val¬ 
dez?—A. Yes, sir. 

Q. Do you mind stating for whom you voted?—A. Yes, sir. 

Q. You don’t wish to state?—A. I refuse to state; it is my privilege. 

Q. You positively refuse to state?—A. Yes, sir. 

Q. If you should be satisfied that you have been incorrectly advised on that, 
you would be willing to state, wouhl you not?—A. I believe Congress acted on 
that—whether a person had to state for whom they voted, and a person did not 
have to state for whom they voted. 

Q. Answer the question—if you can be shown?—A. Yes. 

Q. What is your objection to having it known for whom you voted—you ordi¬ 
narily wouldn’t care if the whole town knew for whom you voted for any of-; 
fice, would you—isn’t that a fact?—A. Well, I consider voting like a religion, 
more or less your own privilege—your own affair. 

Q. We all agree with you in a general way on that; at the same time, ordi¬ 
narily you would be perfectly willing it should be published in the daily paper 
for whom you voted?—A. No, sir; I would not. 

Q. Is it not a fact that you voted for Charles A. Sulzer, and that is the reason 
you do not care to answer?—A’. I refuse to state for whom I voted. 

Q. Did you vote for Judge Wickersham?—A. I refuse to answer. 

Q. Did you vote for Mr. Connolly?—A. I refuse to answer. 

Q. Have you been advised by Mr. Dimond or Mr. Donohoe that if you were 
to state that you voted for Mr. Sulzer the result might be that your vote would 
be taken olf of the votes counted for Mr. Sulzer?—A. No, sir. 

Q. You haven’t been advised to that effect?—A. No. 

Q. You understand the question largely in issue in this hearing and in this 
contest is the point that a soldier in the Army gains no residence by being 
stationeil at any particular place; that his residence remains where he en¬ 
listed—you understand that is the contention, and the wife’s residence is always 
her hiisl)an(rs?—A. I understood that. 

Q. You understand, since you are married that your husband’s residence is your 
own?—A. Yes, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 209 


Questic ns by Mr. Wickersham : 

Q. You are an American citizen—A. Yes, sir. 

Q. Yon believe in enforcing the laws of the United States honestly and 
fairly?—A. Yes, sir. 

Q. And yon don’t want to see people vote illegally, whether they vote for you 
or against yon?—A. No, sir; I certainly do not. 

Q. And if it should turn out that a vote is illegal, whether there is any¬ 
thing wrong about it or not, you don't know any reason why it should not be 
known?—^A. No, sir. 

Q. You want to see the laws of the country enforceil fairly and honestly?—A. 
Yes, sir. 

Q. You are not ashamed of the way you voted in that election, are you?—A. 
No, sir. 

Q. You would be' ashamed if you voted for me?—A. I refuse to answer that 
question; T think. I have the privilege of refusing to answer that. 

Q. Supi)ose the law is the other way, wouldn’t you want to obey the law?— 
A. I believe in obeying the law; yes. 

Q. The rnle of law is this: A person who votes in a country where there is 
a legal Australian ballot law which gives them secrecy of the ballot, they 
are not obliged to tell anybody. Now, if we had such a law in this Territory,, 
you would not be obliged to tell, and probably if we did not have it and your 
vote was iimpiestionably legal and proper, you then would not possibly be- 
obliged to tell, but where there is a question about the legality of youi*' 
vote and it is shown that your vote is illegal, then you are not shielded by 
the law : I ask you if you were advised about tbe law in that respect by Mr^ 
Donohoe or INIr. Dimond?—A. State again what law and how you mean I 
should have been advised. 

Q. If you voted legally, then, of course, if there is an Australian ballot 
system law in force here which gives your ballot secrecy, you could not be- 
made to tell-A. Yes. 

Q. But we do not seem to have anything of that kind in this Territory—we- 
do not seem to have any Australian ballot system law which gives you the 
secrecy that you claim?—A, I am supposed to answer because my vote is^ 
supposed to be illegal? 

Q. Yes.—A. Why? 

Q. Because your husband had no right to vote. 

Mr. Diaioni). I object to that and advise her not to answer for whom she 
voted, and further advise her her vote was legal. 

Mr. Ritchie. You don’t object to that statement of the law? 

Mr. DiAioNi). No; I do not. 

Mr. Wickersham. We think the law is perfectly plain that a soldier in 
the Regular Army of the United States, who came up here as a soldier to 
this Territory from the States, is not entitled to vote in the Territory for 
Territorial officials as long as he is in the Army, and I state to you, in the 
presence of your attorney, Mr. Dimond, that the Democratic committee of 
the Sixty-tifth Uongress having the other contest in charge, held that, and the 
House <)f Repre.seiitatives approved that as the law, and I think all agree 
that that is the law, and that your husband bad no right to vote. 

The AVitkess. He is not a citizen. 

Mr, Wickersham. Yes; he is. 

The Witness. That is what they are trying to prove. 

Mr. WiCKERSHAAi. No; your husband had a right to vote where he enlisted. 

The Witness. If he took up his residence in another place he surely had 
a right- 

Mr. Wickersham. The question is, whether he can take up a residence 
while in the Army, 

The M’itness. A year’s residence makes a citizen. 

Mr. WicKEKSHAAi'. No; not if he is in the Army. That is the sort of argu¬ 
ment that your husband has heard and upon that sort of argument he thinks 
1 am against the soldiers, and he is mad at me, but that is not true; I wanf 
the soldiers to obey the law, as I have to obey it. We think your husband 
liad no right to vote in this Teriatory, and you married him before election 
day and assumed his residence as yonr residence. 

Mr. Dkmond. We think her husband bad a right to vote, and she had a cor¬ 
responding right, and is not required to tell. 

Mr. Wickersham. So you decline to tell- 

14 


1.M279—20 






210 WICKERS HAM VS. SULZER, DECEASED, AND GRIGSBY. 


Tlie Witness. I refuse to state for whom I voted. 

jMr. Ritchie. I have lived in this town for nearly 12 years, and in every 
election, hejiinninj^ with 1908, I have been asked whether soldiers over at 
Fort Liscnin could vote, and because the courts have universally decided 
whenever that question came up, and I don’t know of an exception in 30 or 40 
years, the courts have universally decided that a soldier does not gain a 
residence by going to any place, therefore I have, for a great many years, 
advised soldiers that they could not vote. In one or two elections when I 
opjiosed .Judge Wickersham I made a strenuous effort to prevent soldiers 
voting, because they were voting for him. That is my conception of the law, 
and I don’t believe anybody can charge me with saying that a soldier is not 
an American citizen; hut that is the law, and I am amazed that anybody 
jiretending to he a lawyer should contest it, because the courts have decided 
for a quarter of a century that a soldier gains no residence by being stationed 
at a iilace, either a soldier at Fort IJscum or a man in the quartermaster 
service stationed at Valdez. Last Congress decided that way and the Demo¬ 
cratic elections committee unanimously voted that way, because they stated 
the law as I have stated it to you. I want you to understand that we are not 
.‘laying that ^Ir. Tyer is not an American citizen, as much so as I am, but 
we say he had no right to vote here because his residence was in Iowa when 
he enlisted. 

The Notary. When a man enlists the law reserves to him the right to vote 
in the place where he enlists, the same as a Congressman, when election comes 
they go back to their own places; they don’t acquire a residence in Wash¬ 
ington. It is the same with a soldier; he is not voluntarily st*^tioned in the 
place where he goes, and he is subject to military orders and has not ac¬ 
quired a domicile in the general scope of the law. As far as this record is 
concerned, I do not know that a notary public has a right to rule on the 
competency or relevancy or materiality of the evidence. 

Mr. Dimoni). We object to all the statements of the notary and move that they 
be stricken as not having a proper place in the record and not being a correct 
statement of the law in the case. Section 1800, Revised Statutes, provides that 
no soldier of the Army can vote in any Territory unless he has been domiciled 
there for six months in one place, and in cases such as this they take up a 
residence here. Residence is very largely a matter of intention, and these men 
that came here, even though they were in the Army, if they decided and intended 
to make Alaska their residence, they became residents of Alaska and were 
entitled to vote. 

IMr. Wickersham. Section 1860 of the Revised Statutes, 1878, does not read 
like you state at all; you have forgotten; 1860, in substance, provides that no 
Territory shall permit a soldier to vote in the Territory without he has been 
there six months and without it shall pass a law giving him that right, and it is 
conceded by IMr. Grigsby and everybody in this case that no such law was ever 
passed in this Territorv ,and the Territory could not pass the law, because Con- 
jrress had passed a different law , so there is not question about section 1860; 
that was thrashed out before the committee completely. 

I will ask the witness a few more questions. 

Q. IMrs. Tyer, do you think it is fair for you and your husband to sit here 
side by side and your husband very willing to say that he voted for me because 
it injures me and you to refuse to say you voted for ]Mr. Sulzer because it will 
assist me? Do you thiidv that is right? 

Mr. Dimond. We object to that, because it has a tendency to make the witness 
state for whom she voted, unless she wants to do that voluntarily. 

Q. I ask her if she thinks that is right? 

The Witness. Does that have any bearing on the case at all? 

IMr. Diamond. None whatever. 

The Witness. IMy husband’s views and mine are entirely different. 

Q. I am asking you if you think that is right, as an American citizen?—A. Do 
I have to answer that question? 

IMr. Dimond. No. , 

A. I refuse to answer. 

Q. IMrs. Tyer, I have been a resident of this Territory since 1900. I was in the 
Territory on e’ection day, November 5, 1918, but I couhln’t vote, because I was 
not in my own precinct, A great many people who were in the Territory at 
that time for 10 or 1.5 or 20 years, all of whom were American citizens, were 
refiis(‘d the right to vote because they were not in their own i)recinct. It was a 
question of law. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 211 


Tlie Witness. A citizen of Vuldez has no ri^ht to go to Cordova and vote. 

Mr. WiCKEHSHAM. No; and a soldier from Missouri has no right to vote until 
after he shall have resided in the Territory of Alaska one year after he has been, 
discharged from the Army. 

The Witness. He is not from INIissonri. 

Mr. WiCKERSHAM. Froiii Iowa; from anywhere in the States. If he had 
enlisted in Alaska and was a resident of Alaska at the time of his enUstment and 
in his own proper precinct he would he entitled to vote, hut the law is technical, 
and don’t permit ])ersons to vote outside of their own precinct; that is the point 
we are making against your hushand. 

The Witness. I understand the (piestion. 

Mr. Wk'keksiiam. I appeal to you as an American citizen and as a woman of 
good principles who wants to do right not let your hushand sit there and 
testify against me—the truth prohahly—and you sit hy liis side and refuse to 
testify when it would assist me. I will ask you to answer the question. 

A. IMy hushand voting and mine are ditferent things; I never even asked him 
anything about it. 

Q. You heard him testify?—A. I did. 

Q. You know, of course, that his vote now will be counted as against me and 
you know that your vote, if you voted for INIr. Sulzer, would be counted the other 
way; it would he fair to testify and I appeal to your sense of fairness. I ask 
you if you will not testify?—A. I object to testifying. 

Q. Your father lias been very strongly against me all the time?—A. I believe 
my father has told you why; it is a question of trying to run a Democratic or 
Iteimhlican paper; he can give you his views. 

(>. He has a right to do as he jileases, hut he is very much opposed to me, and 
you heard that a great deal from him and other people around here?—A. Yes, sir. 

Q. And this prejudiced you so you have not been friendly to me?—A. I don’t 
know. 

Q. Politically, I mean?—A. No, sir. 

Q. You have not been friendly to me politically?—A. My friendliness or un¬ 
friendliness hasn't been discussed ; hasn’t anything to do with it. 

Q. I'ou realize it does have something to do with it; don’t you think it has?— 
A. PTiendliness or unfriendliness? 

Q. Yes; in a iiolitical way?—A. No, sir. 

Q. And you decline to tell whom you voted for?—A. Yes, sir. 

You didn’t vote for Mr. Connolly, the Socialist candidate?—A. I answered 
that before. 

Q. You didn’t vote for me?—A. I refuse to answer that. 

(}. And you refuse to say whether you voted for Mr. Sulzer or not?—A. Y"es. 

(J. Why?—A. Do I have to tell why I refuse to answer? 

Mr. Dimond. No. —A. Then I refuse to answer the question. 

Q. I wanted you to say, if you could, as an American citizen why you think 
you ought not to tell?—A. I refuse to answer as having nothing to do with 
the case. 

Mr. WiCKERSHAM. Ml*. Notary Public, I ask to have the matter postponed 
until next Thursda.y, I am going to serve suhpomas on these other jieople to¬ 
day, and 1 want Mrs. Tyer present at that time; she might conclude in the 
meantime to testify. I may want to take some action under the statute to re- 
(luire her to testify. As an American citizen she has a duty to perform, ami I 
think slie ought to" perform it like an American citizen. I want an opportunity 
to consider the matter and ask to have the matter postponed until next Thurs- 

l\Ir. Dimond. I object to any continuance of this matter at all. It is known 
that Mr. and Mrs. Tyer are ready to go out on the next boat, and this hearing 
was had in advance so they might not he discommoded. There is no reason 
why this examination can not he comjileted now; in fact, it is completed, and 
il is merely t<» harass these witnesses that this continuance is asked. 

INIr. WiCKERSHAM. We ai‘e here for the purpose of trying to get the truth out 
of these peojile and are going to get it if it is possible to get it, notwithstand¬ 
ing the advice that has been given to these people not to testify. 

Mr Dimond It is an abuse of process to have a witness in court one day 
and the next (iay and the next day, when the thing could he cleaned up in one 

(In \ 

Mr. WiCKERSHAM. It would be if the witnesses testified. They will testify 
when they can testify against me, hut when they have to testify the other way, 
they won’t testify. 


212 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. Dimond. We object to that statement. 

Mr. M'ickeksham. 1 will serve a subpmna on IMrs. 'Tyer immediately, re- 
■qiiiring her presence next Thursday, and I am soins to serve the subpoenas 
oil the other witnesses to appear at the same time. Of course, under the 
statute, as I said, it may be a service of this kind is i)robably not good except 
upon live days’ notice. 

Mr. Dimond. They waived that. 

IMr. WicKERSHAM. I clioose to take my own course in that matter. 

Mr. Dimond, You have already chosen; I want the testimony. 

Mr. Ritchie. Onr position is this: We are entitled to know for whom these 
soldiers voted and then the House of Representatives can pass on the question 
whether or not their votes were legal. If your interpretation of the law is 
correct, it won’t hurt Mr. Grigsby’s contest a particle if it should appear that 
all these 15 or 16 young men of tbe Signal Corps and (piartermaster’s Depart¬ 
ment voted for Mr. Siilzer, to frankly s:iy so; if they had the right to vote 
for Mr. Snlzer, it would iielp Mr. Grigsby’s contest. The House of Representa¬ 
tives is going to pass on that, 

Mr. Dimond. I have not advised a)iy of the witnesses not to tell, but any 
witnesses that have asked me whether they are compelled to tell under the 
circumstances—I have advised IMrs. Tyer and, I believe, Mr. Tyer; advised 
them all that they are not required to tell, and I am very positive that that i& 
the law—that they are not required to tell for whom they voted. I think we 
have here a substantial Australian ballot. It must be proven that they are 
not entitled to vote, and even then it is doubtful whether they can be compelled 
to tell for whom they voted. I believe they were entitled to vote and are not 
compelled to tell for whom they voted. I so advised them and shall so advi.se 
them in the future. 

Mr. Ritchie. I have not a shadow of doubt that they believed they had a 
right to vote, but now I am jmtting this question to IMrs. Tyer: Suppose it 
should prove that you are mistaken about the law, that you did not have a 
right to vote, don’t you think the Congress of the United States is entitled 
to know for whom you voted, so they can take youi* vote off the total of the 
person for whom you voted? 

The Witness. If that law is proven tn be correct, yes. 

Mr. Ritchie. All we are asking you to do is to say for whom you voted, and 
if the House of Rejiresentatives says you had the right to vote, whether for 
Mr. Connolly or IMr. Snlzer or Mr. Wickersham, your vote will be counted for 
that person, but if the House of Repi'esentatives says you did not have the 
right to vote, they will throw out that vote; that is all we are asking, for you 
to state for whom you voted, and let Congress pass on the question of the vote, 
of the legality of the vote 

Mr, Wickersham. I want to notify Mr. and Mrs. Tyer now that I shall expect 
them to be here next Thursday; I am going to apply to the commanding officer 
to keep him here until this matter is .settled. 

IMr. Tver. Haven’t I given my testimony? 

]Mr. Wickersham. Not as fully as I desire it shall be done. 

jMr. Dimond. The only way, then, is for them to come in and testify they 
voted for IMr. Sulzer; if they state they voted for Mr. Wickersham, they must 
be haras.sed and hounded around. If they say they voted and refuse to state 
for whom they voted, they must be pursued and brought into court on various 
successive days, and I dare say the only way we can clean up this testimony 
within the 40 days is for these witnesses to come in and say they voted for 
IMr. Snlzer during the year 1918. I object to this whole proceeding, the latter 
part of it, whereby these witnesses are to be brought into court again, as an 
abuse of judicial process. I have been informed that you told men under similar 
circumstances, IMr. Ritchie, that they were entitled to vote. 

Mr, Ritchie. I never did. I made a tight at the polls when I was supporting 
Gilmour against Wickersham—I challenged several voters myself from Port 
Liscum bec-ause they were going to vote for Wickersham. 

IMr. AVk’kersham. IMr. Dimond, down at Seattle some time ago we took the 
testimony of Gapt. Faust, Mr. Van Wyck, Mr. Mooney, and two more soldiers, 
all of whom, as you know, took the .«ame position that you are now taking, but 
on further a'^vh'p all testified down there very fully and very frankly. I 
'T't you to know that. 

Mr. Dimond. Yes; 1 am not advising them not to testify; I am advising them 
that they don’t have to testify ; that that is a matter of personal privilege with 
them. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 213 
1 if you will have this matter postponed until next 

Thursday- 

IMr. Diamond. I ol)ject to any continuance of the examination of these particular 
witnesses. 

Mr. WicKEUsHA^r. The notary pul>lic understands tliat we haven’t the testi¬ 
mony of this lady; she lias refused to testify? 

Mrs. Tykr. Why are you keeping my husband, then? 

Mr. M icKERSHAM. I Want her to testify to the truth, and the whole truth, as 
she .said she would. 

Mrs. Tver. Why are you keeping my husband? 

Mr. A\ ICKERSHAM. Youi' husband is being kept because of the resolution of 
the House of llepi-esentatives, which requires the assembly of all these soldiers 
here for the purpose of testifying. 

Mr. Tver. Haven’t I testified? 

Mr. Dimond. \on and your husband are being kept in order to harass you. 

Mr. WicKERSHAM. I waiit this woman’s testimony and I am going to have it. 

Mr. Dimond. You go ahead and get it; I object to any further delay. 

Mr. AA ICKERSHAM. You can’t violate the law with impunity. 

^Ir. Diamond. I object to that statement; there is no violation of the law on 
my i)art. 

Mr. AA ICKERSHAM. Soldiers ought to be the first ones to walk up and bravely 
and courageously tell the whole truth. 

Mr. Tver. I have told the \vhole truth, and I object to your saying that 
probably I told the truth, sir. 

Mr. AA ickersha;m. I say you probably told the truth; I have no doubt about 
it. This place is becoming a menace to civilization almost. 

Mr. Diaiond. Y"ou have become a worse menace. 

Mr. AATckersham. The House of Representatives don’t think so. 

Mr. Diaioni). All Alaskans do, anyhow. 

Mr. AA'ickersham. hlven a Democratic Congress doesn’t think so. I ask for 
a postponement. 

Mr. Dimond. I object to any postponement on the ground that this examina¬ 
tion has been gone into very completely and very fully. 

The Notary. I will render a decision at 2 o’clock. 

2 1>. Al. 

The Notara". Have you any further questions to ask either of these witnesses 
at this time? 

Mr. Ritchie. No ; I have nothing to ask. 

The Notara'. I feel constrained to hold that this particular examination is 
closed, as to these witnesses, if there are no further questions to ask them, leav¬ 
ing the parties to such subsequent procedure as they may take in regard to any 
future evidence. 

(AAdtness excused.) 

AIORNING session, THURSDAA', august 28, 1919. 

The testimony of certain witnesses to be used as evidence in behalf of the 
contestant in the contest of James AAJckersham r. George B. Grigsby for the 
office of Delegate in Congress from the Territory of Alaska was taken before 
J. L. Reed, a notary public, on the 28th day of August, 1919, beginning at 10 
o’clock a. 111 ., pursuant to a statement made in the opening hearing for the taking 
of depositions before the same officer on the 23d day of August, 1919; there being 
present Janies AATckersham, the contestant, and his counsel, E. E. Ritchie; the 
contestee, George B. Grigsby, being represented by his agent and counsel, A. J. 
Dimond. 

AATiereupon the following proceedings were had: 

deposition of E. E. RITCHIE. 

E. E. RITCHIE, being by the notary first duly sworn to tell the truth, the 
whole truth, and nothing but the truth, testified as follows: 

IMy name is E. E. Ritchie. I am a practicing attorney of the town of A^aldez 
and have been for nearly 12 years, and have resided in Alaska for over 14 years. 
In the fall of 1918 for two or three weeks before the election, which occurred 



214 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


on the 5th of Noveiiil)er, I had charj^e in a jjeneral way of what Uepnhlican 
campaign there was in the town of Valdez, ami in so doing it was important for 
me to lejirn as far as I could how various i)eople were going to vote. I ascer¬ 
tained from general conversation with i)eo])le around town and from statements 
of at least half of the meml)ers of the Signal Cori)s themselves and quarter¬ 
master’s department here, soldiers, that nearly all, if not all of them, intended 
to vote for Sulzer. Six or eight or ten of the hoys Avere eating at the same 
restaurant I was, and it was talked from day to day. I talked with them about 
it, and they all stated that they were hostile to Judge Wickersham ; that they 
were all for Sulzer, or nearly all of them. 

That was also common talk around town. I couldn't si)ecify any particular 
man who I would say positively told me that the boys were nearly all for Sulzer, 
because there were 8 or 10 of them there eating every day, and I couldn’t say 
positively as to any one. If I remember, though, talking on the subject of the 
election frequently, several times at least, to Hopkins. Harry Shutts, Ike Beal, 
and Aleck Katt, and two or three others; but I couldn’t say positively that any 
one of them made any distinct statement as to that—it was the general talk 
among them. The only two men whom I can distinctly and positively say told 
me that the Signal (’v)rps and quartermaster crowd liad been canvassed and 
that nearly every man would be for Sulzer was Richard H. L. Noaks, who is a 
very close friend of mine and was around my office a great deal. He told me 
positively that nearly all of the Signal Corps and quartermaster boys were 
going to vote for Sulzer. I expressed in one conversation with him not exactly 
surpri.se, but just commented on the fact that a few years ago nearly all the 
Army boys here were for Wickersham, and he said the reascm of it was they 
wei’e very hostile to Wickersham because of the exceptions he had taken to the 
soldier A'ote in the election of 1910, and he told me that not more than one or 
two, if any, of the boys would vote for Wickersham. 

The only other per.son that I can distinctly specify as having told me is Frank 
.1. Hayes, a Democratic politician, stenograidier in the office of Donohoe & 
Dimond. He and I are pretty warm friemls, have been for years, and we 
talked politics almost every day in his office, in my office, on the street, in the 
newsi)aper office, and probably the pool rooms, and INIr. Hayes told me repeatedly 
that they expected to get that entire vote—he told me tliat directl.v. He also 
told me—I think it was the afternoon before election in tbe office of Donohoe & 
Dimond—that he couldn’t figure where we were going to get any votes, except 
the small handful of men who were working in the Republican club and a few 
of the old Wickersham roughnecks. I will state further that we made, as 
politicians do, a list of the votes we expected to get in the election of Novem¬ 
ber 5—those that were promised to us and those we were positive of—and we 
didn’t have on that list the name of any enlisted man either in the Quai-termaster 
Department or the Signal Corps for the reason that all the information that 
any and all of us could obtain was that they vvere almost to a man hostile to us. 

I was present as counsel for Judge Wickersham at the hearing before J. L. 
Reed, notary jmblic, on Saturday, August 28, in which evidence was being taken 
in this contest of AVickersham r. Grigsby. I heard the examination of Mrs. 
T.ver hy Judge AAdckersham, and if I am any judge of courte.s.v and the kind of 
conduct that is due from a man to a woman, there was nothing discourteous 
in any question asked by Judge AAJckersham. 

Air. Dtmond. I objec't to this statement on the ground that it is incompetent, 
irrelevant, and immaterial and on the ground that it has no bearing upon the 
question who was elected in the year ]918, whether AATckersham or Sulzer was 
elected. 

The Notary. All these objections go into the record, and I understand the 
House will decide on the objections. 

The AATtness (continuing). Or in his manner, as far as I noticed at the 
time. Mrs. Tyer's husband was sitting beside her all the time and he took no 
exception to any statement or question made by Judge AAJckersham, or anything 
in his manner. Judge AATckm’sham and Airs. Tyer got along very well together 
and were smiling at each other, at least half the time, until Judge AA^ickersham 
stated that he would have Airs. Tyer subpoenaed to appear here on this date 
with other Avitnesses. Airs. Tyer then became very much irritated and stated 
that they had made all their plans to go out on Sunday night and displayed 
considerable anger over the situation, Avhich I thought Avas natural under the 
circumstances and Avas not surprised at, hut even then there Avas no discourtesy 
shown toAvard Airs. Tyer so far as I could notice, if I am any judge of such 
matters. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 215 


INIr. Dimoni). We ol)ject to all the statements of the witness concerning Mrs. 
Tyer on the ground that they are incompetent, irrelevant, and immaterial, and 
move it he stricken from the record. 

Mr. Ritchie. That is all I desire to say. 

Questions by Mr. Dimond : 

Q. I think you said in the j'ear 1918 the Signal Corps boys,' nearly all, so far 
as you are aware, intended to vote for Mr. Sulzer, or you had received informa¬ 
tion that they probably would vote for Mr. Sulzer, and that such had not been 
the case theretofore, in the preceding elections. Now, in that connection is 
it not a fact that these Signal Corps hoys who have lived here in the town of 
Valdez have voted in all of the elections since and including 1912'?—A. I think 
they have. 

And prior to the year 1918 a great many of them, probably a majority, were 
generally known as supporters of Wickersham, were they not?—A. Up to and 
including 1914 they were; I think in 1916 they were divided somewhere near 
half and half. 

Q. In 1914 it was generally understood that nearly all of them supported 
Jiulge Wickersham'?—A. I think all except three or four. 

Q. These men while they were in the Army have lived in the town of Valdez— 
that is, they don’t live at any military post?—A. Those in civilian employment 
live here in town—that is, the Signal Coriis operators and the (luartermaster 
employees live in town. 

Q. And a number of them are married and have their wives here and have 
their homes here—that is true?—A. Yes, sir. 

Q. And they don’t live at any military barracks or upon any military reser¬ 
vation?—A. They don’t live together. 

Q. As soldiers'?—A. No. 

Q. Did you ever know of any objection being made to their voting prior to 
the year 1916 by anybody?—A. I have no recollection of any. 

Q. And you keep pretty good track of political matters here, and if there had 
been any serious protest you would probably have known of it?—A. I think so. 

Mr. Dimond. That is all. 

Mr. Ritchie. I want to make an additional statement. Although I have 
been familiar for a great many years with the law that an enlisted soldier 
around a military barracks, or one even claiming a residence outside the bar¬ 
racks, as long as he was merely stationed at a military post, could not vote, 
I was under the impression until 1912 or perhaps a little after, that a soldier 
in civilian employment, like these Signal Corps operators, had a right to vote 
if he was not on a reservation, hut I was told by a lawyer here in the cam¬ 
paign of 1912 or a little hit after, that 1 was mistaken about that, and I looked 
it up and ascertained the fact that they were on the same l)asis, so far as 
their residence is concerned, under the law, as an other soldier, hut I never 
objected to their voting for the reason that 1 thought it was not good i)olicy, 
although for several years they were voting, many of them, against the way 
I was. 

Q. At that time you opiiosed Wickersham?—A. Yes; I opposed Wickersham 
in three elections and in at least two of those elections, nearly all the Signal 
Cori)S boys were voting for him and I didn’t object, although I believed at 
the time that their votes were illegal, hut I didn’t think it good policy to object 
to their voting. 

Q. As a'matter of fact you never knew of anybody making any objection?— 
A. I have no recollection of any. I think myself almost everybody was of the 
opinion they had a right to vote. 

(Witness excused.) 

E. E. Ritchie. 

DEPOSITION OF E. P. CASHMAN. 

E. P. C.VSHMAN, being first duly sworn, testified as follows: 

Direct examination by Mr. Ritchie: 

Q. Your name is E. P. Cashman?—A. Y"es, sir. 

Q. You have resided in and around Valdez for a great many years?—A. Yes, 
sir. 

Q. Where were you residing on the 5th of November, 1918?—A. At what they 
call the Granby, across the hay. 

Q. YT)U had been there for 30 days or more at that time?—A. I had been 
there since the 15th of January, 1918. 


216 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


(J. You have a family, a wife and children?—A. Yes, sir. 

Q. Did yon vote at the election of November o, 1918, for Delegate to Con- 
g:ress?—A. Yes. sir. 

(^. Will you state for whom you voted?—A. Sure. 

(,). For whom?—A. .Fudge Wickersham. 

(J. Are you acquainted with a great many of the soldiers there at the post?—• 
A. No, sir; I was not. at that time. 

Q. T will ask you this question, do you know of any soldiers who resided in 
the Valdez Bay voting precinct, olf of the military reservation—did any sol- 
fliers reside in the Valdez Bay voting i)recinct excepting those who were on the 
F^ort Liscuin Reservation?—A. No, sir. 

Q. You were one of the judges at that election; were you?—A. Yes, sir. 

Q. Do you know Fred C. Hartman?—A. Yes, .sir. 

Q. Do you know where he resided?— A. Well, he was living in Valdez until 
they took him over to the post. 

Q. He was a soldier at the post?—A. Yes, sir. 

Q. A conscripted man at that time?—A. Yes, sir. 

(j. Do you know whether he had ever resided there before he was con¬ 
scripted, had ever resided across the bay?—A. No; he belonged here in town. 
Q. You had known him a good many years?—A. Yes, sir, 

Q. He always niade his headquarters here in town?—A. Yes, sir. 

<j. Do you know C. A. Edmund?—A. No, sir. 

<j. Do you know H. M. Lawrence?—A. No, sir. 

Do you know E. C. Reuter?—A. No. 

Q. Do you know .Terry T. Allen?—A. No. 

Q. Do you know Fete Tessitore?—A, No. 
t}. Do you know .Tohn Turner?—A. No. 

D. Do you know Charles Wyatt?—No. 

Q, Do you know .Tohn D. Chamberlain?—A. No. 

Do you kiiow li"rank Forker?—A. No, sir. 

Do you know .Tohn T. iMcEvoy?—A. No, sir. 
i]. T)o you know I’atrick IMcDermott?—A. No. 

<}. Do you know Frank Poore?—A, No. 
i]. Do you know Claude H. .Tames?—No. 
ii. T>o you know Eric Myhberg?—A. No. 

Q. A. .T. I*enttinen?—A. No. 

(N lOdward P. Cashman you know. Do you know Lyle D, Bi-own?—A. No. 
i}. A. E. Rucker?—A. Yes; I know him. 

(}. How long have you known A. E. Rucker?—A. Five or six years. 

(j. Do you know where his residence had been during most of that time?— 
A. I always under.stood it was Valdez. 

Q. Did he ever reside over in the Valdez Bay precinct, across the bay, except 
when he was stationed at the post?—A. Not to my knowledge. 

Q. You know, do you, that Mr. Rucker has been absent at the University of 
California a good deal of the time for the last few years?—A. Yes; he was 
going to school there. 

(j. And when he was home around Valdez where did he live?—A. With his 
mother, T think. 

(L And his nfother resides in the town of Valdez?—A. Yes, sir. 

Q. Do you know Sam Campbell?—A. Yes, sir; he is engineer on the Gov¬ 
ernment boat. 

Q. Ts he a soldier?—A. T couldn’t say whether he is a soldier; he is a 
civilian who has been on the boat six or seven years. 

Q. Do you know .Toseph Newman?—A. Yes, sir; he is fireman on the boat. 
Q. Do you know whether he is a soldier or not?—A. I do not. 

Q. Do you know A. .Tohnson?—A. No, sir. 

1). Do you know R. B. Hamilton?—A. No. 

Q. Fred C. Bretherson?—A. No. 
i}. A. .T. Davis?—A. No, 

(L Mrs. .Tames W. .Tohnston?—A. No. 

Q. .Tames W. .Tohnston?—A, No, 

TL George F. ITaker?—A, No. 

Q. W. S. Beck?—A. Yes; I know Beck. 

Q. What is he?—A. He is a civilian employed over at the post. 

Q. Has he been there for some time?—A. Yes, sir. 

Q. Several years?—A. Yes; quite a few years. 

<}. Do you know H. T, Anderson?—A. No. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 217 

Q. William N. Hoaring?—A. No. 

Q. Do you know Bruce Rider?—A. Yes, sir. 

Q. Has he any relatives or family here that you know of?—A. Yes, sir; 
he has a mother in town. 

Q. In Valdez?—A. Y^es, sir. 

Q. Have they lived here for several years?—A. Yes, sir. 

(). Do you know where Bruce Rider has been living the last few years?—A. 
I should say he was living here in Valdez until he was conscripted over there. 

Q. He was taken over there as a conscripted soldier last year?—A. Yes, sir. 

Q. Do you know I‘. S. Truckey?—A. No. 

Q. Do you B. Presley?—A. No. 

Q. Do you know W. T. Stuart and Mrs. E. P. Cashnfan?—A. Y^s, sir. 

Q. Was Stuart living over there at that time?—A. He and his wife were 
running the power plant there for the electric light people. 

Q. And Mrs. Cashman was living with you?—A. Y"es, sir. 

Q. Do you know of any civilians who voted at that election except yourself, 
Mrs. Cashman, W. T. Stuart, Sam Campbell, W. S. Beck, and .Toe Newman?— 
A. That is all. 

Q. All the rest of them, except those, were conscripted soldiers over there?—- 
A. Y’'es, sir. 

Q. Do you know how long they had been there?—A. I couldn't say that, but 
I understood that they were there over 30 days and were allowed to come over 
there to vote. 

Q. They came during the summer and early fall?—A, I couldn’t say; they 
said the.v had been there 30 days—that is the reason the.v went over to vote, 

Q. The tirst conscripted men went there in .Tune—about that time?—A. I 
didn’t pay much attention to what time they came. 

Mr. Ritchie. That’s all. 

Questions by .Tudge Wickeesham : 

Q. These men were not farmers or business men residing there—were any 
of these men engaged in any kind of business there?—A. Not around the post; 
I understood they were just conscripted men. 

Q. Have they ever been engaged in any kind of business or employment 
there?—A. I don’t understand it so. 

Q. They were all conscripted soldiers at the post?—A. Yes, sir. 

Questions by Mr. Dimond: 

Q. Do you know whether these men had been drafted in Alaska or not?—A. 
I understood they were, T wouldn’t say for certain, Init that is what I under¬ 
stood from the talk and what they told me. 

Q. They all came there from ditferent parts of this division?—A. Y"es, sir; I 
understood most of them came from Kennecott and McCarthy. 

Q. And a few from AYildez, like Rucker and Rider and Hartman?—A. Y’'es, sir. 

Q. Rucker and Rider and Hartman had all resided in Valdez to your knowl¬ 
edge for several years prior to lbl8, to election day?—A. Y’es, sir. 

Q. The town of Valdez is in a seiiarate voting precinct from the Valdez Bay 
precinct?—A. So I understand. 

By Mr. Ritchie: 

Q. The Valdez Bay precinct, the voting phice, was across the bay from the 
town of Valdez?—A. What they call the Granby mine. 

Q. The Granby mine is across the bay from Valdez, and the Fort Liscum 
military reservation or po.st is across the bay?—A. Yes, sir. 

Q. And these men were from Foi-t Liscum?—A. Y^es, sir, 

Q. The YYildez Bay precinct embraced the territory around YYildez Bay, except 
the incorporated town of Valdez?—A. Y>s, sir. 

(Witness excused.) 

Edward I*. Cashman. 

DEPOSITION OF MRS. E. P. CASHMAN. 

Mrs. E. P. cashman, being tirst duly sworn, testitied as follows: 

Examination by Mr. Ritchie; 

Q. Y^our name is Mrs, E. P. Cashman?—A. Y>s, sir. 

Q. How long have you lived in Alaska?—A. Twelve years. 

Q. Where were you living on the 5th day of November, 1918?—A. Over at 
the Granby. 


218 


WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. How Ions Bad yon been liviiis there?—A. Since the 3dth of Ansnst. 

Q. Yon ai‘e the wife of E. I*. Cashinan?—A. Yes, sir. 

(}. Did yon vote at the election of November 5, 1918, for Delesnte to Con- 
Sress?—A. Yes, sir; I did. 

Q. For whom did yon vote?—A. That I can’t remember. I didn’t pay much 
attention to it and can’t say for certain whether I voted for IMr. Wickersham or 
Mr. Snlzer. I can I’ememher the last election, but I can’t remember that. I 
have tried the last couple of days to see if I conld remember, hnt I didn’t pay 
mnch attention to it. I know I went down and voted. 

Q. Did yon talk to Mr. Cashman about votin.s beforehand?—A. I did not. 

(}. Yon just went to the polls?—A. I jnst went to the polls and took a ticket 
and voted. 

Q. Are yon acquainted with these soldiers; do yon know any of them?—A. 
No; except Kncker and Rider. 

Q. Do yon know where they bad lived prior to going into the military service 
at the post?—A. Yes, sir. 

Q. Wbei*e?—A. Valdez. 

(^. Yon had been well acquainted with them for several years?—A. Yes, sir. 

(Witness excused.) 

Mrs. E. R. C.vshmax. 

DEPOSITION OF .JAMES m’HIE. 

.JAMES McHIE, being first duly sworn, testified as follows: 

(}ne.stions by Mr. Ritchie : 

Q. Yonr name is James ]McHie?—A. Yes, sir. 

Q. How long have yon lived in A^aldez?—A. About 18 or 22 years; 18 years 
steady, yon might say. 

Q. Were yon a resident of the town of Valdez, and a legal voter therein, on 
the 5th of November, 1918?—A. I was. 

Q. Did von serve as one of the judges of election on the 5th of November, 
1918?—A. I did. • 

Q. From yoni' length of residence here yon are pretty well acquainted with 
the i)eople of this town, are yon?—A. Yes, sir. 

Q. It is not a large town?—A. No. 

Q. Were yon one of the judges at the primary election held in the Territory, 
and at Valdez, on the 8()tb of A{)ril, 1918?—A. Yes, sir. 

Q. AVere yon acquainted with many or most of the Signal Corps and Quarter¬ 
master Department soldiers stationed in A'aldez at that time?—A. I was, and 
I am. 

Q. At that election, when tickets were given to persons to vote, were they all 
on one ballot or were they separate ballots for persons of the different political 
parties?—A. Separate ballots. 

Q. That is according to the Territorial law—the names of Republican candi¬ 
dates were printed on the Republican ballot. Democratic candidates on the 
Democratic ballot, and the Socialist candidates on the Socialist ballot?— 
A. Yes, sir. 

Q. Each a separate ballot?—A. Yes, sir. 

(}. And what was the custom when a voter came iqj to the judges and asked to 
vote?—A. I asked him what ticket be wanted—Democratic, Republican, or 
Socialist. 

Q. And on bis stating what be wanted-A. On bis stating what be wanted 

be got the ticket. 

Q. Did some of the Signal Corps and (iiiartermaster employees vote at that 
election?—A. They did. 

(^. Did Mr. Noaks vote—Air. Richard H. L. Noaks?—A. Yes, sir. 

Q. Was be a memlier of the Signal (’orps?—A. Yes, sir. 

Q. Do you know what ticket be voted?—A. Democratic ticket. 

Q. The record shows that—it is shown by the certified record. Is this, as far 
as yon are able to determine, a substantial copy? Do yon believe it to be a trne 
copy of the list of voters who voted at that election [banding book to witness] ? 

Air. Ritchie. We will offer that in evidence after yon have examined it, 
Air. Dimond. 

Air. Dimond. I don’t think I have any objection to it; it is certified by the clerk 
of the court. 

(The book is offered in evidence, marked “ Exhibit A”; is attached hereto and 
made a part hereof.) 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 219 

Q. Can you say whether or not the soldiers who voted here asked for a 
Democratic or Republican or Socialist ticket?—A. A Democratic ticket. 

Q. Did any of them ask for a Republican ticket?—A. No, sir. 

Q. Did any of them ask for a Socialist ticket?—A. No, sir, 

Q. Who was the Democratic candidate at that time?—A. Charles A. Siilzer. 

Q. Do you know who was the Republican candidate at that time?—A. Judge 
Wickersham, 

Q. This was at the primary we are talking about?—A. Yes, sir; Sulzer and 
Maloney, I think, were the Democratic candidates, 

Q, Sulzer and ^laloney were the Democratic candidates and Judge Wicker- 
sliam was the Republican candidate?—A, Yes, sir, 

Q, Did you notice any of the Signal Corps boys, one or more of them, taking 
an active i)art in getting voters out to vote at that primary?—A, Yes, sir. 

Q, Who?—A, Noaks, 

Q, Richard Noaks?—A, Yes, sir, 

Q, Did you hear him make any statements at that time?—A, 1 heard him 
say, “ I guesjf we will carry the day,” and I says, “ Go to it,” 

Q, Did the wives of any of those soldiers vote.—A. Yes, sir. 

Q. Do you remember any one particularly?—A. I don’t particularly; 1 

noticed different ones. 

Are you acquainted with Mrs. Faust, the wife of Capt. Faust?—A. Yes, 
sir; she did. 

(}. What kind of a ticket did she vote?—A. A Democratic ticket. 

Q. Do you know Mrs. W. J. Cuthhert?—A. Yes, sir. 

Q. What ticket did she vote? Did she vote?—A. I think she did. 

Q. What ticket did she vote?—A. Democratic ticket. 

Q. Did :Mrs. Donald H. Tyer vote?—A. She did. 

Q. She wasn’t Mrs. Tyer at that time—did Miss Ruth Selby vote?—A. She 

<lid. 

Q. At the election did IVIrs. Tyer—she was then Mrs. Tyer—November 5, 
1918?—A. She did. 

(2. Did Mrs. Cuthhert vote?—A. She did. 

Q. Mrs. Faust?—A. Yes, sir. 

(}. Now did you hear about the time of the election or for a little time 
l)efore any statements as to how the Signal Corps men were going to vote?—A, 
I heard it remarked in the buffet that they were going to vote for Sulzer. 

(}. Did you hear it more than once?—A. I heard it two or three times. 

Q. Did you hear a general declaration that they were all going to vote for 
Sulzer?—A. Not all l)ut they said the Signal Corps hunch, they put it in that 
way—the Signal Corps hunch were going to vote for Sulzer. 

Q, Did you talk to any of the boys themselves about it or hear them talk¬ 
ing?—A. Nh); I did not. 

Q. Do you know Mr. C. W. IMossman?—A. I do. 

Q. He is a deputy United States marshal now -and has been for several 
years?—A. Yes, sir. 

Q. How long have you known him?—A. For 8 or 10 years. 

Q. Was he a resident of the town of Valdez on the 5th of November, 1918?— 
A. No. sir. 

Q. Do you know wliere he had been residing for some time before that?—A. 
Anchorage. 

Q. Do you know IMrs. Mossman, his wife?—A. I do; that is I know her as 
liis wife, that is all. 

Q. Had she been living in the town of Valdez for some time before that?—A. 
No, sir. 

Q, They voted at the election, did they not?—A. They did. 

Q. To refresh your memory—I will ask you if you have any recollection that 
I persomilly challenged the vote of Mr. and Mrs. Mossman in the forenoon of 
election day—do you remember that?—A. I do. 

Q. On the ground that they resided at Anchorage?—A. Yes, sir. 

Q. And after some discussion of the law and calling the attention of the elec¬ 
tion board to the fact that the Territorial practice or law allowed any person 
qualified to vote in the Territory to vote in any precinct in his judicial di¬ 
vision, but the congressional law governing the election for Delegate required 
each person to vote in his own precinct where he had resided for at least 30 
days before the election, that the board agreed they would follow the Terri¬ 
torial law and allow everybody to vote that resided in the third division; is 
that correct?—A. Yes, sir. 



220 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. And it 'is true tliat I thereupon withdrew my objection, and Mr, and Mrs. 
Mossman voted?—A, Yes; you did, and we allowed them to vote. 

Q. Was there any (piestion I'aised about any other voters from out of town?— 
A. One man, I forget his name now, from the Kuskokwim, I think it was. 
He was a big fellow. He made a kick, hut I wouldn’t let him vote, and he 
came back, and when we decided'to let Mossman and Mrs. IMossman vote— 
they weren’t residents of Valdez—we said, this fellow is in the division and 
he isn’t a resident here, hut if we let them vote, he is entitled to vote; and he 
came hack in the afternoon find voted, 

Q. Do you remember a colored man named Marshall, from Anchorage?—A. 
Yes, sir. 

(}. Did he vote?—A. Yes, sir. 

Q. The question came up about his residence in Anchorage at the time?—A. 
Yes, sir, 

Q. And he was asked about it?—A. Yes, sir. 

(}. And said he resided at Anchorage?—A. Yes, sir. 

Q. Do you remember a man named McCullough?—A. I think that was the 
Irishman ; I don’t know, * 

Q. If you don’t remember, I won’t ask you to testify.—A. No; I do not. 

Mr. Ritchie. That is all. 

Questions by Mr. Dimond : 

Q. Do you recollect the approximate number of men and women, the ap¬ 
proximate number of voters, who were not residents of this precinct, the Valdez 
precinct, who voted at the 1918 election? Were there any others except tho.se 
that Mr. Ritchie has called your attention to? I refer to the November 5, 
1918, election.—A. No; I don’t know any others; I remember Mossman and his 
wife and this fellow and the colored man. 

Q. After ]Mr. Ritchie withdrew his challenge to the votes of Mr. and Mrs. 
Mossman, were any of those other people challenged after that by anybody?— 
A. No. 

Q. You and the other members of the board simply decided it and ruled 
that all voters otherwise qiuilified who w'ere residents of the division could 
vote at this precinct, although they had not been here 30 days?—A. That is 
what we did. 

(.}, And that was the universal policy followed fit that election?—A. Before 
we made any rules at all we were going to abide by the congressional law; 

I said, we were going according to the law, and anyone who wasn’t entitled 
to vote wasn’t going to vote. The other two judges, both Democratic judges, 
of course, they said, all right, and when I challenged this fellow, I wouldn’t 
take his vote, this Irishman, why they didn’t know whether it was right or 
not. I said, you have got to come to an understanding now; either abide 
by one law or the other and all stand together, take one cour.se or the other, 
and we read the instructions over and I said, what are we going to do, and 
in came Mr. and Mrs. Mossman, and Mr. Ritchie got up and made his talk, 
and we let them vote. Then I said, according to that, if Mossman and Mrs. 
Mossman can vote, then this fellow that didn’t vote is entitled to vote just 
as much as they are, and then I said, there has got to be an understanding 
what we are going to do, let them all vote or challenge them. 

Q. And as a re.sult they all did vote?—A. Yes; as a result they all voted. 

Questions by Mr. Ritchie; 

Q. As a matter of fact, the board, after some discussion, after my state¬ 
ment, came to that agreement?—A. Yes, sir. 

Q. And then after they did agree that they would let everybody who was 
entitled to vote in the third division vote here, I withdrew the challenge to 
Mr. and Mrs. Mossman?—A. Yes, sir. 

Q. Do you remember how many nonresidents of the precinct voted?—A. Yes. 
There was Mossman and his wife and this Irishman and Mrs. Janies Mitchell. 

Q. And Jim Mitchell?—A. No; I don’t think Jim was here. 

Q. The record shows James Mitchell voted. 

The Witness. They lived down here at Gold Creek. 

Q. How long had they lived there?—A. They had lived there for three or 
four years, and their voting place should be over at the Granby. 

Q. If the record shows that Mitchell did vote at this election, then your 
memory is at fault?—A. Yes; I don’t remember whether he voted or "not, 
but I know she voted at this election sure because there was an argument 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 221 


caine up, and I said she wasn’t a resident of town, and she said she was 
entitled to vote here, and she finally voted. 

Q. Do you know Bruce Rider?—A. Yes, sir, 

Q. Have you Imown him for several years?—A. Three or four years. 

Q. Do you know wlietlier he was an enlisted soldier over at P^'ort Liscuni 
last fall, a conscripted soldier?—A. Yes, sir. 

Q. Whei'e was his home for several years prior to that time?—A. He has 
always made his liome with his mother and father over here and at the 
hotel, when they had the hotel here. 

Q. That is, a home in town? They have a home in town?—A. Yes, sir. 

Q. And have had for several years?—A. Yes, sir. 

Q. That is, in the town of Valdez?—A. Yes, sir; in the town of Valdez. 

Q. Do you know A. K. Rucker?—A. Yes, sir. 

Q. Do you know where his home has been for several years?—A, With his 
mother over here. 

Q. Where does his mother live?—A. She has a hoarding house up here. 

(-2. In the town of Valdez?—A. In the town of Valdez. 

Q. And had she resided here several years at this time?—A. l"es, sir. 

Q, And has Mr. Rucker resided with his mother whenever he has been at 
home?—A. Yes, sir. 

Q. Plxcept when he was over at Fort Liscum?—A. Yes, sir. 

Mr. Rttchie. That is all. 

(Witness excused.) 

James McHie. 

DEPOSITION OF E. E. RITCHIE. 

IMr. Ritchie. I have been sworn and desire to make an additional statement. 

K. E. RITCHIE, recalled: 

I have known C. W. Mossman since I came to Valdez nearly 12 years ago. 
He resided in this town continuously until probably a couple of years ago, when 
he went to Anchorage as deputy marslpil in charge there, and I have been in 
Anchorage twice or three times, twice at least in 1917 and 1918, and found Mr, 
IMossimin residing there in charge of the marshal’s office in the town of Anchor¬ 
age. That I was there last August and was at the house of Mr. and IMrs. Moss- 
man several times, and that was their residence and it was well understood. 
At the time I challenged their votes here, Mrs. Mossman didn’t say anything. 
Mr. IMossman didn’t claim to he a resident of Valdez, but claimed the right to 
vote here under the territorial law because he lived in this division. 

I am well acquainted with Mr. A. E. Rucker and Bruce Rider, and have been 
for at least six or eight years, since both of them were hoys in school. Mr. 
Ruckers’ mother has resided here during all that time and he has resided with 
her in the town of Valdez except when he has been absent at the University 
of California at Berkeley, as he and his mother have stated to me, until he 
was inducted under the conscription law into the service in the summer of 1918, 
when he was over at the post from that time until he was discharged in the 
winter. I saw him frequently in town and his only business at the post was as 
a conscripted soldier there. 

Bruce Rider also has always made his home with his parents in this town, 
except he has been away a good deal; he has run on launches and for a while 
worked at Latouche, hut his parents resided last year at the time of the elec¬ 
tion and for quite a time before in Valdez, and he made his home with them 
when he was in town, except when he went over to Fort IJsciim as a soldier. 
Neither of the hoys ever lived or made their home in the Valdez Bay precinct 
except when they were at Fort Liscum as conscri])ted soldiers while they were 
in the service there. 

I have known James E. Mitchell and Mrs. Mitchell for somewhere from 7 
to 10 years; they used to live in the town of Valdez, hut they have been living 
down at Gold Creek, about G or 7 miles west or southwesterly of town; made 
their home there for at least two or three years and I think longer. They both 
voted in the precinct here, and I was present when they voted; happened to he 
standing around the polls and distinctly remember, because I questioned some¬ 
body as to how they were going to vote. 

In the list of voters in the town of Valdez I find No. 78 at the election of 
November n, 1918, Mrs. C. O. Brauer. Mrs. Brauer is the wife of an employee 
of the Granby mine, who then and for two or three years before had resided at 
the mine—not at the dock on the beach, which would be the same thing, but 


222 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


resided at the mine—about 5 or G miles from Valdez I>ay and the \ aldez Bay 
voting i)recinct. It is further my opinion that Mrs. Brauer is a Canadian, be¬ 
cause tliey came from Canada here. Mr. Brauer I think yet is In the employ 
ot the coinpany, but IMrs. Brauer iuis gone to Canada where her husband ex¬ 
pects soon to follow; whether she was an American citizen or not, she was not 
a resident of the town of Valdez at that time and never had been. 

Questions by .Judge Wickersham : 

Q. What do you know of the politics of Mossman?—A. I don’t positively 
know his politics, but I know he was voting for Sul 2 ^er. 

Q. ^\'honl was he employed by?—A. By the ITnited States marshal for the 
third division of Alaska, who is a Democrat. He has been in the marshal’s 
otlice for at least three or four years; he was in Valdez for a year or two before 
he went to Anchorage. 

Q. Do you know of anybody connected with the marshal’s ollice that sup¬ 
ported the Ilepuhlican candidate in any way?—A. I don’t think so; I didn’t 
talk to all of them, hut most of them talked to me and stated their intention 
to vote for Sulzer. I was on excellent terms with all the men in the marshal’s 
office. 

Q. All of the officials here are Democrats?—A. There are three or four 
Republicans in the courthouse, but each and every one I talked to, and I talked 
to nearly all of them, said to me, either before election that he was going to 
vote for Sulzer or after election that he did vote for Sulzer, including Mr. 
Hamburger, the court reporter present. I wouldn’t say every man in the mar¬ 
shal’s office told me he was for Sulzer, but nearly all of them did. 

I wish to testify further as to Fred C. Bi-etherson, whose name appears as a 
voter in the Valdez Bay precinct. I have known him for two or three years. 
He was town marshal of the town of Cordova until he was inducted into the 
service as a conscripted soldier about .Tune or .Inly, 1918, and he was at Fort 
lAscum solely as a conscripted soldier and remained there until he was dis¬ 
charged about the middle of the winter, when he went back to Cordova. That 
was true of all those soldiers there, as far as I personally know them—that 
was true of all of them; I would say that as to personal knowledge as to part 
of them and common notoriety as to all. 

(}. Are there farms over there?—A. No farms; the only employment they 
could get around there, in the Valdez Bay precinct, would be as civilian em¬ 
ployees at the post, and none of them, except those named by IMr. Cashman, 
were civilian employees, IMr. Campbell and Mr. Beck, or they could have l)een 
working in the electric-light plant for the Electric Light Co., which has two 
light plants, what is known as the upper and lower plants—two or three men 
and women were working at each place—or they could have been em])loyed by 
the Granby mine, which at that time was a.bout to shut down and had only a 
watchman, IMr. Brauer, up to the mine, which is 5 miles from the bay ; and then 
there were three or four i>ersons connected with the mine living in houses 
close to the bay, about a mile from Fort Liscum, but none of those appear to 
have voted. Mr. Palmer Cook, the superintendent of the mine, is a Canadian 
and did not vote. 

Q. Who are the election officers named on that list on November 5 at Valdez 
Bay precinct?—A. The election officers were Edward P. Cashman, who has 
testified here; A. E. Rucker, who was a resident of the town of Valdez; and 
Lysle D. Brown, of IMcCarthy. I know that Mr. Brown resides at ^McCarthy, 
because I am one of his attorneys in a (*ase which he has in court, and Mr. 
Dimond is on the other side, and I have had occasion to converse with IMr. 
Brown several times in which he distinctly stated—I don’t sui)pose he stated 
it in so many words. I live at McCarthy, but discussed tbe fact in such a way 
that there was no other implication to be drawn from it. He has been living 
up there for several years. 

Q. He was here at Fort Liscum as a conscripted soldier?—A. He was here 
at Fort Liscom as a conscripted soldier and went back to IMcCarthy when he 
was discharged along in the winter; I don’t know what his politics are; I 
never asked him and ho never told me. 

Q. What are Rucker’s politics?—A. Rucker is a Democrat and he so stated 
to me but he never said to me how he voted at that election. I don't know. 

Questions by Mr. Dimond ; 

Q. Brown has been a resident of Alaska for several years?—A. I thiidc so 
from the fact that he has been doing business at McCarthy for several years. 

I never knew him until he came to my office, after he came to Tdscum. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 223 

• that suit show, do they not, that he was at McCarthy 

in the fall of the year 1917 and the cause of action arose in the fall of the 

year 191 < and tlie winter of 1917-18?—A. Yes, sir. 

(}. And Fred Kretherson, do you know whether or not lie lias been a resident 
^^^^taska for some time? A. I liave known him in Cordova two or three years. 

Q. And as far as you know Alaska has been his residence?—A. I liave no 
doubt about that; he was conscripted from Cordova—that was his residence. 

Q. The same way with James Mitchell and Mrs. Mitchell, they have resided 
in Alaska for quite a number of years?—A. They have resided in and around 
\ aldez to my knowledge for nearly 10 years; possibly longer. 

Q. The point you desire to make is, they were not residing in the Valdez 
voting precinct?—A. They were living in a little house they have near the 
mouth of Gold Creek, 5 or 6 miles down the bay. 

Q. That is in the Valdez Bay precinct?—A. That is in the Valdez Bav pre¬ 
cinct, and they were clearly entitled to vote there. 

Q. And Rucker and Rider have resided in Valdez or in Alaska for quite 

a numher of years?—A. I never knew them except in Valdez, and I have 

know them six or eight years. There is no question that they were entitled to 
vote in the town of Valdez. 

Q. You at first intei-posed a challenger to the votes of Mr. and I^Irs. Moss- 
man?—A. Yes, sir. 

Q. And you propounded questions to Mr. McHie?—A. Yes, sir. 

Q. And afterwards when the hoard made a ruling that ali persons might 
vote, all persons who had resided in the division for the required iength of time 
and were residents of Alaska could vote although they had not been 30 days 
in the precinct, when the hoard made that ruling you withdrew your chal¬ 
lenge.—A. Yes, when Mr. and Mrs. Mossman came in, they asked for tickets 
and were given them. I immediately challenged their votes on the ground 
that they resided in Anchorage and not in the town of Valdez, and in the 
meantime Mrs. IMossman had gone into the booth with her ticket and INIr. 
Mossman made no reply to my statement that he lived in Anchorage. Mr. 
Mossman and I are very close personal friends, and then I made this state¬ 
ment : I would be very sorry to see Mr. and Mrs. Mossman lose their votes, 
oecause they have been kept away from home by the failure of a steamer to 
arrive to take them hack to Anchorage, but under the law, they are not en¬ 
titled to vote. However, the Territorial law provides that any person may 
vote in any precinct of the judicial division in which he resides. Under that 
law Mr. and INIrs. IMossman, as well as several other persons in the town, are 
entitled to vote. I want to be fair about this and ask the board to make a 
ruling whether they will proceed under the Territorial law or under the 
congressional law, which I think is the proper wa.v, and there was consider¬ 
able discussion, Mr. McHie doing most of the talking, and finally I said: 
l.et us vote any person belonging to this part of the country and I said, if the 
board will do that, I will withdraw the challenge, and they nodded at each 
other and I withdrew the challenge. 

(^. And you didn't chailenge anybody else?—A. No. 

(}. And at that time you were in a measure representing the Republican 
ticket?—A. Trying to; yes. 

Questions by Judge Wickersham : 

(}. The Territorial law would undoubtedly be good as far as the election of 
an attorney general is concerned, a Territorial officer?—A. That is my opinion 
as a lawyer. 

. Q. But .your opinion as a lawyer was that it did not repeal the United States 
statute with respect to the election of Delegate to Congress?—A. No; I stated 
to the board the provision in the organic act creating the Territorial Assembl.v 
of Alaska, which provides that the time of the election for Delegate after the first 
election in August shall he in November, and that the election shall he governed 
in all other respects by the law of May 7, 190(1, and it was my opinion that 
the Territorial legislature had no right to add anything to the congressional 
requirements. 

Q. As a matter of fact, the Territorial legislature was not forbidden to pro¬ 
vide for the election of Territorial officials in any way it pleased by the law?—■ 
A, No; it was not. 

Q. But when it came to the election of a Delegate to Congress, it is forbidden 
from changing the laws of the United States for the election of that officer?—• 
A. That is my opinion as a* lawyer. 

Mr. Wickersham. That’s all. 


224 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


(Questions by Mr. DIMO^'D: 

(i. Do you know wluit rule was followed in other precincts around here rela¬ 
tive to permitting those persons to vote who hjnl not been in the precinct 30 
days; for instance, do you know what the rule established at Cordova was?— 
A. I am not sure, but I think I have heard they allowed men there outside of 
Cordova to vote; I believe I have l)een told that, but I am not positive. I 
don’t know about any other precinct but that, but I think I have been told they 
allowed men jj;oing tlirough to Fairbanks to vote in Cordova. 

E. E. Ritchie. 

(Witness excused.) 

.Tudge WicKEKSHAM. Mr. Diniond, the two witnesses, Mr. Tyer and his wife, 
seem to have left the .iurisdiction before they signed their depositions. Are you 
willing to agree that the depositions may stand without their signatures as 
taken down and written out by Mr. Hamburgei-, the court stenographer? 

IMr. Dimond. Yes. I want to read it over and have the privilege of calling 
any matter to the attention of the reporter. 

.ludge WicKERSiiAM. Very well. 

The Notary. The stijmlation is agreed to l)y both sides. 

.Tudge WicKERSHAM. I desire to be sworn. 

DEPOSITION OF JAMES WICKERSHAM. 

.TAMES WICKERSHAM. tbe contestant, called and sworn as a witness in his 
own behalf, testified as follows: 

Examination by Mr. Ritchie: 

Q. Your name is .lames Wickersham?—A. Yes, sir. 

(). You may proceed with your statement.—A. My name is .Tames Wickersham ; 
I am ()2 years old; I am a resident of Fairbanks, Alaska, a citizen of the United 
States, and was a candidate for Delegate to Congress at the election of November 
5, 1918. Thei‘e were three candidates for that office at that time, and subse¬ 
quently therf" was consideralde (luestion as to who was elected, and on April 
1.^). 1919, Charles A. Sulzer died on his way from his home at Sulzer, Alaska, 
to Ketchikan. Mi*. Sulzer was the Democratic candidate for Delegate to Con¬ 
gress from Alaska against me at the election of November .5. Two days after 
IMr. Sulzer’s death the certificate of election was issued liy the canvassing board 
in Mr. Sulzer's name and forwarded to Washington and filed. 

I immediately began the preparation of papers in contest. Under the statute 
service must be made upon the contestee, who in that case was Mr. Sulzer; but 
IMr. Sulzer was dead, so I i)repai'ed my notice of contest very fully and swore 
to it on IMay .3, 1919, before a notary public in .Tuneau, the capital of Alaska, 
and inclosed the original cojty in the United States mail, by registered mail, 
dii-ected to the Clerk of the House of Representatives of the Sixty-sixth Con¬ 
gress. Washington, D. C. That copy was received in the office of the Clerk of 
the House of Representatives some time about the 16th of May, and it was 
filed as of that day; how long before that it was received I don’t know, but it 
was tiled <»n the 16tli of May. 

Thereafter, on the 2d day of .lune, the Clerk of the House of Representatives, 
by an official l:‘ommunication, forwarded that notice of contest to the House of 
Representatives, to the Speaker, and the Speaker laid it before the House of 
Rei)resentatives. and it was by the House ordered to be filed and printed, and 
it became House Document No. 74, Sixty-sixth Congress, first session. 

After having begun my contest in the only pi*actical way that it could be 
begun. I undertook to take evidence in support of the allegations made, but found 
a great deal of difficulty, because the rules adopted by the House of Repre- 
.sentatives in former statutes required notice of the taking of the evidence to be 
made ui)on the contestee. who was dead, .so it was impossible for me to give 
notice to him. I did the only thing I could do under the circumstances and 
that was to take my evidence in the form of affidavits, which I did, following 
the form of procedure adoi)ted by the statutes for the control of contested elec¬ 
tions. I would go before a notary public and have him issue subp(enas to the 
witnesses when I could; when I could not I would take their statements in the 
form of affidavits. Among other efforts I made along that line was in the town 
of Valdez, to take the depositions of certain soldiers in the Regular Army of the 
United States, who were either in the Signal Corps-or in the Quartermaster’s 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 225 


Department, stationed here, and as to them I sonj^ht to take their depositions by 
applyinj^ for siihpcenas before a notary public, giving them notice and bringing 
them before him for hearing, so as to give a public examination of the matter 
as far as possible. 

I want to go back a little in my statement of this matter to the contest of 
1916. In the contest of 1916 a large number of soldiers, including Signal Corps 
men, bad voted at Fort Gibbon, Fairbanks, in the city, and at Valdez. In the 
contest which I brought with respect to that election these facts were set np 
by me and very general i)ublic notice was given tbroiighont the territory of the 
invalidity, at lej.st of my challenge to the validity, to the right of these sol¬ 
diers in the Uegnlar Army, who had not enlisted in the Territory of Alaska, to 
vote. The matter was brought S(inarely before the House of Representatives 
and before the Committee on Flections in that contest, and the committee sus¬ 
tained my contention. The Sixty-tifth Congress was a Democratic C<mgress— 
that is, a majority of the ^Members were Democrats—and they had control of its 
organization, including the Committee on Elections, before which this contest 
was tried, and the committee unanimously held that an enlisted soldier in the 
Army of the United States who had become a soldier in one of tbe States and 
had been ordered to the Territory of Alaska by his superior oihcers for service 
here did not acquire, while he resided in the Territory of Alaska, any residence 
here which enabled him to vote, and that committee unanimously threw out or 
discarded and refused to count some 45 votes of these Regular Army soldiers,, 
including tlu* Signal Corps men that were then named, and reduced the vote 
that much in proportion. 

I had great uilticidty at Fairbanks and Fort Gibbons in tbe 1916 election 
to get these nun to testify. They were friendly to the Democratic oliicials 
and Mr. R. F. Roth, the United States district attorney at Fairbanks, gave 
them advice, and, in fact, he is the man who first instructed them to vote, as 
that record di.^closed very fully. The Democratic organization at Fairbanks 
undertook to represent these men at Fairbanks and Fort Gibbon and employed 
a man l)y the name of IMcDonald, who was then one of the game wardens and 
a Democrat, to go to Fort Gibbon to represent tbem and they were instructed 
all along the line not to testify. Most of them refused to testify in the 1916 
contest. Some of them were not cowardly about it at all and smilingly ad¬ 
mitted that they voted for Mr. Sulzer and one of them only admitted that 
he voted for me. 

The Democratic organization has at all times, in the 1916 contest and in this 
contest, supported these men in their refusal to testify. 

I came here in May. On May 14 I undertook to get the testimony of such 
Signal Corps men as had voted illegally here in Valdez, and I went before 
.fudge Brown and asked for a subpcena against them under the statute, but 
.Judge Brown was a very sick man then and is yet, and asked me to go before 
a notary public, who had the same authority in the matter that he did and 
I did so'. I went before Mr. Isaac Hamburger, who is the stenographer in the 
United Stiites district court under .Judge Bi\)wn, and who is also a notary 
public and asked him to issue subpoenas, give notice to these men, and have 
them brought l)efore him to testify and left the matter with my attorneys. Mr. 
A. .1. Dimond, of the firm of Donohoe & Dimoml, attorneys at law of Valdez, 
Alaska, appe rel for the soldiers and instructed them not to testify and de¬ 
nounced the proceedings very bitterly, said it was a fraud upon the law and 
all that, and the result was that none of them testified before the notary 
public at that time. 

Before I did that I made a personal appeal to the men by writing them a 
letter and asking each of them to make a voluntary statement, so as to get the 
truth into the record without the dilliculty which I readily api)reciated on 
account of th ‘ death of IMr. Sulzer. I felt that the death of Mr. Sulzer ought 
iiot to prove ' leem from making a voluntary statement, so that the omtier 
co\dd be i)resented to Congress, and in view of that I wrote each of the Signal 
Corps men iK're in Valdez who had voted illegally at the November 5, 1918, elec¬ 
tion this letter; 

Valdez. At.aska, May 8. 

Dkai’. , Herewith I inclose a blank form of an afiidavit which you are 
requested to sign and verify before Arthur I.ang, clerk of the United States 
district c< u '<'Se ollice is in the court house, next door to the cable ollice, 
where your headqmu-ters are. If the affidavit does not correctly designate the 
candidate lor whom you v'oted at the Federal election on November 5, 1918, 

151279—20—15 


226 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


have it corrected by INIr. Lan?:, by the insertion of the correct name. I will pay 
the fee cluir^ed by the clerk for the verification. 

My piiri^ose in asking yon to sign and verify this aflidavit has been fully and 
otiicially explained to Col. Lenoir, your coinnianding olbcer at Seattle, and to 
Oapt. Faust, and a copy of my telegram of explanation to Col. Lenoir, dated 
April 21, 1919, and bis answer thereto, dated April 22, 1919, are herewith in¬ 
closed. 

I shall call and inter^iew you personally, as suggested by Col. Lenoir’s tele¬ 
gram, and request you to kindly act promptly in the matter, for I am limited 
by the United States laws and the infrequent steamer service, and wish to get 
your final action as soon as possible. 

Uespectfully, 


.Tames Wickeesham. 


At the same time I sent with that letter to each one of these men copy of 
an affidavit which is as follows: 

Territory of Alaska, 

rrecinct of -, ss: 

-, being duly sworn, deposes and says: That he is a soldier in the 

Itegular Army of the United States, and is now stationed at - Alaska; 

that he enlisted in the said United States Army at -, in the State of 

-, on the-day of-191—; that at no time prior to his enlist¬ 
ment as aforesaid was he a resident within the Territory of A'aska, and that 
after his enlistment in the Regular Army he came to Alaska as a soldier in 
such Army, and that his stay in the Territory of Alaska has been as a soldier in 
the Army as aforesaid; that he was stationed in Alaska as such soldier on the 

-5th day of November, 1918, at-, Alaska; and that he was advised that luj 

could vote at the general election held on that day for a candidate for Delegate 
to Congress from Alaska, and that, acting upon such edvice, he did so cast his 
vote on that day at said general election and voted for Charles A. Sulzer as 
such candidate for Delegate to Congress at the regular polling place in the 
-voting precinct, Alaska. 


Subscribed and sworn to before me this-day of-1919. 


Notary Public for Alaska. 

]\Iy commission expires-. 

I visited the office of the Signal Corps every day in sending telegrams, etc., 
but not a single one of these Signal Corps men responded to my letter or ac¬ 
knowledged its receipt, nor did anything except glare at me with an unfriendly 
air, and they all refused to do anything. 

Then I made by appeal to .Judge Brown, and on May 9 I presented the 
following petition to Judge Brown, which I will read: 

Hon. F. M. Brown, 

Judge District Court of the United States, Third Division, 

Valdez, Alaska. 

Comes now James Wickersham, contestant, and applies to Hon. F. M. 
lirown, judge district court of the LTnited States, third division, Valdez, 
Alaska, to issue a subpeena to the following-named witnesses and therein direct 
their attendance l)efore said judge on Wednesday, May 14, at the hour of 10 
o’clock in the forenoon, at a place to be named in the subpoena, in the town of 
Valdez, in order to be examined respecting the said contested election. The 
names of said witnesses are Harry Shutts, IM. H. Faust, Emil Lains, Alex. A. 
Kott, Charles A. Agnetti, W. J. Cuthbert, Mrs. W. J. Cuthl)ert, D. H. Tyer, 
Mrs. Donald H. Tyer, T. F. Griffith, Burr M. Snyder, Ike A. Beal, Howani G. 
Clifton, William R. Rogers, Harlan Van Wyck, C, R. Odle, O. Rosenblad, and 
F. R. Brenneman. Said witnesses are now within the town of Valdez and in 
this congressional district. 

Dated and signed at Valdez. Alaska, this 9th day of May, 1919. 

James Wickersham, Contestant. 

At the same time I presented to Judge Brown a form of subpmna which I 
desired him to sign, addressed to these soldiers and their wives, which .Fudge 
Brown declined to sign. 
















WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 227 


After Jud^u’e Brown’s refusal to consider the matter I applied to the stenog¬ 
rapher and lie did sign a snhpcena to these men and they were brought before 
him as notary public. 

Under the subpiena issued by Mr. Hamhurger these men and Mr. Dimond, 
their attorney, appeared before Mr. Hamhurger on INIay 14, 1919, at Valdez, 
and then ]Mr. Dimond instructed them not to testify. The record of that pro¬ 
ceeding was made by ]Mr. Hamburger officially and forwarded to the Clerk of 
the House of Representatives and was published by the Clerk in a public doc¬ 
ument, and I now offer in evidence the statement of what occurred before IMr. 
Hamhurger, notary public, in attempting to take these depositions on May 14, 
1919, in the town of Valdez, Alaska, as shown in that public document be¬ 
ginning on iiage 28, for the purpose of showing the persistent refusal of these 
men and their Democratic advisers to give evidence in this case at any time, 
and their names and purpose, and ask to have the stenographer copy those 
pages into this record, leaving out the testimony of IMr. Breimeman. The 
effort to get the testimony here was a total failure because of the advice of 
their attorneys. Donohoe ifc Dimond. 

]Mr. Dimond. I have no objection to that record going in, but I want every¬ 
thing to go in that happened on that particular occasion. 

IMr. Wtckeksham. I offer all of it except the testimony of Mr. Brenneman, 
which has nothing to do with the matter at all. 

Mr. Dimond. I want it all to go in, whatever happened on that occasion. 

The Notaey. You may introduce any part of the record that is not intro¬ 
duced, as part of your cross-examination. 

Mr. WicKEKSHAM. IMi’. Reporter, please copy those pages into the record. 

“ Valdez, Alaska, May Iff , ] 919 . 

“ Be it remembered that imrsiiant to the application of James Wickersham, 
contestant, and the subpoena issued in compliance therewith, originals of which 
are attached hereto and made a part hereof, with the return of the Uniteil 
States marshal on said subpoena, a hearing in the above-entitled matter was 
had before me, Isaac Hamburger, a notary public in and for the Territory 
of Alaska, residing at Valdez, Alaska, at the courthouse in the said town of 
Valdez, Alaska, on Wednesday, the 14th day of May, 1919, at 10 o’clock in the 
forenoon of said day, when the following proceedings were had and done, 
to wit: 

“The Notary. IMr. Reed, do you represent Mr. Wickersham? 

“ IMr. J. I.. Reed. Yes; I represent James Wickersham and am ready to pro¬ 
ceed. I will excuse the following two witnesses, Capt. M. H. Faust and 
R. Odle. I have here the return of the marshal showing the witnesses served 
and will take that list and call the witnesses in the order therein given. Mr. 
Harry Shiitts (Mr. Shutts rises). IMease come around and be sworn. 

“ I\ir. A. J. Dimond. I appear here as attorney for Mr. Shutts, and before 
any further steps are taken in this iiroceeding I demand to know under what 
authority these siibpienas were issued and under that demand I desire to in¬ 
terrogate the officer who issued the subpoena to ffnd out what proof he has that 
anv contest has really been instituted. 

“ Mr. Reed. Before that is done, on behalf of the contestant, while I have 
no oibjection to him personally appearing, I wish to make the legal objection 
to his appearing for any of these witnesses and also the objection to the pro¬ 
cedure which is outlined. 

“The Notary. Do you desire that I make a statement in that matter, Mr. 
Dimond? 

“ Mr. Dimond. Yes. 

“ The Notary. I will say. Mr. Dimond, in answer to your question, that 
Judge Wickersham, under date of IMay 9, 1919, made an application to me as 
a notary public to summons certain witnesses to testify in the matter of a cer¬ 
tain contested election that he claims was pending in the House of Repre¬ 
sentatives, and in which he was the contestant. I have the application here. 
It is headed • ‘ In the matter of contested election for Deiegate from Alaska, 
now pending in the United States House of Representatives. Election held 
November 5, 1918. Janies Wickersham, contestant.’ The application is signed, 

‘ .Tames Wickersham, contestant.’ , ,. • ,. , 

“Upon examination of the act governing contested elections in the National 
House of Representatives, I found that a notary public is an officer to whom 
either partv mav apply for a siibpama in a case of this kind, and. upon Judge 
Wickersham’s statement in his application and also his direct statement to me 


228 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


in addition thereto that there was a contested election pendinjt in tlie House 
of Itepresenatives in which he was tlie contestant, I j?ranted his application and 
snhpaniaed these witnesses. I believed, after an examination of the act ^tov- 
erninjx contested elections in the House of Representatives, that it was proper 
in such a case for me as a notary public to act and to exercise such power, 

“Mr. Dimoni). I have no criticism to offer of the ac'tion of Mr, Hamhurjter as 
a notary public in issuing the suhpmnas. Any other notary public would have 
done the same under like circumstances. Have you any other proof than Mr. 
Wickershain’s statement that there is a contest pending in the House of Rep¬ 
resentatives, or at all? 

“ The Notaky. I have not. 

“Mr. Dimond. If Mr, Reed or anybody else representing Mr. Wickersham 
has such proof I would like to have it produced. 

“ Mr. Reed. I am not offering any further proof. I am simply here to take 
this evidence; that is all. 

“ IMr. Dimond. Mr, Hamburger, have you any proof of any kind that notice 
of the time and place of the taking of these depositions or the proposed taking 
of these depositions, with the names of the witnesses to he subpoenaed and ex¬ 
amined, was given to the party contestee, as recpiired by section 108 of the 
L'evised Statutes? 

“ The Notary. No; I have no such proof. 

“ Mr. Dimond. If there is any such proof available, either in the hands of 
Mr, Reed or anybody else representing Mr, Wickersham, we should like to see 
it in order that the witnesses may know how to proceed. 

“ Mr. Reed. We have no proof to offer. 

“ Mr. Dimond. In view of tlie statements made, and from investigations 
which I have made myself about this matter, I am absolutely and entirely con¬ 
vinced that this alleged contest is in reality no contest whatever; that no no¬ 
tice was ever given to the contestee or anybody in his behalf, as reipiired by 
section 105 of the Revised Statutes; that no opportunity was given to the con¬ 
testee or anybody on his behalf to make answer to the alleged contest in ac¬ 
cordance with section 106; that no notice was given to the contestee or his 
attorneys, or anybody representing him, of the time and place of the proposed 
taking of these depositions or the names of the witnesses to be subpoenaed, in 
accordance with sections 107 and 108 of the Revised Statutes, and therefore 
the whole proceeding, including the alleged contest and the attempt to take the 
depositions of these witnesses, is absolutely null and void and has no legal 
force or effect whatsoever, and knowing that, upon my advice, this witness, 
Harry Shutts, and all the other witnesses who hav’e been suhpmnaed here, whom 
I represent and whose names are Emil laiins, Alex. A. Kott, Charles A. Ag- 
netti, AY. ./. Cuthbert, D. H. Tyer, Mrs. Donald H. Tyer, T. F. Griflith, Burr M. 
Snyder, Howard G. Clifton, AAdlliam R. Rogers, and Harlan Ahui AA'yck, must 
also and do, through me as their attorney, also refuse to be sworn or testify in 
tins matter. I will state on behalf of these witnesses that they are only* too 
ready and anxious to testify in any proper proceeding, and whenever any con¬ 
test may he legally instituted they will gladly give their testimony when the 
proper steps are taken, and their refusal to give their testimony here and now 
is not to be construed as arising from any attempt or desire to evade the pro¬ 
visions of the statute, but wholly because they are convinced that this pro¬ 
ceeding is an absolute farce and futility and has no legal force or effect what¬ 
ever. 

“ Air. Reed. Aly position on that proposition is this, that we do not recognize 
the right of counsel to appear in behalf of these witnesses, jind therefore, in 
order to make the record complete, we would like to call these witnesses that 
have been served and see if they refuse to be sworn and testify. 

“ The Notary. You may call them. 

“Air. Reed. Air. Harry Shutts; is he present? (Air. Shutts rises.) 

“ Air. Dimond. Sit still. Air. Shutts. I advise you gentlemen not to answer to 
your names at all and not to he sworn and not to give any testimony. 

“ Air. Reed. Do you refuse to be sworn and testify in this matter. Air. Shutts? 
(No response..) 

“ Air. Reed. Do you want the record to show that you refuse or that you 
decline to answer that question? (No response.) 

“Mr. Reed. Emil La'ns; is he present? 

“Mr. Dimond. Air. Eains is present. 

“ Air. Reed. Air. Lains, do you refuse to he sworn and testify? (No response.) 

“Air. Reed. Is Air. Kott present? 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 229 


INIr. Dimond. He is present, 

“Mr. Keei). Do yon refuse to be sworn and testify? (No response.) 

“Mr. Reed. Charles A. Aj,nietti? 

“ ]Mr. DriMoNi). Mr. Ajjnetti is also present. 

“IMr. Reed. Do you refuse to be sworn and testify? (No response.) 

“ Mr. Reel’. W. ,J. (bitbbert. 

“ Mr. Dimond. Mr. Cutbliert is present—all these witnesses are present. 

“ iMr. Reed. Mr. Cuthliert, do you refuse to be sworn and testify? (No re- 

t^ponsc.) 

“IMr. Reed. D. H. Tyer. Do you refuse to-be sworn and testify? (No re¬ 
sponse. ) 

“Mr. Reed. Mrs, Donald IT. Tyer. Do you refuse to be sworn and testify? 
(N(> response.) 

“Mr. Reed. T. F. (iriftith. Is Mr. Criliitli present? 

“ Mr. Dimond. Yes, sir. 

“Mr. Reed, Do you refuse to be sworn and testify in this case? (No response.) 

“ Mr. Reed. Mr. Burr M. Snyder. Do you refuse to be sworn and testify in 
this case? (No response.) 

“ Mr. Reed. Mr. How ard C. Clifton. Do you refuse to be sw'orn and testify 
in this case, Mr, Clifton? (No response.) 

“ Mr. Reed. William R. Rogers, Do you refuse to be sworn and testify in 
this case? (No response.) 

“ IMr. Reed, Harlan Van Wyck. Do you refuse to be sw'orn and testify in this 
case? (No response.) 

“ Mr. Reed. F. R. Brenneinan. Do you also refuse to be sw'orn in this case? 

“IMr. Bkenneman. No; I do'not. 

“ Mr. Reed. You may be sworn, Mr. Brenneinan. All the other witnesses may 
HOW" be excused. 

“Mr. Dimond. At this time, in behalf of the witnesses whom I rtpresent, I 
desire to enter a protest against this pi’oceeding and the manner in which it 
w'as brought, as I am adyised the wdiole thing is a farce. No attempt has 
been made to comply w"ith the provisions of the statute, and I desire to charac¬ 
terize it as an abuse of judicial process, and so knowui to IMr. Wickersham at 
the time he caused these subpienas to be issued. 

“ Mr. Reed. I desire to save an exception to the remarks of counsel.” 

Judge Wickersham (continuing). While I was here in Valdez in May, 1919, 
attempting to procure the testimony of the Signal Corps men and men in the 
Regular Army wdio were not entitled to vote at the election of November 5, 
1918, in this precinct and in this neighborhood, I also by telegraph instructed 
my representatives and attorneys at Fairbanks, Alaska, to attempt to secure the 
testimony of witnesses of a similar character at that point. An application 
in my name w^as made by my attorney to Judge Bunnell, and w"as refused by 
Judge Bunnell, and no evidence was taken for that reason at that point. I 
really appreciated that there w'as a legal doubt about my right to take this 
testimony, but felt that I must do so because the very statute under w"hich 
contested-election cases could be brought re(piires certain things to be done by 
the contestant, and I w^as convinced that I ought to do everything I could under 
that statute to bring myself in good faith within the rule, and did so, and 
these efforts w^ere a part of that iiroc-edure. I also knew as a lawyer that 
the House had the right, and it w’as its duty under the Constitution of the 
Ihiited States, to consider a contested-election case, and that it might do so 
without any regard to the statutes which it passed and w"hich it has many 
times held w'ere only directory and not mandatory upon it; that it might con¬ 
duct contested-election cases and determine the validity of the right of a repre¬ 
sentative to sit w"ithout regard to the law's it had passed. 

I presented all of these matters and things to the House of Representatives 
with a statement of the situation, and asked for a resolution, to have a 
resolution passed by the House, authorizing the taking of additional deposi¬ 
tions to make the case perfectly clear and legal and w"ithin any possible excep¬ 
tion to the rule. 

In the meantime, on or about the 28th of April, the governor of the Terri¬ 
tory had called for a special election in the Territory and fixed the time for 
June 8 for the election of a person to fill the vacancy caused by the death of 
diaries A. Sulzer. I liad declined to be a candidate at that election, because 
I had been elected in the November 5, 1918, election, and Mr. George A. Grigsby 
was the Democratic candidate and W'as not opposed by any Republican candi¬ 
date. The fisherman down at Ketchikan, in the name of union labor, put 


230 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


lip a candidate liy the name of Jones against liim, and I think it is not yet 
determined who was elected. 

On July 28, 1919, Congress passed House resolution No. 105 providing for 
the taking of depositions in the consolidated case of Wickersham Sulzer and 
Wickersham v. Grigshy, and these proceedings are being taken in that consoli¬ 
dated case. 

I came to Valdez some days ago to take these depositions of the soldiers of 
the Kegular Army who had voted illegally on November 5, 1918, and asked 
INlr. J. L. Ueed, a •notary public, to take the depositions as a notary, and asked 
Mr, Isaac Hamburger, the court stenographer, to take the depositions as such, 
and Mr. E. E. Ritchie liecame my representative in the matter. 

Under House resolution No. 105 the House of Representatives requested the 
Secretary of War to assemlile the men in the Signal Corps and in the Army 
mentioned therein at Sitka, Fairbanks, and Valdez so their depositions might 
be taken. I was very greatly surprised when I reached here to tind that no 
order of that kind had been made, and as far as I know none has yet been 
made. On August. 21 I sent this telegram to Col. Lenoir, commanding the 
Signal Corps, at Seattle: 

Valdez, Alaska, Aiigia^f 21, 1919. 

Col. Lenoir : 

C. O. Signal Corps, Seattle, Wash.: 

Have requested Maj. Huston tiring Ellison from Gulkana to Valdez at once 
for examination; also advising representatives take depositions other men 
mentioned promptly. Am sending instructions Fairbanks, but am informed 
no order for assemlily under House resolution No. 105, .Tuly 28, and request 
such official action. 

.Tames Wickersham. 

I have not received any answer to that telegram from Col. Lenoir, and I 
am not informed that any action has been taken under the resolution of the 
House of Representatives to comply with it. 

On last Friday I learned that a man on the list, a man mentioned in House 
resolution No. 105, by the name of D. H. Tyer, who has been here in Valdez 
for a considerable length of time, had been ordered out of the Territory by 
the War Department or had been permitted to go out of the Territory by the 
department and intended to go on the boat within a day or two. We then 
had an arrangement with my attorney and others to give five days’ notice, 
as required by the statute, to these Signal Corps men and soldiers who had 
illegally voted to require them to appear before Mr. Reed, a notary public, 
on this, the 28th day of August, 1919, for examination. The boat was to 
go about the 25th, so immediate action was necessary if Mr. Tyler was to go 
on the boat, and I had no desire to annoy him or the depai'tment about the 
matter, so on Bh-iday we issued a subpoena to ]Mr. D. H. Tyer and to his 
wife, asking them to appear before the notary public on Saturday for exami¬ 
nation, and they did so appear, IVIr. Tyer testitied before the notary and 
in his testimony testitied .that he had voted at the election of November 5, 
1918, for me and not for Mr. Sulzer. I didn’t believe his statement; I think 
it is false- 

Mr. Dimond. I object to any statement as to the belief of IMr. Wickersham 
as a matter of argument. 

Mr. Wickersham (continuing). IMrs. Tyer declined to state for whom she 
voted, and I tried to persuade her as a good citizen that it M'as her duty to 
tell the whole truth about the matter and state for wliom she voted, but she 
refused. The examination ended and I said to them that I would be compelled 
to ask the commanding officer to hold Mr. Tyler here until the examination 
on this day. 

Mr. Dimond. We object to all this, as the only proper evidence of that i» 
the record of what happened that day, to be tiled by the stenographer and 
notary pulilic in charge of the hearing. 

The Witness (continuing). :Mrs. Tyer refused to state for whom she voted, 
which, of course, was what I wanted her to do. After the examination had 
quit, about noon, I remained here in the office for a few minutes—not long,, 
a brief time—and then left the office by myself to go to my hotel. I had no 
fear of anyliody assaulting me. I had been judge of the United States 
district court in this division, a man of considerable age, and blind in one 
eye, and had no thought of being assailed or assaulted by anybody on my 
way to my hotel. I went from this room down to the corner, about half a 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 231 


block, to Ma.i. Huston’s office, and told him that I had some difficulty about 
taking; the testimony of the Tyers and asked him to hold ]Mr. Tyer here 
under resolution No. 105 of the House of Kepresentatives until we could 
take his testimony further. He said that he would do that; that he had 
no rijrht, of course, to hold Mrs. Tyer in any way, but that he would order 
IMr. Tyer to remain here until to-day. I went out of the office then and 
diajj:onally across the street to the northeast corner of McKinley and Alaska 
Avenues, on which this ofiice is situated, and in sight of it, less than a block 
away, and as I approached the corner there were three men standing there. 
Ileing totally blind iii my right eye, 1 was giving my attention to my footpath 
and didn’t notice the men until 1 was almost onto them. I then noticed 
one of them and recognized Mr. A. J. Dimond, with two other men standing 
with him. I didnt’ know the other men at all. I did know ^Ir. Dimond. 
I understand he is mayor of the town of Valdez- 

I\Ir. Dimoxd. I object to all of this as incompetent, irrelevant, and imma¬ 
terial. 

The Witness (continuing). They were standing on the corner, or just about 
in front of the bank, where they could see the front door of this office. They 
could see the whole walk from this office down toward them as I was coming; 
they could st^ me at every point along the line. They were just across diag¬ 
onally from Maj. Huston’s office in the Government building and just across 
the street from the Signal Corps office. As I came up to these three men I saw 
nobody else on the street. I was alone. Being blind in my right eye, totally 
blind, I may not have seen everything, of course, but I doubt that there was 
anybody in sight on the street except those three men. As 1 came up, ^Ir. 
Dimond turned away; I am not sure whether he walked away or not, because 
the men, who were waylaying me with him, acteil so promptly after I saw him 
that I don’t know what he did do, although I am satisfied he did not strike me. 
One of these men steppe^l up in front of me and stopped me. I was on the 
outside of the sidewalk, and he was a great, big, young, double-nsted, tine-looking, 
strong man, whom I had never seen before in my life. He said to me- 

Mr. Dimond. Right here I wish to interpose a further objection, that this is 
all incompetent, irrelevant, and immaterial, and T wish to make the statement 
that, so far as my being present or anywhere around there at the particular 
time that the witness is testifying to, it is absolutely false. I want to call 
attention to the fact that I am an attorney here, representing one of the 
parties- 

IMr. AVickeksha]m. If you say you were not there, I will let the record go and 
say nothing more about it, but I thought it was you. 

]\Ir. Dimond. I will state this: I did not dream that anybody thought I had 
any knowledge of this or anything to do with this. I didn’t know where you 
were. I did go to my office after I got out of here. I stopped in to see Maj. 
Huston and then went up to my office and came back and saw the two Selbys 
on the corner, and I stopped and talked with them and had a little conversa¬ 
tion with them, but there was nothing in that conversation that indicated to 
me that they were doing anything e.vcept going about their ordinary business, 
and after having completed it—I think the last thing I spoke about was the 
publication of something in the newspaper; something in which I had an 
interest—I left them and started down the street toward my home. Just as 
I turned away from them, or within 10 or 12 feet from them, I saw you come 
out of Maj. Huston’s office, but I took no notice of that except that I saw you ; 
I didn’t speak to you, but went right down the street, and was very nearly a 
block away when this matter happened concerning which I assume you are 
going to testify and which will go into the record over my objection. I have 
been in this Territory a good many years, and I think anybody that knows me 
knows that I would not take part, directly or indirectly, in any fistic contests 
over political matters or any other matters. I didn’t take part in this case, 
anyhow. 

IMr. WiCKERSHAM. I am glad you made that statement, because I certainly 
would have done you an injustice if you had not; I can’t deny it, because I 
couldn’t see well enough to know who the men were. Anyway, when I got 
there this young, big fellow stopped me. I was on the outside of the sidewalk; 
he and the other man, whom I did not know but who I have since learned to 
be the Selbys, were on the inside, next to the center of the sidewalk. The 
young fellow said to me, “ You have insulted my sister over there in that 
examination ; she is over here crying now.” I said, ” No; I haven’t insulttTl 




232 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


your sister in Jiiiy way”; and lie repeated it—“Yes; you insulted her; she is 
over here crying now, aiul I am goinj? to heat you up.” 

Mr. Dimoni). We object to this as incompetent, irrelevant, and immaterial and 
havin.tr no hearinjr upon the question as to who was elected in the 1918 election. 

INIr. WicKEKSHAM. No; l)ut it has a jrood deal of hearing on the matter of the 
depositions. I can not testify about that last statement, whether he said he 
was going to heat me up or mash my face—it was an expression of that kind, 
which notified me of an immediate assault, and the assault was made on me so 
quickly that I don’t rememlier what the expression was, for that reason, among 
others. He immediately struck me—struck at me—hut I was standing with my 
face square to him and I could see him with my left eye. My left eye is pretty 
good ; I am totally blind in the right eye; hut I can see two-thirds, at least, good 
with my left eye, and I v'arded off his blows, hut he kept striking at me, and the 
tilder man, who stood alongside of me on the right and whom I didn’t know and 

couldn’t even see, said, “Hit him, Tom; kill him; kill the -.” Well, Tom 

did his best, and l)etween them they pushed me off the sidewalk. When I went 
off the side^^■alk, rather backward and on my left side, it turned me half around 
and i)resented my right side entirely to them, and, being totally blind on that 
side, I couldn’t defend myself, and one or both of them—I don’t know whether 
the old man struck me or not, because I couldn’f see, hut I was struck very 
vigorously several times on the right side of my head. They knocked out the 
last big molar tooth in my lower jaw and smashed my ear and my face all up 
on that side. T thiidv the jav/ is l^roken, hut Dr. Silverman says not, hut it is 
so badly bruised and swollen and in such had shape that although we took an 
X ray of it we couldn’t tell anything about it; hut I am suffering great pain 
with it now and have ever since. One of these blows on my' right side, on my 
blind side, knocked me down, and I got up finally; I think I was kicked while 
T was down: I have got a very bad spot here on my lower right jaw [indi¬ 
cating!, which I can’t rememlier anylxxly to have struck when I was up; but 
I am not sure about that. 

Mr. Diimond. T desire the record to show that I object to all of this testi¬ 
mony—there is no use interrupting at every stage of it—to anything that oc¬ 
curred outside of this room. 

The Witness (continuing). I finally came to and got up, and as I got up 
there was a man standing in front of me with a dark coat on, Avhom I didn’t 
know, but I have since been told it was IMr. Casler, the deputy marshal, who 
had been somewhere in the neighborhood and had seen the tight and came over. 
He waved his hand and said that will do, or some form of that kind, and 
stopped it. Even then the older of these two men was dancing around and 

calling me a -and trying to strike me, but the younger man took him by 

the arm and pushed him l)ack and AAmuldn’t let him do it. 

I went to my hotel soon after that and sent for Dr. Silverman, and have been 
in bed most of the time since. IMy blind eye has been very badly injured and 
my face and jaw are very seriously injured and I have suffered A'ery great pain, 
and consequently I have not been able to attend to the taking of my depositions 
in this matter during those days. I have 40 days to take the tevStimony in the 
Territory, but for those days since Saturday I have l)een in bed and not able to 
do anything.. 

Wh.en T came here,to take these depositions I was told by my attorneys and 
by a gi-eat many of my friends in the town that there was si feeling of enmity 
here to me on the part of these Signal Corps men and their friends that hail 
been worked up and I had better not undertake to take their testimony. I 
talked it over with my attorneys and they thought finally it would be all right 
to take them—it would come around all right—but since that even my attorney 
has advised me very strongly against it. and I have not undertaken to take the 
testimony of these Signal Coiqis men and Army men here since Mr. Tyer’s going- 
on the stand, because it is the fear of my friends that I may be killed if I 
undertake it. 

Certainly Mr. Selby’s earnest efforts to get his son to kill me arose from the 
fact of the taking of the deposition of Tyer and his wife, and from that alone. 
T never- saw (n- knew Mr. Selbv or tho young Mr. Selby befor-e in my life. I sup¬ 
pose I may have seen the father, T don’t remember. But Mrs. Tyer is the 
daughter of Mr. Selby, and I am infoi-med a sister of the man who commenced 
this assault on me. T didn’t insult her in any way, as the record shows, and 
I ,om informed, Dimond, that you have said so. 

Mr, Dimond. No. 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 233 


You luiven’t said so; tlie record shows, however, that I 
did I to j;et her to tell the facts, and she declined to do it, and she 

leii left the lerritory, but with iiiy consent, although she didn’t finish her 
testimony and tell whom she voted for. Mr. Tyer went out with her. Neither 
one signed their depositions, although their attorney has consented that their 
depositions niaj stand as their depositions without their signing them. 

There are many things in connection with the taking of these depositions of 
the soldieis here that lead me to believe that the.v are very much incensetl at 
me, and I seem to stand in about the same reiati'on to them that an internal- 
revenue ollicer does in the South to a lot of moonshiners. I want them to tell 
the tinth about whom they voted for, and for two elections they have now evaded 
it under the instructions of their attorneys, the Democratic organization, and 
I get beaten up on the jinlilic streets, although I am G2 ,vears of age and blind, 
by the hunch when I undertake it, and I am not inclined to go any further with 
the taking of their deiiositions at this time. The War Department has not as- 
semhled thcnn as the resolution provided for, has refused to do it, and with all 
that objection and lawlessness I am inclined to let it go and state the facts to 
Congress and see what Congress does about it. 

^Ir. Dimond. I move that all this matter he stricken on the same ground, that 
it is incompetent, irrelevant, and immaterial. 

Mr. Ritchie, Judge Wickersham. is it true that I, as your attorne.v. have 
advised you that I have been advised from various .sources thnt to me are 
reliable, that nearly all these Signal Corps men, if they do testify as to whom 
they voted for, will say they voted for you, although it has been notorious for 10 
months that most of them voted for Sulzer? 

A. Yes. 

Mr. Ritchie. And I have advised you that there was no use taking evidence 
for the other side? 


A. Yes; you have advised me on that, and a good man.v. other good respectable 
people in the comnuudty have advised me of the same thing, and after looking 
it all over and hearing Tyer's testimon.v, and after being assaulted as I was by 
Tyer’s l)rother-in-law and father-in-law, who is the editor of the paper here and 
under the control of the Democratic organization, I am satisfied it is true. I 
am satisfied the truth can not he gotten out of these fellows in any such way, 
and for that reason I am not taking their depositions. 

One of the princii)al forces in this little grou]) of lawless men has been Richard 
H. L. Noaks, who has taken a pronounced position while a member of the 
Signal Cor])s against me, and has voted on at least two occasions illegally. IMr. 
Noaks has been appointed commissioner at Cordova, and I understand is located 
over there in one side of a building and Mr. Donohoe is in the other side—- 
located as such commissioner. I examined the record in the clerk’s office up here 
in the courthouse and I find that IMr. Noaks was not made a citizen of the United 
States until July 17, 1917, as appears by the records in the clerk’s office of the 
district court of this division, and he was then a soldier in the Regular Army, 
jiiid had been enlisted in the States outside and before he had even gotten out of 
the .service or promptly thereafter and before he was entitled to vote as a 
resident of the Territory of Alaska, he was appointed to that office, I understand, 
by the Democratic machine. 

At the 1918 election and in the 1916 election the strongest force, aside from 
Noaks, here in Valdez, was Capt. Faust, who was a very hitter opponent of 
mine and to whom I talked about the matter and who claims to be a resident 
of the Tei-i-itory of Alaska like these other fellows do. I met Mr. Faust re¬ 
cently in Seattle and took his deposition and he then informed me that he was 
on his way outside to be discharged, he had left the Territory. During all 
the time he was here in the Regular Army, he was only theoretically a citizen, 
but be was very active in organizing the Signal Corps in a political way for 
the Democratic organization and then left the Territory. 

The active man at Fairbanks is a man by the name of Pegues; Pegues has 
been in charge of the Signal Corps office there, as Faust was here, and at the 
same time he was the editor of the democratic newspaper at Fairbanks, called 
the Fairbanks (’itizen, and pulilic announcement in the other newspapers and 
in that new.spaper has been made of that fact, and he is now serving as such. 
A\'hether he has been discharged from the Army or not, I do not know. 

A similar situation has existed at Ruby and the Signal Corps men in that 
way have been organized by their superior officers and by the Democratic or¬ 
ganization here in Valdez and at Fairbanks and other places until it has be- 


234 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


come substantially an interior part and force in the Democratic orjranization. 
I protest aji:ainst such use of the Si^^nal Corps force in Alaska because it has 
rendered it unsafe for me and my friends to send telejii’nms tlironf?h the Signal 
Corps and it is a mess that ought to he cleaned up. The Signal Corps men, as 
I remarked, seem to look upon me as a revenue ollicer is looked ur)on among 
the moonshiners in the South and fear apparently that I am trying to get 
evidence to prosecute them for felonies for illegal voting. There is no question 
under the decision of the Democratic committee of the House of Represen¬ 
tatives of the Sixty-tifth Congress hut that every one of them voted illegally, 
both in 1916 and 1918, and they did it when the Democratic organization knew, 
including many of the Democratic officials, that that committee had held that 
it was illegal and a crime and they fear that I am trying to get information 
against them to prosecute them for crime, and for that reason, {iniongst others, 
I am satisfied that they will not tell the truth if put on the witness stand. Of 
cour.se the fact is that the mere fact they voted is a crime, not whether they 
voted for me or Mr. Sulzer, hut they are mad at me because I am trying to 
get their testimony and that is why I was beaten up on Saturday. 

IMr. Dimond. I ol).iect to all this on the ground that it is incompetent, irrele¬ 
vant and immaterial and argumentative and hearsay and not anything that 
may he considered as evidence. 

IMr. WiCKERSHAM. I offer in evidence now a certified copy of the registration 
hook of the Valdez Ray voting precinct, being the election register and tally 
hook for November, 1918, election and showing the names of all persons who 
voted in that precinct for Delegate to Congre.ss at that time. 

IMr. Dimond. I have no objection. 

Whereui)on the .said election register and tally hook of the Valdez Bay 
voting precinct was marked “ Exhil)it B,” and is attached hereto and made a 
paid hereof. 

Mr. WicKERSHAii. I also offer in evidence a certified copy of the election 
register and tally hook for November 5, 1918, election held at Valdez, in the 
Valdez recording precinct, in so far as the same relates to the election of Dele¬ 
gate to Congress and ask that it he marked “ Exhibit C.” 

(The said election register and tally hook is so marked, without objection; 
is attached hereto and made a part hereof.) 

IMr. Ritchie. We offer a certified copy from the clerk’s office of the tally 
sheet and register of voters of the primary election held in the town of Valdez, 
Valdez voting precinct, April 30, 1918. 

(This tally .sheet and register had already been introduced and marked 
“Exhibit A” and is hereto attached.) 

IMr. Ritchie. We also offer in evidence a certified copy from the clerk’s office 
of the district court of the duiilicate primary election register and tally hook 
for Copper Center voting precinct for the primary election held Ai)ril 80, 3918. 

(The said register and tally hook is marked, without objection, “Exhibit 
Dis attached hereto and made a part hereof.) 

Mr. Ritchie. We also offer a copy, certified by the clerk of the district 
court, third division of Ala.ska, of the election register and tally hook for the 
November 5, 3918, election, held at Copper Center, Alaska and ask that it he 
marked “ Exhibit E.” 

(The said register and tally hook is so marked without objection, is attached 
hereto, and made a part hereof.) 

Mr. Ritchie. We offer in evidence a certified copy, by the clerk of the dis¬ 
trict court, third division of Ala.ska, of the duplicate iirimary election register 
and tally hook for Sourdough voting precinct held Aiiril 80, 3938. 

(The said register and tally hook is marked, without objection, “Exhibit 
F,” is attached hereto, and made a part hereof.) 

IMr. Ritchie. We offer in evidence a certified copy by the clerk of the district 
court for the third judicial division of Alaska of the election register and tally 
book for November 5, 3938, election at Sourdough voting precinct. 

(Said register is marked, without objection, “Exhibit G.” is attached hereto 
and made a part hereof.) 

IMr. Ritchie. We ofl’er in evidence a certificate by Arthur Lang, clerk of the 
district court for the third division of Alaska, with the seal of the district 
court attached, setting forth the fact that he had forwarded election supplies, 
except the official ballots, for the November .5, 1918, election, for the voting 
precincts of Choggiung and Nushagak, in the Bristol Bay recording district, 
to Dr. L. H. French, Thiited States commissioner at Dillingham. Alaska, and 
on another date he forwarded the official ballots to the said commissioner at 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 235 

Dillingham, and it further recites receiving from the election judges certain 
documents showing their record of the election, all of which is set forth in his 
certificate. 

(The said certificate is marked, without objection, “Exhibit H,” is attached 
hereto, and made a part hereof.) 

Mr. Kitchie. We offer in evidence at this time a copy of the subpoena issued 
by .T. I.. Heed, notary public, to D. H. Tyer, IMrs. Donald H. Tyer, and Capt. 
Charles L. Hewes, directing them to appear at his office on the 23d of August, 
1919, to testify in the contested election case of Wickersham t\ Sulzer. 

(Said copy of subpcena is marked “Exhibit I ” without objection, is attached 
hereto, and made a part hereof.) 

Mr. Ritchie. We also offer in evidence a copy of the notice to Mr. Grigsby 
and his attorney, Mr. A. J. Dimond, that the depositions referred to in the 
previous exhibit would b6 taken at the tinfe and place mentioned. 

(Said copy of notice is marked “Exhibit .J ” without objection, is attached 
hereto, and made a part hereof.) 

Mr. liiTCHiE. We also offer in evidence a copy of the notice of the taking 
of Tbe depositions of certain witnesses named therein served upon Mr. A. J. 
Dimond, agent for George B. Grigsby, with his acknowledgment of service 
thereon, the evidence to be used in this contest. 

(Said copj" of notice is marked “ Exhibit K ” without objection, is attached 
hereto, and made a part hereof.) 

Mr. Wickersham. I also offer in evidence the original copy of the notice 
of contest of .Tames Wickersham v. George B. Grigsby, dated at Washington, 
D. C., the 2.3d day of .Tune, 1919, signed by myself, with proof of service 
thereof on JMr. Grigsby on the 28th day of .Tune, 1919, in Washington, D. C., 
and ask to have it attached to this record when it goes to AVashington. 

(The said copy of notice of contest is attached hereto and made a part hereof 
marked “Exhibit L.”) 

Mr. Wickersham. I also offer in evidence an original copy of the reply 
which I made to Mr. Grigsby’s answer. 

(Said reply is hereto attached, marked “ Exhibit M,” and made a part hereof.) 

AFTERNOON SESSION. 

Mr. AVickersham. I also offer in evidence an official roster of the Signal 
Corps in Alaska on December 31, 1916, giving stations and duties. On that 
I have erased the words “ and proficiency in telegraphy and visual signaling ” 
and other markings in those matters because they are unimportant to the 
issue. I introduce this for the purpose of showing the difference in the groups 
of Signal Corps men .voting in 1916 and 1918. 

(The roster is marked “Exhibit N,” is attached hereto, and made a part 
hereof.) 

.Tudge AVickersham. T might say th.at that was furnished to me by Col. 
Lenoir, the commanding officer of the Signal Corps, as an official list. 

Mr. Dimond. I have no objection to it. 

Mr. AATckersham. I also offer in evidence the compilation of the vote cast 
in the Territory for all officials, being an official statement by the canvassing 
board of the returns of the election of 1918, certified to by the Secretary of 
the Territory, the docuiiient now being in the hands of the Clerk of the House 
of Representatives, where T have heretofore placed it, with the other evidence I 
offered, and it is published at pages 87 to 93 of the official publication of the 
recent case by the House of Representatives. 

Mr. Dimond. Tf you will assure me that this is a copy, it is all right. 

' iMr. AATckersham. I do that. 

Mr. Dimond. No objection. 

(The said pages 87 to 93 of the publication contested election case of AVick¬ 
ersham 17. Sulzer, etc., 1919, marked “Exhibit O,” attached hereto and made 
a i)art hereof.) 

Mr. AATckersham. T also offer in evidence the other exhibits on file with the 
Clerk of the House of Representatives, excepting ex parte affidavits, which 
have been denied, now on file with the Clerk of the House of Representatives, 
the said exhibits all being certified by proper officials and all published in the 
record by the Clerk of the House of Representatives in the case of AVickersham 
V. Sulzer in the Sixty-sixth Congress; I do not, of course, offer the ex parte 
affidavits. 


236 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


INTr. Dimoni). I make the formal ol)jeetion to tliat as T am not aware jnst 
what this testimony consists of and wliether it is proTX'r to put it in evidence. 

(Tlie said exhil)i(s heinj? embodied in the same puhlication are marked “ Ex- 
liihit D” and made a part hereof.) 

INIr. Wtckersham. T also offer in evidence the evidence attemi)ted to he 
taken in the former, 1016, contested election Case at Fairbanks, in the effort 
to secure the testimony of these Si.e:nal Corps and other soldiers in the Rejjii- 
lar Army at that place, including; Charles A. Agmetti, and Harry Shutts, and 
Capt. Faust, and being found on pages 164, 165, 166, 167, 168, 169, and thence 
on to 100 in the official printed record of the contested election case of Wicker- 
sham r. Sulzer from the Territory of Alaska in the 1016 contest, the whole of 
the same relating to the attempt to take the depositions of the said soldiers at 
Fairbanks. 

Mr. Dimoni). We object to that as incompetent, irrelevant, and immaterial, 
and not an issue in this case. 

(Above pages of the said record marked “Exhibit Q” and made a part 
hereof.) 

Mr. WiCKERSHAj^r. I also offer in evidence a copy of the Valdez IMiner, a 
newspaper published by H. B. Selby, editor and propi-ietor, otherwise known 
as the Prospector Publishing Co., at Valdez, Alaska, the said Selby being the 
older of the two men who waylaid and assaulted me on last Saturday and the 
' date of the paper lanng INIay 17, 1010, and especially that part of it on the first 
page headed “Attempt to force soldiei-s to testify proves a farce. Wickersham 
bluff fails to work.” etc., and especially the latter part of the two clauses 
which I read into the record : 

“ The attemiff of IMr. Wickersham to force the soldiers to apjiear before a 
judicial executive and tell how they voted, appears to have been a deliberate 
and conceived fraud, without legalit.v and shady in its methods, in that Mr. 
AVickersham stated to the notary that he had already filed his contest, knowing 
as a lawyer that such contest could not be filed until a successor to Air. Sulzer 
had been elected, and knowing also that such subpoenas were illegal until the 
proper steps had been taken toward filing the contest. 

“ The soldiers and citizens of Valdez are naturally very indignant over the 
attempt to defraud them of their privileges as American citizens in keeping 
the ballot secret, and public condemnation of the methods employed to bring 
these men before a notary is universal.” 

Together with other statements of that kind in the same newspaper. 

Air. r)TMOND. AVe ol)ject to the introduction of this newspaper in evidence or 
any extracts therefrom on the ground that it is incompetent, irrelevant, and 
immaterial. 

Air. AAhcKp:RSHAM. It is offered for the purpose of showing that this man 
Sell)y, through his newspapei', has done what he could in' this and other news¬ 
papers to provoke a hostile condition in the minds of the soldiers and Signal 
Corps men here against testifying in this case. And I offer along the same 
line a copy of the Daily Alaska Citizen of Alay 17, 1010, puldished at Fair¬ 
banks by .T. H. C’askey, i)roprietor and manager, a Democratic newspaper, and 
Pegues was then one of its editorial writers, and it also denounces in strong 
language my attempt to secure testimony there, and it contains a strong state¬ 
ment of telegraphic matter from the A'aldez Aliner, substantially as it shows 
on the face of the Aliner here. I offer both these in evidence and those particu¬ 
lar articles, the article in the Citizen being headed “ AATckersham’s Bluff to 
secure much testimony called,” etc. 

Air. Dtmond. AA"e object as incompetent, irrelevant, and immaterial. 

(The two newspapers are marked “Exhibit It” (A'aldez Aliner, Alay 17, 
1010), and “Exhibit 8” (Fairbanks Daily Alaska Citizen, Alay 17, 1010); 
they are attached hereto and made a part liereof.) 

Air. AATckersha^u. I introduce in evidence a certified copy of an act lu'ovid- 
ing for a sj^ecial election to fill a vacancy in the office of Delegate from Alaska 
in the House of Representatives, and declaring an emergency, approved by the 
governor of the Territory of Alaska. April 28, 1019, certified to by the secretary 
of the Territory of Alaska, being the act under which the si)ecial election of 
.Tune 3, 1010, was held in the Territory of Alaska. Those laws are not yet 
printed and I introduce this from the office of the secretary for that reason. 

(The certified coi)y is markeil “Exhibit T,” attached hereto, and made a 
part hereof.) 

Air. AATckersham. I also introduce a copy of the law and instructions senr 
out to the clerks of court, under the signature of the governor, on April 28, 


WICKEKSHAM VS.’SULZER, DECEASED, AND GRIGSBY. 237 


‘v by the governor, this copy being from the office 

ot the cleik ot tlie district court of the tliird division ut Valdez 

''' nuirkeil “Exhibit IJ,” is attached hereto, and made a part 

I’^'spect to these matters l want to say that I have 
fbo I (|ltoit possible to get a copy of a tinal canvass and compilation of 

the vote of the special election of June 3, 1919, and I have been informed that 
t ie vaiious precincts have not all yet reported and that no final compilation of 
the canvass has yet been made of that election. That is all. 

Ky Mr. Dimonu. Did you give Mr. Tyer iierniission to go out*^ 

A. I did. 


Mr. Dimoni). That is all. 

Mr. WICKKKSHAM. I did iu this way: I wrote a letter to Maj. Huston, of 
which 1 have a copy here if you want it for the record. 

Ml. Dimond. No; I just want to know whether he went out with vaiur per¬ 
mission or without it. 

Mr. IVu’KEKSHAAr. He went out with it and he went out because Dr. Silver- 
man informed me that his wife was in the family way, was hysterical, and 
ought to go—that was after the assault on the streets. 

Mr. Dimond. Did you meet with any opposition from IMaj. Huston here in 
your attemiit to take testimony? 

A. Not at all. 

Q. He was very courteous to you?—A. He was very courteous to me and 
very kind at all times. 

(}. And as soon as you requested him to keep Mr. Tyer here he issued an 
order to that effect?—A. He did—he kept Tyer here until I wrote him a letter 
asking him to let him go on Dr. Silverman’s statement. 

(Witness excused.) 


.Tames Wickp:rsham. 


DEPOSITION OF SAM CAMPBELL. 

SAl\r (^A^MPKELL, called and sworn as a witness on behalf of the contestant, 
testified as follows: 

Direct examination by Mr. Ritchie: 

Q. What is your name?—A. Sam Campbell. 

Q. Where do you reside?—A. Fort TJscum at present. 

Q. How long have you been at Fort Lisciim?—A. I came there October 
IS, 1911. 

Q. What is your occupation or employment there?—A. I am on the harbor 
boat DoiKtIdffon. 

Q. That is a Government boat?—A. Yes, sir. 

Q. You are in the employ of the United States Gov^ernment?—A. Yes, sir. 

Q. In civilian emjiloyment?—A. Yes, sir. 

Q. You are not an enlisted soldier?—A. No, sir. 

Q. How long had you lived in Alaska before you vv'ent over there to the 
post in 1911 ?—A. Not any. 

Q. You just came here then?—A. Y'es, sir. 

Q. And you have lived there continuously—that is, it has been your home 
and you have been in that employment continuously from 1911 up to the 
present time?—A. Yes. 

(}. Did you v’ote at the November 5. 1918, election in Valdez Bay precinct, 
or the Granby Wharf, for Delegate to Congress?—A. Yes, sir. 

Q. For whom did you vote?—A. For ]Mr. Wickershani. 

Q. James Wickershani?—A. Yes, sir. 

Q. How many men are there living at Fort Liscum or around Valdez Bay, ov’er 
at the Granby or the electric light plant—how many vv'ere the’*e on November 
5, 1918, who were not enlisted soldiers or drafted soldiers or officers in the 
United States Army—do you think you know everybody t^uit was around 
there?—A. No, sir; I don’t know the men up at the Granby ]Mine or up at the 
power plant. 

Q. Do you know ev’erybody aside from soldiers who vv'ere t^^en employed at 
the post? Do you know all the civilian employees at the post?—A. I know 
all the civilian employees at the post; yes. 

Q. Will you please name them, besides yourself?—A. Capt. Erickson, Mr. 
Beck- 



238 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Capt. Erickson is married?—A. Yes; and his wife- 

Q. Are there any women who are not the wives or belong to the families of 
oilicers over there?—A, No, sir. 

Q. You and Mr. Beck and Capt. Iilrickson and INIrs. Erickson then were on the 
.5th of November, 1918, the only American citizens not in the United States 
Army at Fort Liscuin?—A. My wife was there. 

Q. Did your wife vote?—A. No. 

Q. Did you know a great many of the soldiers over there?—A. No; I did 
not. 

Q. Were you around the polls very much that day?—A, No, sir; I made a 
special trip over to the Granby and I just went up there for about 5 minutes. 

Q. Was anybody on the boat besides yourself who were not soldiers—your¬ 
self and Capt. Erickson, when you went over there?—A. No, sir. 

Q. All the other men were soldiers?—A. Yes, sir; and Mr. Beck here. 

Q. Being fireman on the boat you went on both trips—the boat made two 
trips carrying men over there?—A. Yes; we made two trips. 

Q. And did anybody go over there on the Donaldson on either trip and vote, 
who was not a soldier, except yourself and Mr. Beck?—A. Well, I couldn’t say 
as to that exactly. 

Q. Was there anybody aboard except yourself and Mr. Erickson and Mr. 
Beck on either trip that was not a soldier?—A. Not that I know of. 

Q. Are you quite positive about it?—^A. In fact, I didn’t pay much attention 
as to who was on, but I don’t think there was anybody. 

Q. Were these soldiers in uniform?—A. Yes, sir. 

Q. All of them?—A, Yes, sir. 

Q. Everybody who rode except yourself and Beck and Capt. Erickson were in 
uniform?—A. Yes, sir. 

Q. How many were there?—A. I don’t know exactly how many there were— 
you can find that from the log of the boat. 

Q. About how many, as near as you can remember?—A. About 20, I should 
judge, 

Q. Each time?—A. About 15 on the average. 

Q. Fifteen to twenty men on each trip?—A. Yes, sir. 

Q. And they were all soldiers from the post?—A. Yes, sir. 

By IMr. Dimond : 

Q. Do you know whether they all voted or not?—A. No; I couldn’t say; I 
wasn’t tliere at the polls when they were up there. They came back and then 
I went up. 

Q. You took them up to vote, or don’t you know what they went up for? 
What was the object of their going up?—A. To vote. 

By Mr. Ritchie : 

Q. That was the order, to take men over there to vote?—A. Yes, sir. 

Q. On both trips?—A. Yes, sir. 

(Witnessed excused.) 

Samuel Campbell. 


DEPOSITON OF W. S. BECK. 

W. S. BECK, a witness called and sworn in behalf of the contestant, testified 
as follows: 

Direct examination by IMr. Ritchie: 

Q. Your name is W. S. Beck?—A. Yes, sir. 

Q. Where do you live?—A. Fort lasciim. 

Q. How long have you been there?—A. 1912. 

Q. You are a civilian employee there?—A. Yes, sir. 

Q. What is your employment?—A. I am on the police guard; that is what 
they call it in Army parlance; in other words, scavenger. 

Q. You do teaming there?—A. Yes,'sir. 

(2. And have been in that employment continuoiislv since vou went there in 
1912?—A. Yes. 

Q. I’rior to that time you lived in Valdez?—A. Yes, sir. 

Q. And had for a great many years?—A. Yes, sir. 

Q. You are not a soldier and have not been at any time?—A. No. 

Q. You are an American citizen?—A. Yes, sir. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 239 


Q. Did yon vote at the election last November for Delegate to Congress?— 
A. Yes, sir. 

O. For whom did you vote?—A. James Wickersham. 

Q, Did you go over on the first or second trij) of the Donaldson?—A. I didn’t 
know there was a second trip. 

Q. You didn't see them go?—xV. No. 

Q. About how many men went over when you did?—A. I have to guess at it, 
I suppose a dozen, maybe more. 

Q. Were some of them soldiers in uniform?—xV. They were all soldiers—I 
am not certain hut Mr. Patton might hav*e went over. 

Q. W. E. Patton?—A. Yes; he lived just below us; I have a kind of idea—it 
seems to me that he went over there—I wouldn’t swear to it. 

(^). Was everybody on the boat a soldier in uniform except yourself and Mr. 
Campbell and Capt. Erickson and possibly Mr. Ihitton, if he went?—A. Yes. 

Q. Did Dr. Johnston and Mrs. Johnston go over on the same boat you did?— 
A. I don’t know. 

Q. Do you know when Dr. Johnston came there?—A. I can’t tell the date. 

(>. About what time?—A. They change doctors so often over there; I couldn’t 
say. 

Q. lie came there some time during 1918, didn’t he?—A. I think so. 

Q. And came there to be the post surgeon?—xV. Yes, sir. 

Q. Did he live anywhere around Valdez Bay before he came there to be post 
surgeon?—xV. I don’t think so—not that I know of. 

l\Ir. Dtmond. Is this an attempt to show that these soldiers who voted in 
tlie Valdez Bay precinct were illegal voters on any other ground than that they 
were not residents of the precinct 30 days? 

Mr. Bitchie. As to the most of them that would he the ground; there may be 
two or three that we have to object to on other grounds. To be perfectly frank 
with you we expect to show there were only five legal votes cast that day by 
civilians. 

By j\[r. Dt:moxd : 

Q. Do you know when Dr. Johnston came to Fort Liscum, about?—A. I 
think it was in the fall of 1917. 

Q. Did he come there as post surgeon?—A. Yes. 

Q. Did he live anywhere else around Valdez Bay before he came there to be 
post surgeon?—A. No, sir; he came from Juneau, I believe. 

(Witness excused.) 

W. S. Beck. 

Mr. Ritchte. 1 have been sworn. I will state that I know Dr. Johnston very 
well, knew him when he was here. In the month of April I was in Juneau, 
Alaska—April, 1919—staying at the Gastineau Hotel for eight days. I met Dr. 
Johnston there every day for four or five days and when he left he told me 
that he was going to Sitka, which was his home; he lived there, I believe, for 
several .vears; Sitka had l)een his home until he was ordered to Fort Liscum to 
be post surgeon there. 

E. E. Ritchie. 


deposition of W. T. STUART, 

W. T. STUART, a witness called and sworn in behalf of the contestant, testi¬ 
fied as follows; 

Direct examination by Mr. Ritch-ie ; 

Q. Where do you reside?—xV. I reside now in Valdez. 

Q. In the town of Valdez?—A. Yes, sii\ 

6. The town of Valdez has been your home most of the time for seven or 
eight years?—A. Yes, sir. 

Q. I.ast year in the fall you were temporarily at one of the stations of 
the lighting plant across the bay from Valdez, were you not?—A. I was there 
for several months. 

Q. And you were there on the Dth of November, 1918, and had been for more 
than 30 days previous?—A. Yes, sir. 

Q. Did you vote on the 5th of November, 1918?—A. Yes, sir; on the voting 
day. 

Q. At Valdez Bay precinct?—A. Yes; at the Granby. 

Q. Known as the Valdez Bay i»recinct?—A. Yes, sir; the Granby office. 


240 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. For wlioin did you vote for Dele.ffate to Coiijrress?—A. Mr. Sulzer. 

Q, Do you know any of the soldiers at the post, except a few of the Valdez 
hoys—di(l you know them at that time?—A. No; just a few I met. 

Q. You were stationed about a mile from there and liad no occasion to go 
to the post?—A. No. 

Q. Were you around the i)olls much that day?—A. No. 

Q. Do you know what men and women over 21 yeai’s of age were living 
around the Granhy wharf at that time; could you state of your own knowl¬ 
edge?—A. Mr. and IMrs. Cashman and IMr. and Mrs. Cook- 

Q. That is Dahner Cook, the superintendent?—A. Yes, sir; and I saw Jeff 
Devinney over there. 

Q. During the 80 days or about that prior to the election?—A. About that. 

Q. From the 1st of 0(‘toher on?—A. Sometime from September on. 

(}. Do you know of your own knowledge who was uj) at the Granby mine?— 
A. No; I had never been up there. 

Q. Do you know C. (). Brauer?—A. Yes. 

(J. Do you know where Mr. Brauer was living at that time, IMr. and IMrs. 
Brauer?— A. They wei’e operating the upi)er plant—he was, rather. 

Q. For the Light Co.?—A. For the Light Co. 

Q. You were at the lower plant?—A. Yes; I was at the lower plant. 

Q. Who else was at the lower plant besides yourselves?—A. Just ourselves. 

(M’itness excused.) 

W. T. Stuart. 


DEPOSITION OF J. P. SIMONS. 

J. I*. SIIMONS, a witness called and sworn in behalf of the contestant, testi¬ 
fied as follows: 

Examination by IMr. Ritchie: 

(}. What is your name?—A. J. P. Simons. 

Q. Are you an American citizen over 21 years of age?—A. I am. 

(,}. How long have you lived in the Territory of Alaska?—A. Since 1897, 
continuously. 

(). Wliat is your present residence?—A. Valdez. 

Q. How long have you lived at Valdez?—A. Since 1908; I came here in the 
spilng from the interior. 

Q. Were you a legal voter in Valdez on the 5th of November, 1918?—A. I 
was. 

(}. Wm-e you around the town of Valdez for some time—most of the time— 
for several weeks prior-to the election?—A. I was. 

Q. Are you accpiainted with the Fnited States Army boys here—men of the 
Signal Corps and Quartermaster Department around town?—A. Personally I 
am aciiuainted with them by sight, and friends with some of them. 

Q. Did you talk with them more or less the before election last fall?—A. 
Talked with quite a few of them ; yes. 

Q. Did they make any statements as to how they themselves or the Signal 
Corps crowd generally, were going to vote?—A. They did—two of them espe¬ 
cially, flid. 

Q. Who were they?—^A. They called him EToppy—Hopkins, I think, is his 
name; I didn’t know his name; was never introduced to him, but he is al¬ 
ways addressed as Hoppy; and another one is a man that used to be in South 
America or India namecl Noaks; I talKed to him a good deal. 

Q. Did Noaks make any statement to you as to the attitude of the soldiers 
politically?—A. He said they were all going for Sulzer, and Wickersham had 
a hopeless case. 

Q. Wasn’t the attitude of the Signal Corps and the Quartermaster Depart¬ 
ment in Valdez a matter of common knowledge just prior to and on election 
day—their attitude toward the delegateship from Alaska?—A. It was; it was 
expressed so to me and and commented on as such. 

(). Was it or was it not a matter of general repute and widely boasted of 
by the Democratic politicians that they, all or nearly all of them, were going 
to vote for Sulzer?—A. Yes; I heard it stated so. 

(Wi tness excused.) 

J. P. Simons. 

(Whereupon this hearing was confnued until Tuesday, September 2, 1919.) 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 241 


MR,..-'- 

DEPOSITION OF CHARLES L, HEWES. 

Tuesday, Septkmhkk 2, 1919. 

CHARLES L. HEWES, u witness called and sworn in behalf of the contestant, 
testified as follows: 

Examination hy Mr. Ritchie: 

Q. What is your name?—A. Charles L. Hewes. 

Q. You are an orticer of the United States Army?—A. Yes, sir. 

Q. State wliat your rank and present assig'nment are?— A. Captain. I am 
captain, relieved of duty at present. 

Q. If you were commandant at Fort Liscum, Alaska, within the last year, will 
you state during what period of time?—A. I assumed command at Fort Liscum 
on July 29, 1918. I was relieved of command hy Capt. Overstreet on August 9, 
1919. 

Q. You were then commandant there on November 5, 1918.—A. Yes, sir. 

Q. How many men in the Army were stationed at Fort Liscum in the early 
part of November, 1918?—A. I can’t answer accurately—approximately 250, I 
should judge. 

Q. Fort Liscum is a United States Army post on Valdez Bay, about 4 miles 
across the hay from the town of Valdez?—A. Yes, sir. 

Q. And were soldiers last year assembled there under the conscription act, to 
he drilled and then sent to other places thereafter?—A. Yes; they were. 

Q. And also for other purposes?—A. Yes, sir. 

Q. And were there many regulars stationed there on the 5th of November, 
1918—A. No; I can’t state how many, because they were at that time not 
regulars—they had been transferred into the United States Guards or were 
eii route to Camp Lewis to he distributed in the Army. 

Q. Most of the men there then were men classified as United States Guards?— 
A. Most of them, and drafted men. 

Q. Do you personally know anything about these men voting at what is known 
as the Valdez Bay voting precinct, the voting place being about 1 mile from 
Fort Liscum, on November 5, 1918?—A. I do not. 

Q. You don’t know personally how many men went over there?—A. No. 

Q. I exhibit to you here a certified copy of the register hook of the Valdez Bay 
precinct giving a list of those who voted at the election for Delegate to Congress 
on the 5th of November, 1918. Will you take that list and go down the list of 
the names one at a time and state, so far as you can, where each man came from 
to Fort Liscum, to the best of your memory? When you don’t know, of course, 
you will have to say so?—A. You mean when he came over to the post? 

Q. Yes.—A. That doesn’t mean his residence? 

Q. So far as you know, where he came from to the post; and if you know his 
residence, state what his previous residence was.—A. I haven’t the records with 
me and will have to give them to you the best I can from memory. Fred C. 
Hartman is the first name. As I recall it, he came from Valdez, Alaska. 

Q. You first saw him at Fort IJscum when he came there?—A. Shortly after. 

Q. Do you have any knowledge where he came from except general repute?— 
A. No; I have not. 

Q. Did he ever state to you or anyone else who seemed to know him—state 
to you where he came from?—A. The only way I recall the jilace that this 
man came from, or any of these men, was from glancing at their draft papers 
or else in conversation with the men. 

Q. A good many of them told you where they were from; did they?—A. Oh, 
yes. 

(}. Now to the best of your recollection, go down the list—take the next 

man?—A. C. A. Edmund, I don’t know; H. M. Lawrence, Latouche. 

(2. A man drafted from Latouche?—A. A man drafted from Latouche, E. O. 
Iteuter, Cordova. 

Q. Did either of these men tell you they were from those places?—A. I 

received a letter from ]Mr. Fozard at Latouche, who is manager of the Latouche 

mine, that Lawrence was coming there, had been drafted and he would he 
a good man to have in the office. 

Q. He was a clerical man?—A. Yes. Jerry T. Allen, the next imin, was 
transferred, I believe, from the Fourteenth Infantry to the Ihiited States 
Guards, Company B. 

151279—20- If) 



242 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. lie was a Ke,a:iilar Army man previously?—A. Formerly. Pete Tessitore, 
I don’t know. John Turner. I don’t know. Charles Wyatt—I believe he eame 
from Valdez, hnt I think prior to that time he was in Cordova and I believe he 
liad an interest in a boat that was at Seward. John D. Chamberlain, Mc¬ 
Carthy. Frank Forker. I don’t know. John T. McEvoy was transferred from 
the Fourteenth somewhere in the States. 

Q. He is a Kejrnlar Army man or had been?—-A. Kegnlar Army. Ihitrick 
McDermott came from somewhere on the Copper River Railroad, Copper River 

Northwestern. 

(}. That is. over on the Copper River, some distance away?—A. Between 
Cordova and Kennecott somewhere. 

Q. Proceed.—A. Frank Poore, I believe Seward. Claude H. James, 1 don’t 
know. Eric Myhberg, Cordova. A. J. Penttinen, the States. Edward P. Cash- 
man—I presume that is a man at the Granby; he wasn’t stationed at the Fort. 
T..ysle I). Brown came from IMcCarthy. A. E. Rucker, Valdez. Sam Campbell, 
has been employed at the post for years. Joseph Newman was at the post 
when T arrived there. 

(}. Was he a Regular?—A. Yes; Quartermaster’s Department. Pk A. John¬ 
son, Cordova. R. B. Hamilton, from the States, a Regular. Fred C. Brether- 
son. Cordova. A. J. Davis, Katalla. ]Mrs. James W. Johnston was at the 
^ post when I arrived and their home was in Sitka ; the same with her hus¬ 
band, Dr. Johnston. George Baker. Seward. W. S. Beck—lie has been 
there, as a civilian employee at the po.st, for years. H. T. Anderson, Katalla, 
William N. Hoaring, I am somewhat in doubt but I believe Cordova. Bruce 
Rider, either Valdez or PRlamar. I*. S. Truckey, Cordova, or perhaps Valdez. 

Do you know what his previous occupation had been? Did he ever talk to 
you about it?—A. He had been freigh clerk, at one time—whether for more 
than one trip I don’t know—for the Alaska Steamship Co., which is, I guess, 
practically the .‘^ame concern as the Copper River & Northwestern Railroad, 
where Truckey has returned to his former position, in Cordova. 

You know he went back to Cordova?—A. He is there now, employed by 
them. B. Presley, Latouche, the Kennecott Copper Corporation. W. T. Stuart 
is a civilian; he was not at Fort Liscum—Mrs. Pk Cashman the same. 

Mr. Ritchie. That’s all. 

By IMr. Dimond : 

Q. Do you know how long any of these men had been at Fort I.iiscuni prior 
to November o, 1918?—A. Some of them were there when I arrived at the post, 
July 29. 

Q. Can you state whether or not all of them had been for 30 days at Fort 
Liscum prior to November 5?—A. A large ma.1ority were there for more than 
30 days. If you would like to have me tell how I place the date I will do so. 

Q. Yes; I would be very glad.—A. On the 6th day of October, that was Sun- 
da.v, the steamer Sknf/ivay arrived at Valdez with piles for our dock extension. 
The men had ariaved one or more days prior to that who volunteered to build 
the dock; a large number of these men were among that number. 

i}. Can you say positively that any of those men were there for less than 30 
days?—A. I can’t state; the records of the draft board is about the only way 
that can be proven. 

Q. There are no records at the post?—A. Not with that information. 

Q. What was the status of the Ignited States Guards—in what respect did 
they differ from the others?-—A. The LTnited States Guards were supposed to 
be composed of limited-service men, men not physicaly fit for overseas, and 
were sent to Liscum as guards for that post and the outposts. 

Q. Were or were not all of the men retained, all of the men transferred to 
the United States Guards, retained in Alaska while you were commandant at 
the post?—A. There were men placed in the United States Guards not fit 
for physical reasons that were afterwards found physically fit and were sent 
outside; quite a number of them were transferred. 

Q. And afterwards .sent outside for other duties?—A. At least 20 in one 
lot were sent out to be distributed in the United States Army for service in 
Ph*ance and elsewhere. 

(L Do you know whether the men mentioned in this list—PIxhibit B—were 
residents of Alaska prior to their induction into the Army?—A. The majority 
of them, to the best of my knowledge, were residents of Alaska prior to that. 

Q. Two of them you mentioned you say originaly came from the States?—A. 
Penttinen and Hamilton; there may be others, I wouldn’t say, that were trans¬ 
ferred from the States to P\)rt Seward and later transferred here. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 243 


By Mr. Ritchie : 

Q. Do you personally know whether any of them had been in Alaska a 
year?—A. I can’t answer that question. 

Q. Where are the records now of these men that were at the post?—A. The 
records of the drafted men were all sent in in accordance with instructions of 
the provost marshal to the draft hoard from which they came or to Juneau. 

Q. They are not at Fort Liscum?—A. No official record at Fort Liscum 
anyway. 

Q. These, men, however, as far as you know, came from the different places 
you mentioned when you were reading out their names?—A. Yes. 

By Mr. Dimond : 

Q. You said in many instances that you didn’t know; you mean you didn’t 
know whether they were Army men or didn’t know their residence?—A. I didn’t 
know where they came from. 

Q. They were soldiers in the Army?—A. Yes; except Cashman. 

Q. They were soldiers but you don’t know where they came from?—A. I 
don’t know the place they came from. 

Q. Were any of these soldiers at Fort Liscum residing or did any of them 
to your knowledge have a residence in the Valdez Bay precinct at any time 
previous to the election day outside of the post—did they live in the Valdez 
Bay precinct anywhere outside of the Army post, to your knowledge, prior to 
election day?—A. I think some, such as Rucker, had a residence in Valdez. 

By Mr. Ritchie: 

Q. The question is, outside of the military reservation, did any of them 
live in the Valdez Bay precinct—Rucker's home was in Valdez, not in the 
Valdez Bay precinct?—A. Do you refer to the Valdez Bay voting precinct 
as the Granby? 

Q. Yes. None of these men resided elsewhere than on the military reserva¬ 
tion?—A. Not to my knowledge. 

(Witness excused.) 

(Hearing adjourned until Thursday, September 4, 1919.) 

It is stipulated by the parties that the testimony of Capt. C. L. Hewes 
given at the hearing before J. L. Reed, notary public, in behalf of the con¬ 
testant, may be made a part of the record without his signature thereto. 

This stipulation is made because Capt. Hewes removed from Valdez to 
Anchorage before the stenographer had transcribed his notes of Capt. Hewes’s 
testimony. 

E. E. Ritchie, 

Attorney for Contestant. 

Anthony Dimond, 

Attorney for Contestee. 

DEPOSITION OF JOSEPH NEWMAN. 

Thursday, September 4, 1919. 

JOSEPH NEWMAN, a witness called and sworn in behalf of the contestant, 
testified as follows: 

Direct examination by Mr. Ritchie : 

Q. What is your name?—A. Joseph Newman. 

Q. What is your business at the time?—A. Firing on the Donaldson. 

Q. Are you in the United States Army?—A. Yes, sir. 

Q. What is your rank?—A. First-class private in the Quartermaster Corps. 

Q. And where are you stationed at this time?—A. Fort Liscum, Alaska. 

Q. That is across the bay from the town of Valdez?—A. Yes, sir. 

Q. How long have you been at Fort Liscum?—A. Since the last of Septem¬ 
ber, 1911. 

Q. And you have been in the Regular Army, stationed at that post, contin¬ 
uously ever since?—A. Yes, sir. 

Q. Where did you join the Army?—A. Buffalo, N. Y. 

Q. What year?—A. 1908. 

Q. And for some time past you have been fireman on the launch Donald¬ 
son, you say?—A. Yes, sir. 

Q. Which is the post launch which runs from the post to the town of Valdez 
and elsewhere when re(iuired?—A. Yes, sir. 


244 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You were rimnin.i>: on the launch Donaldson on election day, November 5, 
1918?—A. Yes, sir. 

Q. Did the launch take any men from Fort Liscum to the office of the Granby 
Mining A; Smelting Co., which is the voting place of the Valdez Bay precinct, 
on that day?—A. We made two trips. 

Q. Do you remember how many men you took?—A. An average of about 30, 
I think. 

Q. Did you take any men except soldiers?—A. Yes; we took Dr. Johnston 
and his wife. 

Q. Dr. Johnston was the surgeon at the post?—A. Y^es. 

Q. And he was an officer, a lieutenant in the Army at that time?—A. Yes, 
sir. 

Q. Did you take anybody over there excepting men in uniform?—A. Yes; 
we took Mr. Beck and the chief engineer of the Donaldson, Sam Campbell. 

Q. And all the others that went on the boat from Fort Liscum to the Valdez 
Bay precinct, or Granby dock, were soldiers in uniform, soldiers or officers?— 
A. Yes, sir. 

Q. Did you know all of them personally?—A. No, sir; I did not know them 
personally. 

Q. Did you know Fred Hartman?—A. Yes, sir. 

Q. Do you know where he came from to Fort Liscum?—A. Valdez. 

Q. How long have you known him?—A. I knew him a couple of years pre¬ 
vious to the election. 

Q. Do you know C. A. Edmund?—A. Yes, sir. 

Q. Where did he come from to the post?—A. He came from Cordova. 

Q. Do you know H. M. Lawrence?—A. I wouldn’t say for sure, I am not 
certain I know him, but he came from around Cordova somewhere. 

Q. You remember a soldier named Lawrence?—A. Yes. 

Q. And you think he came from Cordova?—A. I think so; I wouldn’t be sure 
of it. 

Q. Did he come from the town of Valdez or around Valdez Bay?—A. No. 

Q. Did you know E. C. Reuter?—A. Yes, sir. 

Q. Where did he come from?—A. Cordova. 

Q. Did you know Jerry T. Allen?—A. Yes; he is a Regular Army man. 

Q. He came up there with the Fourteenth?—A. Yes; he came up when they 
came up in 1914, I think. 

Q. From the States?—A. Yes. 

Q. And has been there ever since?—A. Y^es, sir. 

Q. Do you know a man named Pete Tessitore?—A. He came from up around 
Seward—he is a drafted man. 

Q. Do you know John Turner?—A. No, sir; he has never been around here, 
he was a drafted fellow. 

Q. He came from some place away from Valdez?—A. Yes, sir. 

Q. Do you know Charles Wyatt?—A, No. 

Q. John D..Chamherlain?—A. No. 

Q. Frank Forker?—A. No. 

Q. Do you know .John T. McEvoy?—A. Yes, sir. 

Q. Where is he from?—A. The States. 

Q. Is he a Regular?—A. He belongs to the United States Guard. 

Q. Do you know Patrick IMcDerniott?—A. I don’t know him. 

Q. Frank Poore?—A. No, sir. 

The Notary. Do you know whether they are soldiers or not?—A. They are 
all soldiers. 

Q. Do you remember them at all?—A. I remember them, yes, hut they are 
not around here. 

Q. Do you know whether John Turner was a soldier?—A. He was a drafted 
man—of course he was a soldier for the time being. 

Q. And you remember Charles Wyatt?—A. No, sir. 

Q. Or Chamherlain?—A. No. 

Q. Do you rememher Forker at all?—A. I couldn’t place him. 

Q. McDermott—do you remember him?—A. No. 

Q. And Poore?—A. No. 

Q. Do you rememher Claude H. James?—A. No, sir. 

Q. Eric Myhherg?—A. He is from Cordova. 

Q. A. J. Penttinen?—A. I don’t know where he is from, but he is a grafted 
man. 

Q. Lysle D. Brown?—A. No, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 245 


Q. A. E. Rucker?—A. He is from Valdez. 

Q. P"rom the town of Valdez?—A. Yes, sir. 

Q. Sam Oamphell is a civilian, employed at the post?—A. Yes, sir. 

Q. Joseph Newman is yourself?—A. Yes. 

Q. E. A. Johnson?—A. Is that Dr. Johnson? 

Q. No; E. A. Johnson.—A. He is from down around Cordova somewhere, 
either there or Seward. 

Q. K. B. Hamilton?—A. He was from the States. 

Q. A Kejjular?—A. No, sir; he helonj^s to the United States (iuards. 

Q. Fred C. Bretherson?—A. He is from Cordova. 

Q. A. J. Davis?—A. I think he is from (k>rdova, I am not sure. 

Q. Mrs. James W. Johnston and James W. Johnston were the doctor and his 
wife?—A. Yes, sir. 

Q. Ceorfje F. Baker?—A. I don’t know him. 

Q. H. T. Anderson?—A. He is from Cordova. 

Q. Bruce Rider?—A. He is from Valdez, the city of Valdez. 

Q. William N. Hoaring?—A. I think he is from Cordova, I am not sure. 

(). R. S. Truckey?—A. From Cordova ; I think he is from Cordova, too. 

Q. B. I’resley?—A. I think he is from Cordova, too; I am not sure. 

Q. You have lived around Valdez for eight years; are you pretty well ac¬ 
quainted with the young men of Valdez and vicinity?—A. Well, I am pretty 
well, but not much acquainted with them, only meeting them once in a while, 
and would know who they are. 

Q. Did you know the men that worked at the Granby for a considerable 
length of time?—A. Well, I could tell them if I saw them. 

Q. Can you say whether any of these drafted men that came to the post were 
employees of the Granby mine?—A. No; they were not; none of them. 

Mr. Ritchie. That is all. 

By Mr. Dimond : 

Q. Were you in the United States Army when you came here?—A. Yes, sir. 
Q. And have been in the Army ever since?—A. Yes, sir. 

Q. I suppose you have reenlisted from time to time?—A. Yes, sir. 

Q. Was there any considerable period between your reenlistments?—A. No. 

Q. Usually you were discliarged on one day and-A. And reenlisted inside 

of 24 hours. 

Q. You reenlisted inside of 24 hours thereafter?—A. Yes, sir. 

Q. Did you vote in the Valdez Bay precinct at the last election?—A. I voted 
at the Granby. 

Q. That is in the Valdez Bay precinct?—A. Yes, sir. 

Q. Do you mind saying for whom you voted?—A. I voted the straight Re¬ 
publican ticket. 

Q. Had you voted over there previously?—A. Only .iust at these elections. 

Q. You have voted at every election for several years?—A. Yes. 

Q. I have forgotten when you said you came to the country.—A. I came up 
here in 1910. 

Q. And did you vote at the election in 1912, do you recollect?—A. No, sir; 
I didn’t vote then. 

Q. Did you vote in 1914?—A. Yes. 

Q. That is the time Judge Bunnell ran against Wickersham?—A. Yes, sir. 

Q. And you voted in 1916?—A. Yes. 

Q. And in 1918?—A. Yes. 

Q. Did you vote at this last special election?—A. I voted last November, 
when all the rest did. 

Q. Last April, I mean?—A. At the primaries, you mean? 

Mr. Ritchie. He means in June. 

A. No; I did not. 

Q. I mean when Mr. Grigsby ran against a man in Ketchikan?—A. No* 
they didn’t seem to want to let us come over then. 

(Witness excused.) 

Joseph Newman. 


BOUNDARY STIPULATIONS. 

It is stipulated by E. E. Ritchie, attorney for the above-named contestant, 
and by Anthony J. Dimond, attorney for conestee, that the boundaries of Valdez 
Bay voting precinct, as defined by the order of the commissioner of Valdez com- 



246 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


niissioner’s precinct, for the general election of 1918, occurring November 5, 
1918, were as follows, to wit: 

Commencing from the northeast corner of the Valdez recording district run¬ 
ning westward along the northerly line of said recording district to the western 
boundary of said district; thence southerly along the western boundary of 
said recording district to a point opposite the head of Port Nellie .Tuan; thence 
east and along the northerly line of the La touch voting precinct to its inter¬ 
section with the east boundary line of said Valdez recording district between 
Montague and Hinchinbrook Island; thence northeasterly to Point Gravina; 
thence west and northerly along the boundary line of Ellamar Fidalgo voting 
precinct, thence southwest and north along the western voting precinct to Rocky 
Point; thence along the southern shore line of Galena Bay to the head of said 
bay; thence due east to the intersection of the eastern boundary line of the 
said Valdez recording precinct; thence northeasterly along the boundary line 
of said Valdez recording precinct to place of beginning, and the voting place 
in said precinct for said election shall be the office of the Granby Consolidated, 
Mining, Smelting, and Power Co. on the beach at the Granby mine. 

It is further stipulated that there is no town within the boundaries of said 
voting precinct, and that all the towns referred to in the parol testimony 
taken at Valdez in the above-mentioned proceeding are outside said Valdez Bay 
precinct. This stipulation is to be marked as an exhibit by the reporter and 
made a part of the record of testimony taken at Valdez. 

E. E. Ritchie, 

Attorney for Contestant. 
Anthony J, Dimond, 
Attorney for Contestee. 

United States of America, 

Territory of Alaska. Toirn of Valdez. .S'.v; 

I do hereby certify that the above and foregoing is a full, true, and correct 
transcript of the proceedings had before me as notary public at my office in the 
town of Valdez, Alaska, on the 23d day of August, 1919, at hearings held at that 
time and subsequent thereto, in pursuance to the attached notices of taking de¬ 
positions issued and in compliance therewith. 

Dated at Valdez, Alaska, October 9, 1919. 

[seal.] . .T. L. Reed, 

Notary Public for Alaska. 

My commission expires April 28, 1922. 

Pursuant to notice hereto attached, I, W. H. Case, a notary public in and 
for the Territory of Alaska, did, on the respective dates hereinafter mentioned, 
take the depositions of the witnesses above named, which are hereto attached. 

The depositions of Mrs. Ingev Olsen, INIartin Olsen, Edward Olsen, and 
.Joseph McComb were taken at Warm Springs Bay, Baranof post office, Alaska, 
beginning at 8 o’clock a. m. on August 23, 1919, .Tohn B. INIarshall, Esq., being 
present on behalf of contestant and no one appearing for contestee. 

The depositions of Ernest Kirberger were taken at Kake, Alaska, on August 
23, 1919, beginning at 8 o’clock p. m., .John B. Marshall, Esq., being present on 
behalf of contestant and no one appearing for contestee. 

The depositions of Frank Desmond were taken at Wrangell, Alaska, on 
August 25, 1919, having been adjourned from the hour set therefor until 6 
o’clock p. m., .Tohn B. INIarshall, Esq., appearing on behalf of contestant and 
Henry Roden, Esq., appearing on behalf of contestee. 

The depositions of Philip F. McQuillan, H. W. Whitman, Ralph N. Cum¬ 
mins, and Harvey B. Conover were taken at 10 o’clock a. m. at Sitka, Alaska, 
on August 30, .Tohn B. Marshall, Esq., being present on behalf of contestant 
and no one appearing for contestee. 

The depositions of Guy B. Hawley, which were to have been taken at Sitka, 
Alaska, on August 30, 1919, were continued on account of the fact that said 
Hawley had been ordered by his superior officers in the Signal Corps of the 
United States Army to report for duty at .Tuneau, Alaska, and were taken at 
said .Tuneau, Alaska, on September 3, 1919, at 11.45 o’clock a. m., at the office 
of .Tohn B. Marshall, 418 Goldstein Building, the said .Tohn B. INIarshall being 
present on behalf of contestant, and-appearing for contestee. 

That each of the foregoing depositions were taken at the times and places 
specified in the notice of the taking thereof, except that the depositions of the 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 247 


witnesses at Sitka were taken in the store l)nildiiij»: of W. P. ^Nlills, having been 
adjourned from he coninnnissioner's office at Sitka for the reason that said office 
was at the time imdergoing repairs by a force of carpenters. 

The said depositions are hereinafter set forth in full. 

In witness of the foregoing I have hereunto set my liand and official seal at 
Jnnean, Alaska, this 3d day of September, 1919. 

[seal.] . W. H. Case, 

Xotanj Puhlic for Ahrsko. 

My commission expires August 16, 1923. 

DEPOSITIOX OF MRS. INGEV OLSEN. 

Mrs. IXGEV OLSEN, being first duly sworn, deposes and says in answer 
to direct examination by John B. Marshall: 

Q. iNIrs. Olsen, the name of yonr hnshand is ^Martin Olsen?—A. Yes. 

Q. Is he a citizen of the United States?—A. Yes. 

Q. Yon also have a son, Edward Olsen?—A. Yes. 

Q. Ami yon and yonr husband and son are each over the age of 21 years 
and qnalitied voters?—A. Yes. 

Q. How long have yon and yonr husband and son lived at Warm Springs 
Bay?—A. Six years. 

Q. IMease state whether or not yon and yonr hnshand and son voted for any 
candidate for Delegate to Congress at the election held November 5, 1918, and, 
if so, for whom yon voted?—A. We each voted for Judge Wickersham for 
Delegate at that election. 

Q. How do yon know that yonr hnshand and son voted for Judge Wicker- 
.sham?—A. They both told me .so. and last spring my son made an affidavit 
that he voted for Wicker.sham. 

Ingev Olsen. 

Subscribed and sworn to before me this 23d day of August, 1919. 

[seal.] W. H. Case. 

Xotary Public for Alaska. 

'Sly commission expires Angnst 16, 1923. 

DEPOSITION OF MARTIN OLSEN. 

MARTIN OLSEN, being first duly sworn, deposes and says, in answer to direct 
examination by John B. Marshall: 

Q. State yonr name. age. and place of residence.—A. Martin Ol.sen ; age, 02; 
residence. Baranof or Warm Springs Bay, Ala.ska. 

Q. Are yon a citizen of the United States and a qualified voter under the 
laws of Alaska?—A. I am. 

Q. Were yon a resident of the Baranof voting jirecinct on Novtmiber 5. 1918, 
and had yon been such resident for more than 30 days?—A. I am sncli resi¬ 
dent. and had been for six years. 

Q. If yon voted for any candid.ate for Delegate to Congress on said 5th of 
November. 1918. for whom did yon vote?—A. For James Wickersham. 

^Iartin Ol.sen. 

Subscribed and .sworn to before me this 23d day of Angnst. 1919. 

I seal.] W. H. Case. 

Xotary Public for Alaska. 

My* commi.ssion expires Angnst 16, 1923. 

DEPOSITION OF EDWARD OI.SEN. 

United States of America, 

Territory of Alaska, ss: 

EDWARD OLSEN, being first duly sworn, in answer to direct examination by 
John B. Marshall, says: 

Q. Are yon a qualified voter in the Baranof voting precinct, Alaska?—A. Yes; 
I am 32 years of age, and have resided in Alaska 16 years and in the Baranof 
voting precinct 6 years. 


248 WICKEPiSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. If you votod for uny candidate for the office of Delepite to Coiifjress on 
Xoveinher o. 11)18, for whom did you vote?—A. For .Tames Wickersham. 

FnwAr{D Olsen. 

Suhscrihed and sworn to before me this 23d day of An,mist, 11)10. 

ISEM.l W. TI. Case, 

Notary Public for Ala ska. 

My commission expires Aumist 10. 1023. 

DEPOSITION OF JOSEPH M*C0MP>. 

•TOSKPH Mc'COMH. heiiifi: first duly sworn, deposes and says, in answer to di¬ 
rect examination l)y John P>. Marshall: 

Q. Please state whether or not you are a citizen of the Ignited States and a 
qiialitied voter under the laws of Alaska.—A. I am. 

Q. Had you on November 5, 1018, been a resident of the 3\'rritory of Alaska 
for more than one year, and of Baranof or Warm Spriififs voting? precinct more 
than 30 days?—A. I had. 

Q. If you voted for a candidate for Delecrate to Conm’e-'^i^ November 5. 1018. 
please state for whom you voted.-—A. I voted for James 'Wickersham for Dele¬ 
gate. 

Joseph McComb. 

Suhscrihed and sworn to before me this 23d day of Au.£:ust, 1010. 

[seal.] W. H. Case, 

y of ary Public for Alaska. 

^ly commission expires August 10, 1023. 

DEPOSITION OF ERNEST KIRBEKGER. 

ERNEST KIRBERGEH, a witness for the contestant, having been first duly 
sworn, testified ns follows: 

Direct examination by Mr. Marshall : 

Q. I’lease state your name and place of residence.—A. Ernest Kirberger, 
Kake, Alaska. 

Q. Is Kake in the Kake voting precinct in the first division?—A. It is. 

Q. AN’ere you on November 5, 1918, a resident of said voting precinct?—A. I 
was. 

(). Had you lived in said precinct at said time for more than 30 days?—A. Yes; 
I had liver there for a number of years and still live there. 

Q. If you voted at the Kake voting precinct at said election for any candidate 
foi- Delegate to Congress, will you please state for whom you voted?—A. I voted 
for Judge AVickersham for Delegate to Congress. 

Q. Are you acquainte^l with J. A. Snow, of Juneau, Alaska, formerly a special 
agent for the suppression of the liquor traffic among the Indians and now 
assistant city wharfinger at Juneau?—A. I am. 

Q. Did the said J. A. Snow vote at the election held at Kake, A'aska, on No¬ 
vember 5, 1918?—A. He did. 

Q. Can you say for whom he voted?—A. He must have voted for Charles A. 
Sulzer, as I cast the only ballot at said'voting precinct that was cast for Judge 
Wickersham. 

Q. Had the said J. A. Snow at that time been a resident of the Kake voting 
precinct for more than 30 days?—A. He had not; he was passing thnmgh Kake 
on that day on a steamer which stopped for a few hours at the cannery near 
Kake, and while the steamer ^^'as at the dock he came over to Kake and voted. 

Q. Do you know the legal residence of the said J. A. Snow?—A. I have always 
understood that he livetl at Juneau, hut I am informed that during the summer 
of 1918 he was employed at and around Kasaan, A'aska, which is perhaps 100 
or more miles from Kake. 

Ernest Kirberger. 

Subscribed and sworn to before me this 23d day of August, 1919. 

[SEAL.] W. H. Case, 

Notary Public for Alaska. 

My commission expires August 16, 1923. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 249 


DISPOSITION OF FRANK DESMOND. 

FRANK DESMOND, a witness on behalf of the contestant, havini; been tirst 
duly sworn, testified as follows: ' 

Direct examination by IMr. IVIarshall : 

Q. Yonr name is Frank Desmond?—A. Yes, sir. 

Q. What is your race; that is, are yon a native or otherwise?—A. I am a half- 
Tireed. 

Q. Were you born in Alaska?—A. Yes, sir. 

Q. Where were you living- on November o, 1918, at the time of the general 
election held last fall?—A. In Douglas and .Tiineau. 

Q. Did you at that time take any part in election matters?—A. I did, 

Q. At M hose I'equestA. At the request from—I don’t know the jtentleman’s 
name; I think he is the prosecuting attorney or Government lawver; I don’t 
know bis name. 

(}. What kind of a lookinj; man was be?—A. He is a middle-ag-ed man. 

(}. IloM (lid you come to meet him?—A. He called up for me. 

Q. He called ii]) iiersonally?—A. I didn’t know at the time, but they told me 
they wantiHl me at the courthouse. 

(}. Who told you?—A. Mike George. 

(,}. lo whose office did Mike George tell you to go?—A. To Judge Henson’s, in 
the court room at Douglas. 

Q. M ben you got there, what happened?—A. I got in there and I met a 
gentleman I don’t know his name, but be is the one that had these papers— 
and he told me he got informal ion fi'oni Seward Kunz that I understood about 
tlie natives in Alaska, and he said. “ I have some jiapers and I want you to 
disti'ibuate them amongst them, to those who live separate and apart from 
their own tribe and like the white men.” 

Q. Did he say anything else?—A. So I goes to work, and I says the Indians 
have been refused a vote, and I don’t believe they can vote unless they are 
citizens. “Well,”’ he says, “these take the place of citizens’ papers; thev have 
got a vote and they can’t refuse them.” So I said. “All right.” 

Q. What did you do with those i)apers?—A. I took them around to the boys 
I know among tbe natives and gave them to them. And I told them what it 
was for. to go and vote on it, and they told me they had lieen refused already 
from the election officers, and I told them these papers here will take you 
through. 

Q. Do you know what was written on the papers that you gave them?— 
A. No; I didn’t notice it. 

Q. Did you give them a paper like the paper which I now show to you [ex¬ 
hibiting to the witness a Democratic sample ballot and requesting the notary to 
mark the same for identification, .so that it might be used later]?—A. No; they 
got them before that; they were taken all over town to everybody; I didn’t 
have any of this kind. 

Q. How many of the natives did you distribute these papers to?—A. I 
couldn’t swear to it. because I didn’t keep track of it. 

Q. Did you give one to Jimmy Fox?—A. I don’t know; I couldn’t swear 
to that; I gave one to Daniel .Tosepbs that I know of, one to Edward Marshall, 
one to Gilbert Jackson, and I took one down to Paddy Brady, but his father 
objected to it. He is a young, heavy-set native. I am not sure whether his 
first name is Paddy or not. 

Q. You signed an aflidavit last spring in regard to this matter?—A. Yes, sir. 

Q. I will read you a copy of the affidavit} and ask you if it is correct? 

IGNITED States of A:mertca, Territory of Alasl - a , ss . 

“ Frank Desmond, over the age of 21 years, being by me fiist duly sworn, on 
oath deposes and says: That be was born in Alaska and of white and native 
parentage; that be was in Douglas voting precinct, first division, in the town of 
Douglas Alaska, on November .5, 1918, at tbe time of the general election for 
Delegate to Gongress; that he was then acquainted with Assistant District 
Attorney John J. Reagan, and met him in said town on said date. Prior to 
the close of said election said Reagan engaged this affiant in distributing some 
blank affidavits for the native Indians to sign, which were given to me for that 
purpose by the said Reagan ; that said affidavits alleged that each of said 
Indians had severed bis tribal relations; bad adopted the habits of civilized life 
and was entitled to cast his ballot as a citizen at said election; that there was 


250 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


i\ certificate on each said blank aflidavit, sij^ned l)y United States District At¬ 
torney James A. Siniser, certifying- that the Indian wlio signed the said affi¬ 
davit was entitled to vote; that at the request of said Reagan I delivered said 
atfidavits and certificates to several of said Indians, some of whom signed the 
same and voted at this election. 

“ Frank Desmond. 

“ Snhscrihed and sworn to before me this 5th day of ^lay, 1919. 

“ John E. Worden, 

, “Notary Vuhlic for Alaska, residiwj at WrangellN 

Did yon sign that?—A. I did, sir. 

Q. Are the statements in there true?—A. What you were reading was all the 
truth. 

Q. How do you know that this man you met was Mr. Reagan?—A. All the 
way I know is, they told me he was a Government lawyer; I don’t know the 
gentleman’s name, though. 

Q. In hei-e, however, you say his name is Reagan?—A. That is what that man 
that owns the store in Douglas told me—Mike Geot-ge. 

Q. You were not introduced to the man?—A. No, sir. 

Q. But you just went into Henson’s office and he asked you to do this?—>A. 
Yes, sir. 

Q. Did you have any conversation with Frank Bach, or George Johnson, the 
deputy marshal, at Douglas, on that day?—A. No; not that I know of. 

Q. Did you have any conversation with Judge Henson?—A. No, sir. 

Q. Do you know who Jimmy Fox is?—A. Y^es; I do. 

Q. Did you hear about that matter of his becoming chief in place of old 
Anna-kla-hash, who died?—A. Well, I heard about it; yes. 

Q. What did you hear?—A. I told him I heard he was going to he a chief 
and he told me he didn’t know who put that thing up. And when he read 
that about him in the newspaper he laughed about it; he swore to it that he 
was not guilty of that particular thing—of wanting to take Anna-kla-hash’s 
place. 

Q. Did these papers that you distributed have the name of Mr. Siniser 
signed to them?—A. I didn’t notice what was on the paper. 

Q. Did they have any name signed in pen and ink?—A. I couldn’t swear to 
that. 

Q. Was it a printed paper, or typewritten?—A. Typewritten. 

Q. Who was present when this man gave you these papers?—A. Judge Hen¬ 
son. 

Q. No one else?—A. That is all I know of. 

Cross-examination by Mr. Roden ; 

Q. You don’t know whether the man that gave you these papers was Mr. 
Reagan or not?—A. No, sir. 

Q. Who asked you to make this affidavit that was read to you?—A. I didn’t 
make an affidavit. 

Q. Y^ou didn’t swear to that affidavit?—A. I was called in after it was- 
made out. 

Q. Who asked you to sign it?—A. This man that runs a store, Peter 
McCormick. 

Q. That is the Republican representative in the Alaska Legislature?—A. I 
don’t know the gentleman at all. 

Q. Did he have it finished when you came in there?—A. Yes. sir; every¬ 
thing was made out. First he called me in the store and asked me if I took 
papers around over in Douglas at the time the election was going on. I said, 
yes. That is all I want to find out, he said; I will see you later on. About 
a week later he called me in, and that is the time he had that affidavit for 
me, and asked me if I was not willing to sign it. He said there was no harm 
in that; he just wanted to straighten out the thing and find out about it. He 
said, “ Can’t you swear you took the papers around.” and I said, “ Y"es; I took 
them around.” 

C}. You didn’t read the thing?—A. No; he read it to me. 

Q. You can read English, can’t you?—A. I can read some. 

Q. And you have been to school, haven’t you?—A. Y^es. 

Q. So, when it says here in that affidavit that on the 5th day of November, 
1918, you were acquainted with John Reagan, he put something in there that 


WICKEESHAM VS. SULZEK, DECEASED, AND GRIGSBY. 251 

isii t quite true, didn’t lie?—A, I didn’t know the gentleman’s name at the 
time, but I mentioned that he was there; of course, I didn’t remember all 
the words on that, 

Q. Did any of the natives sign that paper?—A. Yes. 

Q. They didn’t go before a notary and swear to it, did they?—A. No. 

Q. A"ou have told INIr. INIarshall that you didn’t see Mr. Smiser’s signature on 
that paper?—A. No, sir. 

Q. But you don’t know whether there was a signature to it or not?—-A, No; 
I couldn’t swear to that. 

Q. And you have already stated that you didn’t see anv of the Indians sign 
these papers?—A. No, sir. 

Q. You gave these papers to about three or four of the natives around 
there?—A. I didn’t keep track of how many I gave out. 

Q. But you just gave to some you knew?—A. The ones I knew of that 
live like the white men, that the man told me to do. 

Redirect examination by Mr. Makshall : 

Q. Has anyone else talked to you about the distribution of those papers?— 
A. No, sir. 

liecross-examination by Mr. Roden ; 

<). The man that gave you these papers, did he ask you to give them to the 
natives that live like white men?—A. Yes, sir; he told me to do so. 

(}. Did he leave it entirely to your judgment as to whether the natives were 
such as were qualitied to vote or not?—A. As I said before, these Indians that 
have been trying to live like the white man went up and wanted to vote, and 
their vote was refused, and when they refuseil them the vote they made out 
these papers on the Juneau side, especially for the natives. 

Q. And they had been to the place before and were refused the right to 
vote?—A. Y^es, 

Q. You know that the men you gave these papers to lived like white men?—A. 

1 do. 

Q. What is your address?—A. I live here in Wrangell now. 

F. Desmond. 

Subscribed and sworn to before me this 25th day of August, 1919. 

W. H. Case, 

Notary Pnhlic for Alaska. 

My commission expires August 16, 1923. 

DEPOSITION OF PHILIP F. M’QUILLAN. 

PHILIP F. McQuillan, a witness called on behalf of James Wickersham, 
having been first duly sworn, testified as follows: 

Direct examination by Mr. Makshall : 

Q. Your name is P. F. McQuillan?—A. Philip F. McQuillan. 

Q. Mr. McQuillan, you are in the service of the United States Army, in 
the Signal Corps?—A. Yes. 

Q. How long have you been in such service?—A. Altogether about 22 years. 

Q. Where did you enlist in the service?—A. In Rochester, N. Y. 

Q. How long have you been continuously in the service?—A. Since 1906. 

Q. If you have ever resided in Alaska at any time when you were not 
in the military service, please state when and for how long a period.—A. I 
was out of the service and a resident of Alaska while out of the service for 
the period of about nine months. 

Q. You then Teenlisted in the service and have been in the service ever 
since?—A. Yes. 

Q. For whom did you vote and where for the office of Delegate to Congress 
from Alaska on November 5, 1918?—A. I voted for Charles A. Sulzer, at 
Sitka, Alaska. 

Philip F. McQuillan. 

Subscribed and sworn to before me this 30th day of August, 1919. 

[seal.] W. H. Case, 

Notary Public for Alaska. 

My commission expires August 16, 1923. 


252 WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF II. \V. WHITMAN, 

H. W. WHITMAN, a witness on behalf of .Tames Wickersham, being first 
duly sworn, testified as follows: 

Direct examination by Mr. Marshall: 

Q, Your name is H, W. Whitman, is it not?—A. Yes. 

Q. You are enlisted in the service of the United States Army, in the Signal 
Corps?—A. Yes, sir; I am in the reserve period. 

Q. How long have you been in Alaska?—A. I have been in Alaska, I think 
it is since .Tune .5, 1914. 

Q. M'here were you enlisted in the Army?—A. At New Orleans, I..a. 

Q, Have you ever lived in Alaska except while engaged in the service of 
tlie United States Army?—A. I have not. 

Q. Did you at the general election, held on November 5, 1918, cast a ballot 
for .any candidate for Delegate to Congress?—A. I did. 

Q. For whom?—A. I object. 

Q. Do I understand that you refuse to answer the question?—A. Until I 
have information that I would not incriminate myself, and because I object 
to disclosing the secrecy of the ballot, I do refuse to answer. 

Q. I will say this: That the offense, so far as it is an offense, is not in 
voting for some particular person, but in voting at all, and if you are subject 
tb criminal prosecution for voting, you have already stated that you voted, 
and if there is any violation of the law the proof is already conclusive that 
you have violated it if there is any guilt under the circumstances under which 
you voted, and telling for whom you voted will not make any difference?— 
A. I understand that; I also believe that I am entitled to a vote under the 
law as the law has been explained to me. 

Q, I will read to you a decision of a committee of Congress in the contest 
over the election of 1916, from the bottom of page 1.5. I will not put this 
decision in the record, but will read it to you and you can look on as I read 
it, and see that it is correctly read [reads report]—and I will ask you 
now if you will answer the question for whom you voted on November 5, 
1918?—A. I will answer that under protest, that I voted for .Tudge Wicker¬ 
sham ; that is under protest, too; I don’t believe you have any right to 
ask me. 

Q. And you also make that answer under oath?—A. Under oath and under 
protest. 

Q. Do you mind telling me why, when .Tudge Wickersham was anxious to 
get this information, and sent me here for the purpose, and you were re¬ 
quested to give the information, presumably as a favor to him, why you 
insisted upon refusing to answer heretofore?—A. Because I believe in the 
secrecy of the ballot, and always did believe in it. 

H. W. Whitman. 

Subscribed and sworn to before me this 30th day of August, 1919. 

[SEAL.] W. H. Case, 

Notary Piihlic for Alaska. 

INIy commission expires August 16, 1923. 

DEPOSITION OF RALPH N. CUMMINS. 

RALPH N. CUIMIMTNS, a witness produced on behalf of .Tames Wickersham, 
contestant, having been first duly sworn, testified as follows: 

Direct examination by Mr. Marshall: 

Q. Your name is Ralph N. Cummins?—A. Yes. 

Q. Mr. Cummins, you are a resident of Sitka?—A. Yes. 

Q. How long have you been a resident here?—A. I came here on the 12th of 
May, 1917. 

Q. At the time you came here what was your occupation?—A. Cable operator. 

Q. That means that you were in the service of the United States Armv?—A. 
Y^es. 

Q. In that service you enlisted for a given period of time, did vou not’—A 
Yes. ... 

Q. Have you ever been in any other employment since you came to Alaska?—A. 
No. I was in the service a part of the time as a Morse operation on the trail. 

Q. But still in the service of the United States Army?—A. Yes. 

Q. You were enlisted outside of Alaska—in the States?—A. Yes. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 253 


Q. Did you cast a ballot for any candidate for Delegate to Congress at the 
election held on November 5, 1918?—A. Yes. 

Q. For whom did you vote?—A, I voted for Mr. Sulzer. 

Ralph N. Cummins. 

Subscribed and sworn to before me this 30th day of August, 1919. 

[SEAL.] W. H. Case, 

Notary Public for Alaska. 

My commission expires August 16, 1923. 

DEPOSITION OF HARVEY B. CONOVER. 

HARVEY B. CONOVER, a witnss on behalf of James Wickersham, having 
been tirst duly sworn, testified as follows : 

Direct examination by ^Ir. Marshall: 

Q. Mr. Conover, what is your full name?—A. Harvey B. Conover. 

Q. You are now no longer in the service of the United States Army?—A. No, 
sir; I am not. 

Q. Were you in such service on the 5th day of November last?—A. I was. 

Q. How long had you then l)een in the service?—A. I enlisted on July 2, 1917. 

Q. Where did you enlist?—A. At St. lAiuis, Mo., Jefferson Barracks. 

Q. When were you discharged from the service?—A. May 19, 1919. 

Q. Had you ever lived in Alaska, except in the service of the United States 
Army, up until the time of your discharge last IVIay ?—A. No, sir. 

Q. Did you cast a ballot for any candidate for Delegate to Congress at the 
general election held on November 5, 1918?—A. Yes. 

Q. For whom did you cast a ballot?—A. For IVIr. Sulzer. 

Harvey B. Conover. 

Subscribed and sworn to before me this 30th day of August, 1919. 

[seal.] ^ W. H. Case, 

Notary Public for Alaska. 

My commission expires August 16, 1923. 

deposition of guy B. HAWLEY. 

CUY B. HAWLEY, a witness on behalf of the contestant, having been first 
duly sworn, testified as follows: 

Direct examination by Mr. Marshall: 

Q. Your name is Guy B. Hawley?—A. It is. 

Q. What is your occupation ?—A. I am a sergeant in the Signal Corps service 
of the United States Army. 

Q. Where did you reside on November 5, 1918?—A. At Sitka, Alaska. 

Q. Did you cast a ballot for any candidate for Delegate to Congress from 
Alaska, at the election held on November 5, 1918, and if so where did you 
cast such ballot?—A. I did cast a ballot, at the polling place in the town of 
Sitka, Alaska. 

Q. For whom did you cast your ballot for Delegate to Congress at such elec¬ 
tion?—A. For Mr. Sulzer. 

Q. Were you at that time a member of the Signal Corps service of the United 
States Army?—A. I was. 

Q. Where had you enlisted in such service?—A. At Fort Lawton, Wash. 

Guy B. Hawley. 

Subscribed and sworn to before me this 3d September, 1919. 

[seal.] W. H. Case, 

Notary Public for Alaska. 

My commission expires August 16. 1923. 

United States of America, 

Territory of Alaska, ss: 

I, W. H. Case, a notary public in and for the Territory of Alaska, do hereby 
certify that the foregoing depositions were taken by me in the manner and 
form hereinafter set forth, to wit: 

The depositions of Mrs. Ingev Olsen, Martin Olsen, Edward Olsen, and Joseph 
McCoinb, were, in my presence, as the questions were asked and the answers 


254 WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


given, written down in longliand, and in my presence read over, sworn to and 
signed by the respective witnesses; the depositions of Kirberger were in the 
same manner reduced to typewriting as the same were given, and read over 
and sworn to and signed by the witness in my presence; the depositions of 
Frank Desmond were taken down in shorthad in my presence, and were there¬ 
after reduced to typewriting and read to the witness at his request, and by 
him sworn to and subscribed in my presence; the depositions of P. F. McQuillan, 
H. W. Whitman, Italph N. Cummins, Harvey B. Conover and Guy B. Hawley, 
were taken down in shorthand in my presence and thereafter reduced to type¬ 
writing, read by the respective witnesses and sworn to and subscribed by them 
in my presence. 

And I do further certify tliat before testifying, each of said witnesses was 
by me duly sworn to tell the truth, the whole truth, and nothing but the truth. 

In witness whereof, I have hereunto set my hand and ofticial seal this 3d day 
of September, 1919. 

[SEAL.] W. H. Case, 

Notary PuMic for Alaska. 

My commission expires August 16, 1923. 

To the above-named contestee and his agents and attorneys, J. A. Hellenthal 

and John R. Winn, Esqs.: 

Take notice, at before AV. H. Case, a notary public for the Territory of 
Alaska, I will take the testimony, at the places and times hereinafter stated, of 
the following-named witnesses on behalf of contestant, to wit: 

On Saturday, August 23, 1919, at the hour of 8 o’clock a. m., I will take the 
testiomny of Martin Olsen, Edward Olsen, Airs. Ingev Olsen, and .Joseph 
AIcComb, the residence of each of whom is at AVarm Springs Bay (Baranof 
post oflice), Alaska, at the post office at said AATirm Springs Bay. 

On Saturday, August 23, 1919, at the hour of 8 o’clock p. m., I will take the 
testimony of Ernest Kir])erger, whose residence is at Kake, Alaska, at the store 
of the said Ernest Kirberger at said Kake, Alaska. 

On Alonday, August 2o, 1919, at the hour of 10 o’clock a. m., I will take the 
testimony of C. B. Ferguson and Frank Desmond, the former of whom resides 
at Craigs Alaska, and the latter at \AT‘angell, Alaska, at the office of the United 
States commissioner at said AAT*angell, Alaska. 

On Saturday, August 30, 1919, at the hour of 10 o’clock a. in., I will take the 
testimony of P. F. AIcQuillan, H. AA\ AAdiitinan, G. B. Hawley, R. N. Cummins, 
and Harvey B. Conover, who reside at Sitka, Alaska, at* the office of the 
United States commissioner at said Sitka, Alaska. 

And you will further take notice that the taking of the depositions of said 
witnesses will be continued from time to time until completed. 

.Tames AAAckersham, Contestant, 
By John B. AIarshall, Attorney. 

Service of a copy of the foregoing notice is admitted this 21st day of 
August, 1919. 

.1. A. Hellenthal, 
Attorney for Contestee. 

To P. F. McOnillan, H. TP. Whitman, G. B. Hairley, R. N. Cummins, and 

Harvey B. Conorcr, greeting: 

Pursuant to notice heretofore given, you and each of you are liereby sum¬ 
moned to be and appear before AA\ H. Case, a notary p'ublic in and for the 
Territory of Alaska, at the United States commissioner’s office in the town of 
Sitka, Alaska, at the hour of 10 o’clock a. m. on Saturday, August 30, 1919, 
then and there to testify as witnesses on behalf of Hon. James AATckersham, the 
contestant above named. 

This subiwna is issued and your attendance required by virtue of tbe author¬ 
ity conferred upon me by the statutes of the United States governing contested 
elections. 

AA’itness my hand at Juneau, Alaska, this 21st day of August, 1919. 

AV. H. Case, 

Notary Publie for Alaska. 

My commission expires August 16, 1923. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 255 


DEPOSITION OF WIEEIAM T. BARR. 

Pursuant to notice the testimony of WILLIAM T. BAIIR was taken liefore me, 
Joseph C. Dehn, a notary imhlic in and for Alaska, at my office in the town of 
Taliana, Alaska, at 9 o’clock in the forenoon of September 3, 1919. 

Said witness being first duly sworn testified as follows; 

Direct interrogatories: 

Q. State your name, age, and occupation?—A. Name, William T. Barr. 
Age, 40. Occupation, soldier. 

Q. Were you a soldier in the United States Army November 5, 1918?—A. 
Yes. 

Q. When and where did you enlist prior to last named date?—A. January, 
1917. Port Gibbon, Alaska. 

Q. Was you a resident of Alaska when you so enlisted?—A. Yes. I was a 
resident of Alaska. 

Q. Did you vote at the election November 5, 1918?—A. Yes. 

Q. Where did you vote?—A. I voted in the Fort Gibbon precinct of Alaska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from Alaska ? 

Contestee objects to the question and instructs witness that he can not 
be required to disclose name of candidate voted for November 5, 1918, unless 
he wants to. 

A. I voted for Charles A. Sulzer. 

Cross interrogatories by John A. Clark attorney for Grigsby: 

Q. How long had you resided in the precinct in which you voted before 
November 5, 1918?—A. Over a year. 

Q. How long had you resided in Alaska before November 5, 1918?—A. Over 
three years. 

William T. Barr. 

Subscribed and sworn to before me this 3d day of September, 1919. 

[seal.] Joseph C. Dehn, 

Notary Public for Alaska. 

My commission expires August 3, 1921. 

deposition of EDWARD E. BEATTIE. 

Pursuant to notice the testimony of EDWAIiD E. BEATTIE was taken before 
me, Jo-’. C. Dehn, a notary public in and for Alaska, at my office in the town 
of Tanana, Alaska, at 10 o’clock in the forenoon of September 6, 1919. 

Said witness, being first duly sworn, testified as follows: 

Direct interrogatories: 

Q. State your name, age, and occupation.—A. Name, Edward E. Beattie; 
age, 23; occupatiojii, bank clerk. 

Q. Were you a soldier in the United States Army November 5, 1918?—A. Yes. 

Q. When and where did you enlist prior to la'-t-named date?—A. Fort Wil¬ 
liam H. Seward, July 24, 1917. 

Q. Was you a resident of Alaska when you so enlisted?—A. Yes. 

Q. Did you vote at the election November o, 1919?—A. Yes. 

Q. AVhere did you vote?—A. Fort Gibbon precinct, Alaska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from Alaska? 

Contestee objects to the question and instructs witness that he can not be re¬ 
quired to disclose name of candidate voted for unless he wants to. 

A. I decline to answer question. 

Cross interrogatories by John A. Clark, attorney for Grigsby: 

Q. How long had you resided in the precinct .in which you voted before 
Novemlier 5, 1918?—A. Fifteen months. 

Q. How long had you resided in Alaska before November 5, 1918?—A. Five 
years. 

Edward E. Beattie. 

Subscribed and sworn to before me this 6th day of September, 1919. 

[seal.] Joseph C. Dehn, 

Notary Public for 'xilaska. 


My commission expires August 3, 1921. 


256 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


£ Telegram.] 


Morton E. Stevens, 

Fairhanks, Alaska 


Tanana, Alaska, t^eiJteniber 2, 1911). 


Telegram received and understood. Woidd it be possible take deposition 
of William T. Barr before Saturday. He is scheduled go out on steamer 
Yukon. Wire instructions. 

J. C. Dehn. 


[Telegram.] 


Fairbanks, Alaska, September 2, 1919. 

J. C. Dehn, Tanana, Alaska: 

No objection to your taking Barr's deposition before Saturday. Attach this 
telegram to your certificate as authority. Send Stevens two copies all deposi¬ 
tions. 

James WTckersham, 

By IMorton E . Stevens, 

His Attorney. 
John A. Clark, 

Attorney for Georye Grigsby. 

United States of America, 

, Territory of Alaska, ss: 

I, Joseph C. Dehn, a notary public for Alaska, do hereby certify that the 
foregoing four pages of typewritten matter constitute a full, true, and correct 
transcript of the proceedings had before me on September 8, 1919, and on 
Saturday, September G, 1919, at Tanana, Alaska, in the contested-election case 
in the House of Representatives of the United States, Sixty-sixth Congress, 
first session, James Wickersham, contestant, against Charles A. Sulzer, cou- 
testee, and George B. Grigsby, contestee. 

In witness whereof I have hereunto set my hand and affixed my seal this 
6th day of September, 1919. 

[seal.] Joseph C. Dehn, 

Notary Public for Alaska. 

My commission expires August 3, 1921. 


deposition of JAMES M. CAMPBELL. 

% 

Pursuant to notice the testimony of JAMES M. CAMPBELL was taken before 
me, Jos. C. Dehn, a notary public in and for Alaska, at my office in the town 
of Tanana, Alaska, at 10 o’clock in the forenoon of September 6, 1919. 

Said witness, being first duly sworn, testified as follows: 

Direct interrogatories: 

Q. State your name, age, and occupation.—A. Name, James M. Campbell; 
age, 29; Occupation, soldier. 

Q. Were you a soldier in the United States Army Novembl?r o, 1918?—A. I 
was. 

Q. When and where did you enlist prior to last-named date?—A. I enlisted 
at St. Michael, Alaska, February 11, 1915. • 

Q. Was you a resident of Alaska when you so enlisted?—A. I was. 

(}. Did you vote at the election November 5, 1918?—A. Yes. 

Q. Where did you vote?—A. I voted in Tanana voting precinct, Tanana, 
Alaska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from Alaska? 

Contestee objects to the question and instructs witness that he can not be 
required to disclose name of candidate voted for unless he wants to. 

A. I decline to disclose name of person voted foi*. 


Cross-interrogatories by John A. Clark, attorney for Grigsby: 

Q. How long had you resided in the precinct in which you Aoted before No¬ 
vember 5, 1918?—A. Have resided in Tanana, Alaska, from August, 1916, to 
present time except for about one year. 

Q. How long had you resided in Ala^ka before November 5, 1918?—A. Six 
years. ' James INI. Campbell. 


Subscribed and sworn to before me this 6th day of September, 1919. 


[SEAL.] ' 

My commission expires August 2, 1921. 


• Joseph C. Dehn, 
Notary Public for Alaska. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 257 


DEPOSITION OF LOUIS G. SELK. 

Pursuant to notice the testimony of LOUIS (4. SELK Nvas taken before me, Jos. 
C. Delin, a notary public in and for Alaska, at my office in the town of Tanana, 
Alaska, at the hour of 10 o’clock in the forenoon of September 6, 1919. 

S{iid witness bein^ tirst duly sworn testified as follows: 

Direct interrogatories: 

Q. State your name, age, and occupation.—A. Name, Louis G. Selk; age, 39: 
occupation, soldier. 

Q. Were you a soldier in the United States Army November 5, 1918?—A. Yes. 

Q. When and where did you enlist prior to last-named date?—A. December 
16, 1913, at Fort Lawton, Wash. 

Q. Was you a resident of Alaska when you so enlisted?—A. No. 

Q. Did you vote at the election November 5, 1918?—A. Yes. 

Q. Where did you vote?—A. I voted in the Tanana voting precinct, Tanana, 
Alaska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from Alaska? 

Contestee objects to question and instructs witness that he can not be re¬ 
quired to disclose name of candidate vote<l for unless he wants to. 

A. I decline to state name of person voted for. 

Cross-interrogatories by John A. Clark, attorney for Grigsby: 

Q. How long had you resided in the precinct in which you voted before 
November 5, 1918?—A. Since September 21, 1915. 

Q. How long had you resided in Alaska before November 5, 1918?—A. Came 
to Alaska June 11, 1912, and have resided in Alaska from that time except for 
about one year I was in the States. 

Louis G. Selk. 

Subscribed and sworn to before me this Gth day of September, 1919. 

[seal.] .Joseph C. Dehn, 

Notary Pahlic for Alaska. 

]My commission expfres August 3, 1921. 

DEPOSITION OF WALTER HUNT. 

Territory of Alaska, 

Forty-Mile Precinct, ss: 

WALTER HUNT, first being duly sworn, deposes and makes answer as 
follows: 

Q. How long have you resided in Alaska?—A. Sixteen years. 

Q. How long in the Wade voting precinct previous to November 5, 1918?—A. 
Sixteen years. 

(}. Are you a citizen of the United States?—A. Yes. 

i}. Are you of voting age?—A. Yes. 

Did you vote on November 5, 1918?—A. No. 

(}. Why not?—A. I thought precinct for voting should not have been changed. 

Q. How far is it from Wade to Franklin and return?—A. Thirty-two miles. 

(}. Would it be a two days’ trip in November?—A. Yes. 

Q. Are there overnight accommodations for 20 or more people at Franklin?— 
A. No. 

Q. Which has the larger local voting population, Wade or Franklin?—A. 
Wade, 21; Franklin, 7, 

Q. Is it not true that in his redistricting of the Forty-Mile recording precinct, 
the United States commissioner eliminated Steel and Wade voting precincts, the 
only ones giving a Republican majority?—A. Yes. 

Q. Why do you think he did so?—^A. Commissioner said he had orders to 
do it. 

Q. What was the date of the order and notice redistricting the Forty-Mile 
precinct?—A. October 1, 1918. 

Q. Did you sign a protest to Judge Bunnell against the commissioner’s un¬ 
fairness?—A. Yes. 

Q. Had you been able to vote, for whom would you have cast your ballot?— 
A. .Tames M ickersham. Walter Hunt. 

Sworn and subscribed to before me this 3d day of September, A. D. 1919. 

[seal.] Chas. E. M. Cole, 

Notary Public in and for the District of Alaska, 

Residing at Jack Wade. 

My commission expires October 15, 1919. 

151279—20-17 



258 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF N. M. PATTERSON. 


Territory of Alaska, 

Forty-Mile Precinct, ss: 

N. M. I'ATTEllSON, flr,st being duly sworn, deposes and makes answer as 
follows: 

Q. How long have you resided in Alaska—A. Nineteen years. 

Q. How long in the Wade precinct previous to November 5, 1918?—A. Ten 
years. 

Q. Are yon a citizen of the United States?—A. Yes. 

Q.*Are you of voting age?—A. Yes. 

Q. Did you vote on November 5, 1918?—A. No. 

Q. Why not?—A. Too great a distance to go. 

Q. How far is it from Franklin to Wade, the round trip?—A. Tl»irty-two 
miles. 

i}. Would it be a two days’ trip in November?—A. Yes. 

Q. Are there over-night accommodations for 20 or more people at Franklin?— 
A. No. 

Q. Which has the larger local voting population, Wade or Franklin?— 
A. Wade, 21; Franklin, 7. 

Q. Is it not true that in redistricting the Forty-mile precinct, the United 
States commissioner eliminated Wade and Steel Creek voting precincts, the 
two that gave Republican majorities?—A. Yes. 

(y "Wdiy do you think he did so?—A. Politics. 

(j. Wliat was the date of order and notice redistricting the Forty-Mile pre¬ 
cinct?—A. October 1. 1918. 

(y Did you sign a protest to Judge Bunnell against the unfairness of the 
redivision?—A. l"es. 

(}. Had you been able to vote, for whom would you have cast your ballot?— 
A. Charles Sulzer. 

N. M. Patterson. 

Sworn and suliscribed to before me this 3d day of September, A. D. 1919, 

[SEAL.] CiiAS. E. M. Cole, 

Notary Public in and for the District of Alaska, 

Residing at Jack ^yadc. 

IMy commission expires October 15, 1919. 

deposition of JOHN A. LAMBERT. 


Territory of Alaska, 

Forty-Mile Precinct, ss: 

JOHN A. LA^NIBERT, first being duly sworn, deposes and makes answer as 
follows: 

Q. How long have you resided in Aiaska?—A. Twenty years. 

Q. How long in the Wade precinct previous to November 5, 1918?—A. Ten 
years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote on November 5, 1918?—A. No. 

Q. Why"not?—A. l*olls moved to too great a distance. 

(y How far is it from Wade to Franklin and return?—A. Thirty-two miles. 

(}. Would it be a two-days’ trip in November?—A. Yes. 

(}. Are there overnight accommodations for 20 or more people at Franklin?— 
A. No. 

Q. Wliich has the larger local voting population, Wade or Franklin?—A. 
Wade. 21; Franklin, 7. 

Q. Is it not true that in redistricting the Forty-Mile recording precinct the 
United States commissioner eliminated Wade and Steel Creek voting precincts, 
the two that gave Republican majorities?—A. Yes. 

(y Why do you think this was done?—A. Politics. 

(}. What was the date of the order and notice redistricting the Forty-Mile 
precinct?—A. October 1. 1918. 

(). Did you sign a protest to Judge Bunnell against the unfairness of the 
redistricting?—A. Yes. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 259 


Q. Had you been able to vote, for whom would you have cast 'your ballot?— 
A. James Wickersham. 


John A. Lambert. 


Sworn and subscribed to before me this 3d day of September, A. D. 1919. 
[SEAL.] CiiAS. E. M. Cole, 

Notary Puhlic in and for the District of Alaska, 

Residing at Jack Wade. 

My commission expires October 15, 1919. 


DEPOSITION OF T. E. PHILLIPS. 

Territory of Alaska, 

Forty Mile rrecinct, ss: 

T. E. PHILLIPS, first being duly sworn deposes as follows: 

Q. How long have you resided in Alaska?—A. Nearly 14 years. 

Q. How long in tlie Wade voting precinct previous to November 5, 1918?— 
A. Twelve years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote on November 5, 1918?—A. No. 

Q. Why not?—A. Trip to Franklin too far, and too expensive. 

Q. How far is it to Franklin and return?—A. Thirty or more miles. 

Q. Would it be a two-day trip in November?—A. Assuredly; yes. 

Q. Are there overnight accommodations for 20 or more people at Franklin?— 
A. No. 

Q. Which has the larger population, Franklin or Jack Wade?—A. Wade, by 
four times as much. 

Q. Ill redistricting the Forty Mile recording precinct, the commissioner 
eliminated only those voting precincts, giving a Republican majority, did he 
not?—A. Yes; both Wade Creek and Steel Creek. 

Q. Why do you thii?k he did that?—A. Politics, no doubt. 

Q. What was the date of the order and notice redistricting the Forty Mile 
recording precinct?—A. October 1, 1918. 

Q. Did you sign a protest to Judge Bunnell?—A. Yes. 

Q. Had you been able to vote, for whom would you have cast your bal¬ 
lot?—A. Mr. Wickersham. 

i}. Would you say that the United States commissioner played politics in his 
redistricting of the Forty Mile recording precinct?—A. I think so. 

T. E. Phillips. 

Sworn and subscribed to before me this 3d day of September, A. D., 1919. 

[seal.] Chas. E. M. Cole, 

Notary Public in and for the District of Alaska, 

Residing at Jack Wade. 

My commission expires October 15, 1919. 

deposition of HANNAH J. JOHNSON. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

HANNAH J. JOHNSON, first being duly sworn deposes and makes answer 
as follows: 

Q. How long have you resided in Alaska?—A. Twenty-two years. 

Q. How long in the Wade voting precinct previous to November 5, 1918?— 
A. Five years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q, Are you of voting age?—A. Yes. 

Q. Did you vote on November 5, 1918?—A. No. 

Q. Why not?—A. I thought precinct for voting should not have been 
changed. 

Q. How far is it from AVade to Franklin and return?—A. Thirty-two miles. 
Q. Would it be a two-days’ trip in November?—A. Yes. 

Q. Are there overnight accommodations for 20 or more people at Franklin?— 

A. No. ^ o A 

Q. Which has the larger local voting population, Wade or Franklin?—A. 

Wade, 21; Franklin. 7. 


260 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Is it not time that in redistricting the Forty Mile recording precinct, the 
United States coininissioner eliminated Wade and Steel voting precincts, the 
two that gave Republican majorities?—A. Yes. 

Q. Why do yon think he did so?—A. Commissioner said he had orders to 
do it. 

Q. What was the date of the order and notice redistricting the Forty Mile 
precinct?—A. October 1, 1918. 

Q. Did yon sign a protest to .Tndge Bunnell against the nnfairness of this 
redivision ?—A. Yes. 

Q. Had yon been able to vote, for whom wonld yon have cast yonr bal¬ 
lot?—A. .Tames Wickersham. 

Hannah Johnson. 

Sworn and subscribed to before me this 3d day of September A. D., 1919. 

[seal.] Chas. E. M. Cole, 

Notary Puhlic in and for the District of Alaska, 

Residing at Jack Wade. 

My commission expires October 15, 1919. 

DEPOSITION OF C. D. ARNOLD. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

C. D. ARNOLD, first being dnly sworn, deposes and makes answer as fol¬ 
lows : 

Q. How long have yon resided in Alaska?—A. Six years. 

Q. How long in the Steel Creek precinct previons to November 5, 1918?—A. 
Five years. 

Q. Are yon a citizen of the United States?—A. Yes. 

Q. Are yon of voting age?—A. Yes. 

Q. Did yon vote on November 5, 1918?—A. No. 

Q. _Why not?—A. Too far to go. 

Q. How far is it from Steel Creek to the Moose polling place and return?— 
A. Thirty miles. 

Q. Wonld it be a two days’ trip in November?—A. Yes. 

Q. What wonld the expense be?—A. $8. 

Q. How many voters are there resident at Moose Creek?—A. Two. 

Q. Where does Moose Creek and all of the Moose voting precinct get mail?— 
A. Steel Creek and Jack Wade post offices. 

Q. Is it not true that in redistricting the Forty Mile recording precinct the 
United States commissioner eliminated Wade and Steel Creek voting precincts, 
the two that gave Repnblican majorities?—A. Yes. 

Q. Why do yon think this was done?—A. Politics. 

Q. What was the date of the order and notice redistricting the Forty Mile 
precinct?—A. October 1, 1918. 

Q. Did yon sign a protest to Judge Bnnnell against the nnfairness of the 
redistricting?—A. Yes. 

Q. Had yon been able to vote, for whom wonld yon have cast yonr ballot?— 
A. James Wickersham. 

C. D. Arnold. 

Sworn and snbscribed to before me this 3d day of September, A. D. 1919. 

[seal.] Chas. E. IM. Cole, 

Notary Public in and for the District of Alaska, 

Residing at Jack Wade. 

My commission expires October 15, 1919. 

DEPOSITION OF HENRY SIEMER. 

Territory of Alaska, ^ 

Forty Mile Precinct, ss: 

HENRY SIEMER, first being dnly sworn, deposes and makes answer as 
follows: 

Q. How long have yon resided in Alaska?—A. Thirty-three years. 

Q. How long in the Steel precinct?—A. Six years. 

Q. Are yon a citizen of the United States?—A. Yes. 

Q. Are yon of voting age?—A. Yes. 

Q. Did yon vote November 5, 1918?—A. No. 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


261 


Q, Why not?—A. Polls too far distance. 

Q. Plow far is it from Steel Creek to Moose and return?—A. Twenty-eight 
miles. 

Q. Is it a two days’ trip in November?—A. Yes; and $4 expense. 

Q. How many resident voters are there at Moose Creek?—A. Two. 

Q. Where do the voters of the Moose voting precinct, as now organized, get 
their mail?—A. Steel and .Tack Wade post offices. 

Q. Is it not true that the United States commissioner, in redistricting the 
Forty Mile precinct, eliminated the Steel and Wade voting precincts, the two 
Republican precincts?—A. Yes. 

Q. Why do you think he did this?—A. Probably politics. 

Q. Why do you think the IMoose precinct was lirst organized, and who by?— 
A. Don’t really know. 

Q. You have seen the order and notice redistricting the Forty Mile pre¬ 
cinct; what is the date?—A. October 1, 1918. 

Q. Had you been able to vote November 5, 1918, for whom would you have 
cast your ballot?—A. James Wickersham. 

Henry Siemer. 

Sworn and subscribed to before me this 4th day of September, A. D. 1919. 

[seal.] Chas. E. M. Cole, 

Notary Public in and for the District of Alaska, 

Rcsidiny at Jack Wade. 

'My commission expires October 1.5, 1919. 

DEPOSITION OF J. A. KEMP. 

Territory of Alaska, 

Forty Mile Precinct, ss: 

J. A. KEMP, hrst being duly sworn, deposes and makes answer as follows: 

Q. How long have you resided in Alaska?—A. Since 1892. 

Q. How long in the Steel Creek voting precinct previous to November 5, 
1918?—A. Ten years. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote at the election of November 5, 1918?—A. No. 

Q. Why not?—A. Because our voting precinct had been abolished and the 
distance to the new polling place was too great. 

Q. How far is it from Steel Creek to IVIoose Creek and return?—A. Twenty- 
eight miles. 

Q. Would you consider it a two days’ trip?—A. Yes. 

Q. How many resident voters are there at Moose Creek?—A. Two. 

Q. Is it not true that in redistricting the Forty Mile recording precinct the 
United States commissioner eliminated Steel and .Tack Wade voting precincts, 
the two that in 1916 gave Wickersham a vote of 18, Sulzer a vote of 4?—A. Yes. 

Q. Why do you think this was done?—A. Spite work and to toady to the party 
machine. 

Q. From your mercantile acquaintance of the residents of both Jack Wade 
and Steel jirecincts, would you say the vote of 1916 had materially changed in 
1918?—A. Most certainly not. 

Q. To what would you attribute the loss of the 18 Wickersham votes in the 
abolished precincts?—A. Removal of the old voting precincts and added dis¬ 
tance to those provided by the commissioner. 

Q. Who first organized the Moose precinct?—A. J. J. Donovan, United States 
commissioner. 

Q. As a matter of fact, where do the voters of the Moose Creek precinct go 
for their mail?—^A. Steel Creek post office, and some to Jack Wade. 

Q. Ts Moose a post office?—A. No. 

Q. What is the date of the order and notice redistricting the Forty Mile pre¬ 
cinct?—A. October 1, 1918. 

Q. For whom would you have cast your ballot had you been able to vote 
November 5, 1918?—A. .Tames Wickersham. 

J. A. K^emp. 

Sworn and subscribed to before me this 6th day of September, A. D. 1919. 

[seal.] Ciias. E. M. Cole, 

Notary Public in and for the District of Alaska 

Residing at Jack Wade. 

My commission expires October 15, 1919. 


262 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF A. B. EWING. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

A. K. EWIN(i, first beins duly sworn, deposes and makes answer as follows: 

Q. How lon. 2 : have you resided in Alaska?—A. Sixteen years. 

(,). How loiya: in tbe Steel Creek votinj? precinct?—A. Eight years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote Novemlier .5, 1918?—A, No. 

Q. Why not?—A. I’olling place too far distant and inconvenient. 

Q. How far is it from Steel Creek to Moose and return?—A. Thirty miles. 

Q. Is it a two days’ trip in November?—A. Yes. 

Q. How many resident voters are there at IMoose Creek?—A. Two. 

Q. AVhere do the voters of Moose Creek precinct get their mail?—A. Steel 
Creek. 

Q. Is it not true that, in redistricting the Forty Mile recording precinct, the 
United States commissioner eliminated Steel Creek and AVade voting precincts, 
the two that gave a Republican vote?—A. Yes. 

Q. Why do you think he did this?—A. Politics and vindictiveness. 

Q. Who first organized the Moose precinct and for what reason?—A. J. .1. 
Donovan, the present commissioner, and for no good reason. 

Q. Having seen the order and notice redistricting the Forty Mile precinct, 
what is its date?—A. October 1, 1918. 

Q. Had you been able to vote November 5, 1918, for whom would you have 
cast your ballot?—A. .lames Wickersham. 

E. B. Ewing. 

Sworn and subscribed to before me this 5th day of September, A. D. 1919. 

[seal.] Chas. E. M. Cole, 

Notary PulMc in and for the Distriet of Alaska 

Residing at Jack Wade. 

My commission ex])ires October 15, 1919. 

deposition of JOSEPH N. BROST. 

Territory of Alaska, 

Forty Mile Precinct, ss: 

JOSEPH N. BROST, first being duly sworn, deposes and makes answer as 
follows: 

Q. How long have you resided in Alaska?—A. Twenty years. 

Q. How long in the Steel Creek voting precinct?—A. Four years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote November 5, 1918?— A. Yes. 

Q. AVhy not?—A. - 

Q. How far is it from Steel Creek to Moose and return?—A. Thirty miles. 

Q. Is it a two-days’ trip in November?—^A. One. 

Q. How many resident voters are there at Moose Creek?—A. Do not know. 

Q. Where do the voters of Moose voting precinct get their mail?—A. Steel 
Creek. 

Q. Is it not true that the United States commissioner in redistricting the 
Forty Mile precinct eliminated the Steel and M'ade voting precincts, the two 
that gave a Republican majority?—Yes. 

Q. M^hy do you think he did this?— A. Do not know. 

Q. Who first organized the Moose voting precinct, and for what reason?—A. 
Do not know. 

Q. Having seen the order and notice redistricting the Forty Mile precinct, 
what is its date?—A. Yes; October 1, 1918. 

Q. Had you been able to cast your ballot November 5, 1918, for whom would 
you have voted?—A. For Democrat. 

Jos. N. Brost. 

Sworn and sub.scribed to before me this 5th day of September, A. D. 1919, 

[seal.] Chas. E. M. Cole, 

Notary Public in and for the District of Alaska, 

Residing at Jaek Wade. 

My commission expires October 15, 1919. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 263 


DEPOSITION OF MRS. J. A. KEMP. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

Mrs. J. A. KP]M1*, first being duly sworn deposes and makes answer as 
follows: 


Q. How long have yon resided in Alaska?—A. Twenty years. 

How long in the Steel Creek voting precinct previous to Novemlier 5, 
1918?—A. Ten years. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote at the election November .5, 1918?—A. No. 

Q. Why not?—A. Too far to get to polls. 

Q. How far is it from Steel Creek to Moose and return?—A. Thirty miles. 

Q. M'ould you consider it a two days’ trip in November?—A. Yes. 

(}. How many resident voters are there at ^Nioose Creek?—A. Two. 

Q. Is it not true that the United States commissioner in redistricting the 
Forty Mile recording precinct eliminated oidy those voting precincts giving a 
Uepuhlican ma.ioi'ity, i e., .Tack Wade and Steel Creek.—A. Yes. 

Q. Why do you think he did this?—A. Spite and politics. 

Have you an idea as to why Moose Creek precinct was tirst organized by 
the present United States commissioner, .T. .1. Donovan?—A. General opinion 
is, personal spite. 

Q. Whjit was the date of the United States commissioner’s m-der and notice 
redistricting the Forty ^Nlile Precinct?—A. October I, 1918. 

ip Had you been able to vote November 5, 1918, for whom would you have 
cast your ballot?—A. .Tames Wickersham. 

Mrs. .1. A. Kemp. 


Sworn and subscribed to before me this 6th day of September, A. D. 1919. 
[seal.] . Chas. E. M. Cole, 

> Notary Puhlic in and for the District of Alaska 

Residiny at Jack Wade. 

]\Ty commission expires October 15, 1919. 


DEPOSITION OF E. L. ECKSTEIN. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

E. E. IilCTvSTEIN, first being duly sworn, deposes and makes answer as fol¬ 
lows : 

Q. How long have you resided in Nebraska?—A. Twenty years. 

Q. How long in the Wade voting precinct previous to November 5, 1918?— 
A. Four years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. xVre you of voting age?—A. Yes. 

Q. Did you vote on November 5, 1918?—A. No. 

Q. Why not?—A. Removal of polls from Wade and travel distance imposed 
by United State commissioner. 

(}. How far is it from .Tack Wade to Franklin and return?—A. Thirty miles. 

Q. Would you consider it a two-day trip in November?—A. Yes. 

Q. Are there overnight accommodations for 20 or more people at Franklin?— 
A. No. 

(). Which had the larger local voting population in 1918—Wade or Franklin— 
about liow many each?—A. .Tack Wade, 20; Franklin, 7. 

Q. Is it not true'that, in redistricting the T'orty Mile recording precinct .1. .1. 
Donovan, the United States commissioner retains only those precincts that had 
before given Democratic majorities, i. e., C’hicken, Franklin, and Moo.se, elimi¬ 
nating botli .Tack Wade and Steel Greek, the two giving a Itepublican vote?— 
A. Yes. 

Q. Why do you think this was done?—A. To di.scoiirage the Wickerham vote. 

Q. What was the date of the order and notice redistricting the Forty Mile 
recording precinct?—A. October 1, 1918. 

Q. Did you sign a protest to .Tudge ITunnell against the commi.ssioner’s unfair 
redistricting?—A. Yes. 


264 WICKERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 


Q. Had you been able to (-ast yoiii* ballot at the election held Xoveiiiber 5, 
3018, for whom woidd you have voted?—A. James Wickersham. 

E. Ij. Eckstein. 

Sworn and snbscrilx'd to before me this 8th day of September, A. D. 1919. 

[SEAL.I Chas. E. M. Cole. 

Notary Puhtiv in and for the District of Alash-a, 

Residiny at Jack Wade. 

Hy commission expires October 15, 1919. 

deposition of geo. e. pilz. 

Territory of Alaska, 

Forty Mile Precinct, ss: 

GEO. E. PTLZ, tirst being- duly sworn, deposes and makes answer as follows: 

Q. How long have you resided in Alaska?—A. Forty-two years. 

Q. How long in the Wade voting precinct previous to November 5, 1918?—A. 
Ten years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote on November 5, 1918?—A. No. 

Q. Why not?—A. Distance to Franklin and exi>ense too great. 

Q. How far is it from Jack Wade to Franklin and return?—A. Thirty-two 
miles. 

Q. Would you consider it a two days’ trip in November?—A. Yes. 

Q. Are there overnight accommodations for 20 or more people at Franklin?— 
A. No. 

Q. Which had the larger local voting population in 1918, Wade or Franklin, 
and how many?—A. .Tack Wade, 21; Franklin, 7. 

Q. Is it not true that in redistricting the Forty IMile recording precinct, 
J. J. Donovan, the United States commissioner, retained only those voting 
precincts that had before given Democratic majorities, i. e.. Chicken, Frank¬ 
lin, and Moose, and eliminated both Jack Wade and Steel Creek precincts, the 
ones usually giving a Republican vote?—A. Yes. 

Q. Why do you think this was done?—A. Politics. 

Q. What was the date of the order and notice redistricting the Forty ^lile 
recording precinct?—A. October 1, 1918. 

Q. Did you sign a protest to Judge Bunnell against the commissioner’s un¬ 
fair redistricting?—A. l>s. 

Q. Had you been able to vote, for whom would you have cast your ballot 
at the election held November 5, 1918?—A. James Wickersham. 

Geo. E. Pilz. 

Sworn and suliscribed to before me this 10th day of September, A. D. 1919. 

[SEAL.I . Chas. E. M. Cole. 

Notary Pnhtie in and for the District of Alaska, 

Residiny at Jack Wade. 

My commission expires October 15, 1919. 

DEPOSITION OF A. LASSEN. 


Territory of Alaska, 

Forty ^lile Precinct, ss: 

A. LASSEN, tirst being duly sworn, deposes and answers, as follows: 

Q. Ho\\’ long have you resided in Alaska?—A. Seventeen years. 

Q. How long in the Wade voting precinct previous to November 5, 1918?—A. 
Fifteen years. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Y'es. 

Q. Did you vote on November 5. 1918?—A. No. 

Q. Why not?—A. Wade precinct was taken away. 

Q. How far is it from Wade to Franklin and return?—A. Thirty-six miles. 

Q. Would it be a two days’ trip in November?—A. Yes. 

Q. Are there overnight accommodations for 20 or more people at Franklin?— 
A. No. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 265 

Q. Which has the hirjrer local voting population, Franklin or Wade?—A. 
Wade. 

t>. In redistricting the P^orty Mile recording precinct the United States coin- 
nnssioner eliminated those only of the voting precincts which gave a Republican 
majority, did he not?—A, Yes. 

(>. M'hich were they?—A. AVade and Steel. 

Q. Why do you think he did so?—A. I don’t know. 

IF What was the date of the order and notice of redistricting the Forty Mile 
precinct?—A. October 1, 1918. 

(}. Did you sign a protest to .Tudge Bunnell against the commissioner’s un¬ 
fairness?—A. Yes. 

Q. Had you been able to vote, for whom would you have cast your ballot?—■ 
A. Socialist. 

A. Lassen. 

Sworn and subscribed to before me this 12th day of September, A. D. 1919. 

[seal.] Chas. E. M. Cole, 

Xotary Public in and for the District of Alaska, 

Residing at Jack Wade. 

My commission expires October 1.5, 1919. 

DEI’OSITION OF -JOHN OSTERGAKD. 

Territory of Alaska, 

Forty Mile Precinct, ss: 

.lOHX OSTERGAKD, tirst being duly sworn, deposes and makes answer as 
follows: 

(). How long have you resided in Alaska?—A. Nineteen years. 

Q. How long in the Wade voting precinct previous to November 5, 1918?— 
A. Two years. 

(^. Are you a citiz|"n of the United States?—A. Yes. 

Are .\ou of voting age?—A. Yes. 

i}. Did you vote on November 5, 1918?—A. No. 

Why not?—A. Wade voting precinct was taken away, 

Q. How far is it fi’om .Tack IMide to Franklin and return?—A. Thirty-six 
miles. 

Q. AVould you consider it a two days’ trip in November?—A. Yes. 

(F Are there overnight accommodations for 20 or more iieojile at Franklin?— 
A. No. 

Q. Which laid the larger local voting population in 1918, Wade or Franklin, 
and how many?—A. Wade. 

R). Is it not true that in redistricting the Forty Mile recording precinct J. J. 
Donovan, the United States commissioner, retained only those that had before 
given a Democratic majority, i. e.. Chicken, P'ranklin, and Moose voting pre¬ 
cincts. and eliminated both Steel and .Tack AVade precincts, usuall.v giving a 
Republican vote?—A. Y^es. 

Q. AA’hy do you think this was done?—A. I don’t know. 

Q. AAdiat was the date of the order and notice of redistricting the Forty Mile 
recording precinct?-—A. October 1, 1918. 

Q. Did you sign a protest to .Tudge Bunnell against the commissioner’s un¬ 
fair redistricting?—A. Yes. 

Q. Had you been able to vote, for whom would you have cast your ballot at 
the election held November 5, 1918?—A. Sulzer. 

.Torn Ostergard. 

Sworn and subscribed before me this 12th day of September, A. D, 1919. 

[seal.] ' Chas. E. M. Cole, 

Notary Public in and for the District of Alaska. 

Residing at Jack Wade. 

United States of America, 

Terj'itory of Alaska, Forty 1/i/e Precinct, ss: 

I, Charles Pk M. Cole, first being duly sworn, depose and say that prior to 
the election for Delegate to Congress, held in Alaska on November 5, 1918, 
was a resident in the .Tack AAhide voting precinct of the Forty Ylile recording 
district, and so resided there on said 5th day of November, 1918. That shortly 


266 WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


before the election T was informed that the connnissioner in tlie Forty Mile 
precinct had redistricted the live precincts therein, to wit: (Jhicken, Franklin, 
Jack Wade, Steel Creek, and Moose Creek by leaving? ont Jack Wade and Steel 
Creek precincts, taking: Wade voters a round trip of 30 miles to Franklin, 
and Steel Creek voters a like trip of nearly 40 miles to Moose Creek, with the 
consequent roadhouse exi)ense, and in spite of the fact that both Wade and 
Steel Creeks are post ollices for their sections and trne centers of popnlation. 
That in the election of 1010 the vote at Wade was as follows : Siilzer, 3 ; Wicker- 
sham, 9; Lewis, 9, making a total of 21 votes. In Steel Creek precinct the 
vote was: Snlzer, 1; Wickersham, 9; Lewis, 2, making a total of 12 votes, and 
affiant believes that these precincts were abolished for the i)nrpose of disconr- 
aging the Wickersham vote by imposing travel and expense on tpe voters in 
these assured Wickerslnim precincts. 

That affiant was miable, by reason of the distance and inability to travel at 
that season, to reach the polling place i)r()vided and cast his vote at the said 
election on November 5, 1918, and by reason of the fact that the precinct in 
which he resided had been abolished. That affiant would have voted for 
Wickersham if he had been able to cast his ballot at said election. That 
affiant was at Franklin on the 26th day of September, 1918, and the commis¬ 
sioner stated to him and others that “ he had received instructions to reduce 
election expenses, from Fairbanks, and would have to redistrict the district,’" 
but at that date was undecided, and there was nothing definite said at the 
time affiant left Franklin on September 27, 1918, though he offered to guar¬ 
antee an election at Wade without expense to the Territory. Affiant believes 
that the redistricting was done at or about the dates mentioned in September 
and not in accordance with the statute which requires such redivision to be 
made “ not less than 60 days previous to election.” 

Further, affiant will state that fully 30 voters received their mail at the 
Jack Wade post office at the date of the aforesaid election, and the redistrict¬ 
ing was so done as to throw some of them to ^Nloose Creek, a nonpost-office point. 

Phirther affiant will state that said J. J. Donovan stated, on the 26th day of 
September, 1918, during the conversation above mentioned, that if he brought 
Wade voters to Franklin he knew none of them would vote. 

Chas. E. M. Cole. 

Sworn and subscribed to before me this 13th day of September, A. D. 1919. 

[seal.] N. A. Lysell, 

Notary Public in and for the District of Alaska, 

Residing at Eagle, Alaska. 

My commission expires April 8, 1923. 

Territory of Alaska, 

Forty Mile Precinct, ss: 

Chas. E. M. Cole, a notary public in and for the Territory of Alaska, duly ap¬ 
pointed and commissioned as such, first being duly sworn, depo??es and says: 
That in accordance with the authorization of James Wickersham, contestant 
in the matter of Delegate from Alaska arising from the election of November 
5, 1918, and a certain notice served on the contestee and his agents, affiant 
proceeded on September 3, 1918, at 10 o’clock a. m. to take those depositions 
mentioned in aforesaid notice. 

That conditions of travel, distance, and seasonal residence are such in Alaska 
that in several cases affiant was unable to reach the parties named in said 
notice, and in three instances delegated other notaries to take depositions 
of temporary absentees from their places of residence under his authority to 
take aforesaid depositions. 

Affiant deposes further that the contestee sent no representative to cross- 
examine or otherwise interrogate deponents, and that the before-in-mentioned 
depositions are forwarded to Clerk of House of Representatives in three 
envelopes by registered mail, i. e.; two others besides the one in which this af¬ 
fidavit is inclosed. 

Affiant further deposes that he wrote to J. J. Donovan, the United States 
commissioner at Franklin, on August 27, 1919, requesting a certified copy of 
his order and notice for the election held in Alaska November 5, 1918, receiving 
no reply. A second request, inclosing .$5 for- fees, if required, was sent on 
September 11, 1919. His answer in registered letter No. 42 is attached hereto, 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 267 

together with stylo copies of affiant’s letters to J. J. Donovan on the above- 
nained dates, and depositions of witnesses. 

Affiant further states said United States coininissioner, between the dates 
hereinabove mentioned, visited the wireless station at Eagle, Alaska. 

Chas. E. ini. Cole. 

Sworn and subscribed to before me this 13th day of September, 1919. 

N. A. Lysell, 

}^otary Public in and for the District of Alaska, 

. . Residiny at Eagle, Alaska. 

Aly commission expires Ajiril 8, 1923. 


Mr. Charles E. :\r. Cole, 

Jack M ade, Alaska. 


FraxXklin, AlaskxV, September 12, 1910. 


Dear Sir : I am in receipt of your letter of September 11, inclosing $5 for a 
certified copy of order and notice of the general election, November 5, 1918. 

As there is no fees provided for such services in connection with general 
election, I am returning to you the $5; you will please find same inclosed. 
Respectfully, yours, 

John J. Donovan, 

United States Commissioner. 


Jack Wade, Alaska, September 11, 1919. 

J. J. Donovan, United States Commissioner, 

Franklin, Alaska. 

Sir : I am inclosing .$5 for a certified cop.v of your order and notice in the 
matter of election November 5, 1918. Plea.se send by return mail and oblige. 
Yours, truly, 

Chas. E. M. Cole. 


Memoranda. —This letter is the one answered* by Donovan September 12, 
the original of which accompanies other papers. 


Chas. E. M. Cole. 


Jack Wade, Alaska, August 27, 1919 

J. J. Donovan, 

United States Commissioner, Franklin, AlasUa. 


Dear Sir. I am requested to obtain a copy of your order (redistricting the 
Forty-Mile Precinct October last), under your seal. Will vou oblige me with 
this? 

Respectfully, 

Chas. E. M. Cole. 


Memorandum. —This letter ^^'as ignored. 

Chas. E. M. Cole. 

United States of America, Territory of Alaska, 

• Forty-Mile Precinct, ss: 

E. L. Eckstein and T. E. I’hillips, first being duly sworn, depose and say: 
That they were in the .Tack Wade post office Septemlier 13, 1919, on the arrival 
of the mail from Franklin, Alaska; saw the inclosed .registered letter 'and en¬ 
velope (addressed to Clias. E. M. Cole), opened, read the letter, examined the 
envelope, and found no certified copy of the order and notice mentioned therein, 
i. e., in the matter of the Alaskan Delegate election held November 5, 1918. 

E. L. Eckstein. 

T. E. Phillips. 


Sworn and subscribed to before me this 13th day of September, 1919. 
[SEAL.] Chas. E. M. Cole, 

Xotary Public in and for the District of Alaska, 

residing at Jack Wade. 


My commission expires October 1.5, 1919. 


268 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


ORDER AND NOTICE OF ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1918. 

Ill the office of the United States Coniniissioner at Franklin, Alaska, Fourth 
.Tiidicial Division, in the matter of the election of a Delegate to the House 
of Ilepresentatives from the Territory of Alaska, one member of the Senate of 
the Territory of Alaska, four membei's of the House of Representatives of the 
Territory of Alaska, one road commissioner for Road District No. 4. 

In pursuance of an act of Congress approved May 7, 190G, entitled “An act 
providing for the election of a Delegate to the House of Representatives from 
the Territory of Alaska,” I, .Tohn .1, Donovan, United States commissioner, in 
and for the Forty Mile precinct, fourth division. Territory of Alaska, do hereby 
order that said recording district he, and the same is hereby divided into the 
following voting precincts, the boundaries thereof defined, a polling place speci¬ 
fied, and a notice of said election published ; fixing the date of said election, 
and designating the said polling places as follows, and the hours between 
which said polling places will be open: 

1. d/oo.sc Creek precinct. —It is ordered that the boundaries of said precinct 
shall he as follows: Commencing on the Forty Mile River, at the international 
boundary line, thence running upstream to the mouth of O’Brien Creek, in¬ 
cluding all tributaries flowing into the said Forty Mile River and Walker’s 
Fork and all its tributaries, from the mouth of Cherry Creek upstream to 
the inteimational boundary line. 

2. Franklin voting precinct. —It is ordered that the boundaries of said pre¬ 
cinct shall he as follows: Commencing on the Forty IMile River at the mouth 
of O’Brien Creek, thence running upstream and including all tributaries of the 
North Fork, within the boundaries of the Forty Mile precinct, and all tribu¬ 
taries of the South Fork upstream to the mouth of Walker’s Fork, thence in 
an easterly direction to the mouth of Cherry Creek on said Walker’s Fork and 
all its tributaries flowing into Walker’s Fork. 

3. Chicken voting precinct. —It is ordered that the boundaries of said pre¬ 
cinct shall be as follows: Commencing at the mouth of Walker’s Fork on the 
South Fork of the Forty Mile River, thence in a southerly direction, including 
Dennison Fork and all its tributaries. Mosquito Fork and all its tributaries, 
and the Tanana Basin within the boundaries of the Forty INIile precinct. 

4. That the several polling places herein designated will be open for the 
reception of votes from 8 o’clock unto 7 o’clock p. m. on the day of said elec¬ 
tion ; to wit the 5th day of November, 1918. 

Dated this the 1st day of October, 1918. 

.Toiin .1. Donovan, 

United States' Commissioner in and for the 

Fortg Mile Precinct, Territory of Alaska. 


United States of America, Territory of Alaska, 

Forty Mile Precinct, ss: 

Charles E. M. Cole, first being duly sworn, deposes and says that the fore¬ 
going order and notice is a true and accurate copy of an original now posted 
on his residence, which is the post office at .Tack Wade, Alaska. 

Chas. E. M. Cole. 


Sworn and subscribed to before me, this 13th day of Sept., 1919. 

[seal,] N. a. Lysell, 

Notary Puhlic in and for the District of Alaska, 

Residing at Eagle, Alaska. 


My commission expires April 8, 1923. 


DEPOSITION OF EMIL KRUGER. 


United States of America, Territory of Alaska, 

Forty Mile Precinct, ss: 

EMIL KRUGER, first being duly sworn, deposes and makes answer as 
follows: 

Q. How long have you resided in Alaska?—A. Since 1903. 

Q. How long in the Steel precinct previous to November 5, 1918?—A. One 
year. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote November 5, 1918?—A. Yes. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 269 


Q. Ho^y far is it from Steel Creek to ^Nloose and return?—A. Twenty-eight 
miles. 

Q. ITow far is it from your residence to Steel Creek?—A. Three miles. 

Q. How many resident voters are there at Moose Creek?—A. Two. 

Q. AVhere do you get your mail?—A. Steel Creek. 

Q. Is it not true that in redistricting the Forty Mile recording precinct the 
United States commissioner eliminated both Seel and Jack Wade voting pre¬ 
cincts, the two precincts that gave Republican majorities?—A. Don’t know. 

Q. Why do you think he did this?—A. Don’t know. 

Q. Do you know who first organized the Moose voting precinct, and can you 
say why it was done?—A. Donovan organized Moose. Why it was done, don’t 
know. 

Q. Having setm the order and notice redistricting the Forty Mile precinct, 
will you state its date?—A. October 1, 1918. 

Q. Will you state for whom you cast your ballot as Delegate from Alaska 
November 5, 1919?—A. James Wickersham. 

Emil Kruger. 


Sworn and subscribed to before me this 9th day of September, 1919. 

[seal.] N. a. Lysell, 

Notary Public in and for Territory of Alaska, 

Residing at Eagle, Alaska. 


INIy commission expires April 8, 1923. 


deposition of JOHN HAUN. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

JOHN HAUN, first being duly sworn, deposes and makes answer as follows: 

Q. How long hav( you resided in Alaska?—A. Five years. 

Q. How long in the Steel Creek voting precinct preceding November 5, 1918?— 
A. Four years two months. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote on November 5, 1918?—A. No. 

Q. Why not?—A. No voting place at Steel Creek; too far to Moose. 

Q. How far is it from Steel Creek to Moose and return?—A. Twenty-eight 
miles. 

Q. Would you consider it a two days’ trip in November?—A. Yes. 

Q. Which "has the larger local voting population, Steel Creek or Moose 
Creek?—A. I don’t know. 

(}. Is Moose Creek a post office?—A. No. 

Q.Where do the voters and other residents of the now Moose Creek voting 
precinct get their mail?—A. Steel Creek. 

Q. Is it not true that in redistricting the Forty Mile recording precinct J. J. 
Donovan, the United States commissioner, eliminated the Republican voting 
lu-ecincts, Wade and Steel Creek, and retained the Democratic ones. Chicken, 
Franklin, and Moose?—A. Yes. 

Q. Why do you think this was done?—A. Politics. 

Q. Wlilit wj'is the date of the order and notice redistricting the Forty Mile 
recording precinct?—A. First day of October, 1918. 

Q. Had you been able to vote, for whom would you have cast your ballot 
at the election held November 5, 1918?—A. James M ickersham. 

John Haun. 

Sworn and subscribed to before me this 13th day of September, A. D. 1919. 

[SEAL.] N.'A. Lysell, 

Notary Public in and for Territory of AUiska, 

Residing at Eagle, Alaska. 

My commission expires'April 8, 1923. 

deposition of MRS. AGNES HICK. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

Mrs. AGNES HICK, first being duly sworn, deposes and makes answer as 
follows: 


270 


WTCKERSHAM VS. SULZER, DECEASED, AND CxRTGSBY. 


Q. How long ihnve yon resided in Alaska ?—^A. Tw'o years. 

Q. How lout? in the Wade voting precinct previous to November 5, 191S?— 
A. One year. 

Q. Are yon a citizen of the Ihiited States?—A. Yes. 

Q. Are yon of voting age?—A. Yes. 

Q. Did yon vote on November 5, 1918?—A. No. 

Q. Why not?—A. Too far to go to Franklin to vote. 

Q. How far is it from .Tack Wade to Ih-anklin and return?—A. Abont 34 
miles fi-om onr cabin. 

Q. Would yon consider it a two days’ trip in November?—A. Yes. 

Q. Are there oveimight accommodations for 20 or more people at It^ranklin?— 
A. Not at the roadhouse. 

Q. Which had the larger local v'oting population in November, 1018, Wade 
or Franklin and how many?—A. As far as I could learn Wade, but can not be 
accurate in this reply. 

Q. Is it not true, that in redistricting the Forty ]Mile recording precinct, .1. ,T. 
Donovan, the Thiited Sates Commissioner, retained only those voting precincts 
that had before giv'en Democratic majorities, i. e., Chicken, Franklin, and 
Moose, and eliminated both .Tack Wade and Steel Creek, the tvv^o usually giv¬ 
ing a Republican vote?—A. I believe this to be the case. 

Q. Why do you think this was done?—A. For political imrposes. 

Q. What was the date of the order and notice redistricting the Forty Mile 
recording precinct?—A. Immediately before election. 

Q. Had you been able to v'ote, for whom would you have cast your ballot at 
the election held November .5, 1918?—A. .1. Wickersham. 

Mrs. Agnes A. Hick. 

Witnesses: 

C. A. Thompson, 

.1. D. Howard. 

Swmrn to and subscribed before me this 1st day of November, 1919. 

[seal.] Clyde A. Thompson, 

’Notary Puhlic in and ior the Territory of Alaska. 

My commission expires .Tune 27, 1923. 

deposition of GEORGE HICK. 


Territory of Alaska, 

Forty Mile Precinct, ss: 

CEORCF HICK, first being sworn, deposes and makes answer as follows. 

Q. Hovv' long have you resided in Alaska?—A. Twenty years. 

Q. How long in the .Tack Wade voting precinct previous to November 5, 
1918?—A. One year and five months. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Are you of voting age?—A. Yes. 

Q. Did you vote on November .5, 1918?—^A. No. 

Q. Why not?—A. Too far to voting precinct. 

Q. How far is it from Jack Wade to Franklin and return?—A. Thirty to 
forty miles. 

Q. Would you consider it a‘ tvv’o daj^s’ trip in November?—A. Certainly. 

Q. Are there overnight accommodations for 20 or more people at Franlclin? 
—A. No. 

Q. Which had the larger local voting population in 1918, Wade or Franklin, 
and how many?—A. .Tack Wade; could not say how many. 

Q. Is it not true ,that in redistricting the Forty Mile recording precinct, .T. .T. 
Donov’an, the Thiited States Commissioner, retained only those voting precincts 
that had before given Ilemocratic majorities, i. e., Chicken, Franklin, and Moose, 
and eliminated both Jack Wade and Steel Creek, the two usually giving a Re¬ 
publican vote?—A. Apparently so. 

Q. Why do you think this was done?—A. For ])olitical purposes. 

Q. What was the date of the order and notice redistricting the Forty Mile 
recording precinct?—A. Just prior to election—October 1. 

Q. Did you sign a protest to Judge Bunnell against the commissioner’s un¬ 
fair redistricting?—A. Yes. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 271 


^ Q. Had you been able to vote, for whom would you have cast your ballot on 
November 5, 1918?—^A. James Wickersiham. 


George W. Hick. 

Witnesses: 

C. A. Thompson, 

J. J. Howard. 


Sworn to and subscribed before me this 1st day of November, 1919. 
[seal.] Clyde A. Thompson, 

Notary Puhlic in and for the Territory of Alaska. 

My commission expires June 27, 1923. 


DEPOSITION OF CLARENCE MOSSMAN. 


The takin. 2 : of testimony in the above entitled case resumed this 10th day of 
September, 1919, at 8 p. m., pursuant to a stipulation hereto attached. 

Present: Arthur G. Thompson, notary public, designated herein at Anchor¬ 
age ; Isabel Nelson, stenographer; Thomas Price, representing George B. 
Grigsby, substituted for contestee, Charles A. Sulzer; Clarence W. Mossman, 
and Mrs. Clarence W. Mossman, witnesses stipulated to attend. 

Mr. Thompson. Mr. Mossman, will you be sworn? Do you solemnly swear 
to true answer give to all interrogatories propounded to you in this case in 
which James Wickersham is contestant and Charles A. Sulzer (and George 
B. Grigsby contestee of the election to the delegateship to Congress from the 
Territory of Alaska? 

INIr. Mossman. I do. 

By Mr. Thompson : 

Q. Mr. Mossman, how long have you resided in Alaska?—A. Since 1907. 

Q. How long have you resided in Anchorage?—A. Since January 28, 1917. 

Q. What is your official capacity?—A. Deputy United States marshal. 

Q. Did you vote here at the primary election last April?—A. I did. 

Q. Did you vote at that election for one of the candidates for Delegate to 
Congress?—A. I did. 

Q. Did you vote at the election last November, Mr. Mossman, for one of the 
candidates for Delegate to Congress?—A. I did. 

Q. Where did you vote in November?—A. At Valdez. 

Q. Where is your residence, Mr. Mossman?—A. In Anchorage, Alaska. 

Q. That is all. 

Cross-question by Mr. Price : 

Q. You say that Anchorage is your official headquarters?—A. Yes, sir. 

Q. Where do you reside when not serving in your official capacity?—A. You 
ask where I resided before I came to Anchorage? 

Q. Y^es.—A. At Valdez. 

Redirect question by Mr. Thompson : 

Q. For whom did you vote at Valdez? 

Mr. Price. Objection. Witness is protected in his franchise; does not have 
to answer that question unless he so desires. 

Overruled. 

Q. For whom did you vote, Mr. Mossman?—A. I decline to answer. 

C. W. Mossman. 


Subscribed and sworn to before me this 11th day of September, 1919. 


My commission expires March 6, 1922. 


Arthur G. Thompson, 

Notary Public. 


notary’s certificate. 


This is to certify that C. W. Mossman, the witness whose testimony appears 
in the foregoing deposition, appeared before me at the time and place in this 
deposition stated, and after being first duly sworn to tell the truth in the above- 
entitled case, was then and there interrogated by me and by Thomas Price, 


272 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


representing? the substituted eontestee, Geor^je Grigsby, touching the matters at 
issue in said case, and tliat the interrogatories propounded to said witness and 
the answers given by said witness to said interrogatories are set forth in said 
deposition, together witli the ol)jections of the representatives of the parties 
hereto, the rulings of the notary thereon, and the exceptions taken thereto; 
that I caused said deposition to be taken and transcribed by Isabel Nelson, 
stenographer, and when completed the same was read by the witness and by 
bim or her corrected, and that said witness then signed the same and upon oath 
swore that said deposition is true; that said deposition was taken pursuant to 
adjournment of the hearings for the purpose of taking depositions on behalf of 
the contestant herein, and to the attached stipulation. 

In testimony whereof I have hereunto subscribed my name and affixed my 
official seal this 11th day of September, 1919. 

[seal.] Akthur G. Thompson, 

Notary Pnhlic in and for the Territory of Alaska, 

Residing at Anchorage. 

]My commission expires May 6, 1922. 

STIPULATION. 

It is hereby stipulated and agreed by and between James Wickersham, con¬ 
testant, by his agent and representative. Dr. F. M. Boyle, and Charles A. 
Sulzer (for whom George B. Grigsby has been substituted for purix)se of service 
and notice upon tbe demise of said Sulzer), eontestee, by his agent and repre¬ 
sentative, and on behalf of said Grigsby, Tbomas C. Price, in the above-entitled 
cause and the hearing therein, that the testimony of Harry Kingsberrry, a wit¬ 
ness cited to appear herein, may be taken on the 2d day of September, 1919, 
at the hour of 8 o’clock p. m.; and the testimony of C. W. Mossman and Mrs. 
Mossman, witnesses cited to appear herein, but at present absent from the town 
of Anchorage, may be taken upon tbeir return at a time to be agreed upon by 
the representatives of the contestant and the eontestee herein ; and that no 
objection to said testimony or the introduction thereof shall be taken upon the 
trial of said cause on account of the extension or limitation of time herein 
stipulated. 

Dated at Anchorage, Alaska, this 2d day of September, 1919. 

F. M. Boyle, 

Representative of Contestant. 

Thos. C. Price, 
Representative of Contestee. 


SUBPCENA. 

To Charles Irving, Harry Kingsherry, Red McDonald, Iscptlmus D vinc, Charles 

McGarity, James Wheelock, and Mrs. James Wheelock: 

Greeting : By reason of the authority vested in me by the laws of the United 
States and the Tei-ritory of Alaska, and the notice to take testimony in the 
above-entitled case served by the contestant upon the contestee therein; 

You are hereby required to be and appear before me at my office, on the 
corner of Fourth and F Streets, in the town of Anchorage, Alaska, at the hour of 
10 o’clock a. m. oji AVednesday, the 3d day of September, 1919, then and there 
to testify in the above-entitled cause on oath, and true answers given to the 
questions that may be propounded to you ; and if said testimony is not concluded 
on said day it will be continued from day to day until concluded, and therein 
fail not. 

Given under my hand and the seal of my office this 30th day of August, 1919. 

[seal.] Arthur G. Thompson, 

Notary Public in and for the Territory of Alaska, 

Residing at Anchorage. 

My commission expires May 6, 1922. 

I hereby certify that I received the hereunto attached summons on the 1st 
day of September, 1919, at Matanuska, Alaska, and thereafter, on the same 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


273 


(late, I served the same at Cliickaloon. Alaska, by delivering to ai d leaving with 


Charles Irving a copy thereof. 

Marshal’s fees: 

1 service-$1. oO 

88 miles, at 20 cents per mile, going to serve_ 7. (50 

38 miles, at 20 cents per mile, returning_ 7. (50 


Total____16.70 


F. K. Brenneman, 
United States Marshal. 
By A. F. Hoffman, 

Deputy. 


September 11, 1919. 

Received $16.70 from A. G. Thompson for above service. 


F. R. Brenneman, 
United States Marshal. 
By C. W. Mossman, 

Deputy. 


DEPOSITION OF JAMES WICKERSHAM. 


Testimony taken on the 6th day - of September, 1919, before Arthur G, 
Thompson, a notary public, in and for the Territory of Alaska, at the ofRce 
of said notary in the town of Anchorage, Alaska, upon notice to George Grigsby, 
substituted contestee, the following persons being present: 

Present: Arthur G. Thompson, notary public; James Wickersham, contestant; 
Mrs. Isabel Nelson, stenographer for notary; Thomas Price, representing George 
Grigsby. 

Continuation of the taking of testimony begun on September 3, 1919. - 

Hearing begun at 7.30 p. m. and concluded at 8.30 p. m. September 6, 1919. 

JAMES WICKERSHAM, the contestant herein, gave and offered for record 
the following testimony, having first been duly sworn : 

On August 27 I received a telegram from Henry T. Ray, the agent agreed 
upon by IMr. Grigsby and myself as my agent at Fairbanks, Alaska, informing 
me of his efforts to secure the assembly of certain soldiers, members of the 
Signal Corps; and I ask to have this telegram marked “ Exhibit 1 ” and made 
a part of my testimony. 

Exhibit 1. 

James Wickersham. Fairbanks, Alaska, August 27, 1919. 

Valdez: 

Reipiested Col. Lewis, Fort Gibbon, to assemble men and designate date, 
suggesting September 2. He answered, “ Not familiar with resolution,” ami 
asked what authority for assembling at Fairbanks, stating that taking of 
men away would cripple system. AVe are wiring him, quoting sections 9 and 
10 of resolution; also list of witnesses; also informed him we had to-day 
furnished resolution Congressional Record containing list witnesses to officer 
in charge Fairbanks. We are informed Fairbanks and stations south are 
controlled from Valdez office. Your letter of August 2, Grigsby answer, and 
your reply received 25th, but no printed notice of contest against Grigsby 
separately. 

Henry T. Ray. 

I offer another telegram sent by ^Ir. Ray, dated August 28, and upon the 
same matter, and ask that it be marked “Exhibit 2” and made a part of my 
testimony: 

Exhibit 2. ' 

Fairbanks, Alaska, August 28, 1919. 

James Wickersham, Valdez: 

Gibbon station advises five men on list now at Niilato, one at Nome, four at 
Gibbon. First six can not reach Fairbanks by September 6; further, says no 
orders from th(‘ AVar Department. Therefore can not comply with request. 
Must have higher authority. AATre me instructions. 


151279—20-18 


Henry T. Ray. 








274 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBV. 


I also offer a copy of a telegram which I sent personally to Col. Lenoir, coni- 
inander of the Signal Corps in Alaska, at Seattle, Wash., on the same matter. 
I ask to have it marked “ Exhibit 3” and made a part of my testimony. 

Exhibit 3. 


Valdez, Alaska, Ananst 28, 1910. 

Lexoir, 

r. O. Signal Corps, AJasl-a, Seattle, Wash.: 

Am informed officer commanding Signal Corps men at Fort Gibbon refuses 
to assemble men voting illegally, as required by House resolution 105, July 28 
last. Time expires September 0. Will you order action desired? Please 
answer. 

James Wickersham. 

I offer a telegram of August 29, from Col. Lenoir, in answer to my last one 
offered, and ask to have it marked “Exhibit 4” and made a part of my 
testimony: 

Exhibit 4. 

Seattle, AVash., August 20, 1010. 

Judge Wickersham, Valdez: 

AVired chief signal officer, August 23, your request as to assembling men 
under House resolution. As yet no instructions received, nor does this office 
know anything of resolution; therefore am unable to act under it. I will repeat 
your telegram of yesterday to C. S. O. 

Lenoir. 

I offer another telegram from Col. Lenoir to me, dated August 29, in relation 
to the same matter, and ask to have it marketl “ Exhiliit 5 ” and made a part 
of my testimony: 

Exhibit 5. 

Seattle, AA'ash., August 20. 1010. 

.Judge Wickersham, Valdez: 

Have just received order to congregate all men who voted in Alaska at 
A'aldez, Sitka, and Fairbanks. Have issued instructions to the officers in 
charge Ahildez, Sitka, and Fort Gibbon to assist officers holding investigation 
in every way po.ssihle without disrupting communication in Alaska. It will he 
apparent to you that it will he impracticfdde to move men, for instance, at 
Nulato and outlying important places to Fort Gibbon. It is requested that 
you enter into communication with the officers concerned with the view of the 
investigating committee visiting the men who can not he brought into these cen¬ 
tral points. 

Lenoir, 

I next offer in evidence a copy of a communication from myself to Maj. 
Huston, commanding officer of the Signal Corps, ATildez, Alaska, dated Au¬ 
gust 29, requesting him to forward copy of last Lenoir telegram to Henr.v T. 
Ray at Fairbanks, and ask to have it marked “ Exhibit 6 “ and made a part 
of my testimony. 

Exhibit 6. 


A\\u)ez, Alaska, August 20, 1010. 

INIaj. Huston, 

Commanding Offleer, Signal Corps, Valdez, Alaska: 

I respectfully request that a cop.v of the official telegram addressed to me 
and signed by Col. I.enoir, received late this afternoon, marked “ 121 S I G 
98 OB P>ody," in respect to compliance with House resolution No. 105, be 
forwarded to officer in charge Signal Corps at Fairbanks, with instructions to 
he governed thereby, and also to deliver copy to my agent there, Henry T. Ray. 
AATll ,vou kindly advise me if this can he done this evening, as the time pre¬ 
scribed by the resolution has almost expired, and unless quick action is taken 
it can have no good effect. 

Respectfully, 


James AATckersham. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 275 


Here is a copy of notice to take testimony in tliis case, with names of the 
witnesses to be examined at Anchorage, served on ]\Ir. Dimond. IMy notice 
was served by Judge Keed, Tins notice is to he tiled with the other papers 
in this case. 

As soon as I reached Valdez and got so that I could he around I had a 
notice served on Mr. John A. Clark at Fairbanks, the agent of Mr. Grigsby, 
by my agent, Mr. llay, giving notice of the taking of the testimony of 21 or 
22 witnesses at Forty Mile or Jack Wade. As soon as that notice was served 
I sent another telegram to Charles E. M. Cole, notary public at Jack Wade, 
instructing him that he had been appointed notary in this case, and gave 
Mr. Cole a list of names of the witnesses in the telegram. 

This telegram could only go to Eagle City, there being no telegraph line 
to Forty Mile or Jack Wade, or nearer than Eagle City, which is 35 or 40 
miles distant over quite a stretch of mountain range. 

The commanding oflicer of the Signal Corps at Valdez notified me that the 
telegram to Notary Public Cole would not be delivered except by deposit in 
the mail at Eagle City, and that I would have to run the risk of its not 
reaching him before September 0, the date upon which the time tor taking 
the tlepositions expired. 

I also sent a telegram to the postmaster at Eagle City, asking him to make 
special effort to get the telegram, which had been deposited in the United 
States mail, forwarded to Mr. Cole at Jack Wade by any person who might 
be going in that direction before the regular mail day. There is some doubt 
in my mind whether the telegram will reach Jack Wade in time to take the 
depositions. 

I now offer in evidence, from the printed testimony in the contested election 
case of Wickersham v. Sulzer, Territory of Alaska, caused to be printed by 
the Flouse of Representatives in the Sixty-sixth Congress, a certified copy 
made by the commissioner at Franklin, Alaska, of an order in which Jack 
Wade and other voting precincts are created in the Forty Mile commissioner’s 
district. This certified copy appears to have been made October 1, 1918, 
and signed by the commissioner of Forty Mile recording district. This order 
divides Forty IMile recording district into voting precincts, and appears at 
page 81 of the official document mentioned, and is there marked “ Exhibit 27.” 

I also offer in evidence the originals now in the hands of the Clerk of the 
House of Representatives of all those documents in the said printed book 
on pages 82, 83, 84, and 85, being Exhibits 28, 29, 30, 31, and 32 of said 
l)rinted record, heretofore filed and now in the custody of the Clerk. 

James Wickersham. 

Subscribed and sworn to before me at Anchorage, Alaska, this 6th day of 
September, 1919. 

[SEAL.I Arthur G. Thompson, 

Notary Puhlic for the Territory of Alaska. 

Exhibit 7. 

To George B. Grigsby, contestee, and A. J. DUnand, his agent in the above- 
cntitled proceeding: 

You are hereby notified that the depositions of .John C. Probst, A. W. Walter, 
Septimus Irving, Charles Irvine, C. W. Mossman. IMrs. C. W. Mossman, Louis 
Marshall, R. A. McCullough, Harry Kingsbury, and Red McDonald will be taken 
before A. G. Thompson, Esq., a notary public in and for the Territory of 
Alaska, at his office in the town of Anchorage, Alaska, on the 3d day of Septem¬ 
ber, 1919, beginning at the hour of 10 o’clock a. m. of said day, such depositions 
to be read as evidence in behalf of the said James Wickersham, contestant, and 
that the taking of such depositions will he continued from day to day thereafter 
and over Sundays and holidays, if any, until such depositions shall be com¬ 
pleted. 

You are requested to lie present to tJ ke such action as you may deem ad¬ 
visable. 

Dateii this 27th d;iy of August, 1919. 

.Tames Wickersham, 

Contestant. 

Service of copy admitted this 27th day of August, 1919, 

Anthony .1. Dimond, 

Agent for Contestee George B. Grigsby. 


276 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Tekhitoky of Alaska, 

Third Division, Knik Prechict, ss: 

I hereby certify that James Wickersham, the witness whose testimony is 
given in the foregoing deposition on ])ages niiml)ered 1 to 7, inclusive, appeared 
at tlie time and place before stated, and after being by me tirst duly sworn 
to tell the truth in the above entitled case, was then interrogated l)y me in 
the presence of the persons before mentioned, and that the interrogatories 
propounded to said witness and the answers made by said witness thereto 
are set forth in the foregoing deposition, together with objections and ex¬ 
ceptions of counsel herein; that I caused said testimony to be taken and 
ti’anscrihed by Isabel Nelson, and when completed to he read by said witness 
and by said witness corrected, and that said witness then signed his name and 
upon oath swore that said deposition was true. 

In testimony whereof I have hereunto subscribed my name and affixed 
the seal of my office this 10th day of Septembei-, 1919. 

[seal.] Arthur G. Thompson, 

Notary Public. 

My commission expires May 6, 1922. 

DEPOSITION OF ALVIN WALTER. 

Testimony taken before Arthur G. Thompson, a notary public in and for 
the Territory of Alaska, at the office of said notary, in the town of Anchorage, 
Alaska, upon notice to George Grigsby, the substituted contestee, herein, on 
the 3d and 4th days of September. 1919. 

The following persons were pi’esent: Arthur G. Thompson, notary public; 
Isabel Nelson, notaiy’s stenographer; Thomas Price, repre.sentative of George 
Grigsby. 

Q. Mr. Walter will you be sworn? 

(Mr. Walter rises and raises right hand.) 

Q. Do you solemnly swear to true answer give to the questions propounded 
to you in this ca.se, in which James Wickersham is contestant and Charles A. 
Sulzer contestee of election to office of Delegate to Congress from the Terri¬ 
tory of Alaska?—A. I do. 

Q. State name, age, and place of residence.—A. Alvin Walter; 48; Palmer, 
Alaska. 

Q. Mr. Walter, are you a citizen of the United States?—A. Yes, sir. 

Q. How long have you been in the Territory?—A. About 17 years. 

Q. You are a resident of the Territory, are you not?—-A. Yes, sir. 

Q. Where were you last November?—A. At Chickaloon. 

Q. How long were you in Chickaloon prior to the election?—A. I went to 
Chickalon on tlie 8th day of August, I think, of that same year. 

Q. You were a re.sident of Chickaloon precinct at the time of the election?— 
A. Yes. 

Q. What were you doing out there?—A. Mining. 

Q. Was there an election held at that place for Delegate to Congress?— 
A. Yes. 

Q. What date?—A. The date was the 5th of November. 

Q. Were you there at that time?—A. Yes. 

Q. Did you hold any official capacity in connection with the election held 
there at that time?—A. I was one of the judges. 

Q. What party did you repre.sent?—A. The Republican Party. I suppose you 
would call it. 

Q. Who were the other judges of election?—A. Mr. ^Manning and ]Mi\ 
Gompertz. 

Q. Do you know John ProlVst who sits here beside you?—A. Yes, sir; I do. 

Q. Who was present when he offered to vote?—A. There was no one except 
myself, as I remember. There might have been others, but I do not remember 
iC there was. 

Q. AVhere were the other judges of election?—A. They had gone up the 
creek to have Mr. Kelley vote—Mr. Frank Kelley, who was sick. 

Q. Had they taken the election hooks and the ballot box?—A. Yes; they 
took the ballot box and the books. 


WICKERSHAM VS. SULZER, DECEASED,- AND GRIGSBY. 277 


you laiow wliether Ur. Kelley voted while the hooks and iudges were 
a^^a.^ .^A. His name was on the registration hooks when thev calne hack I 
examined it to see. 

Q. Do you know how he voted, Mr. Walter?—A. I do not. 

+1 . .lodges, with the hooks and ballot box, away?—A. I 

Ihnl.f '^'osn’t much over half a block— 

about 1,000 feet or so. 

Q. What was the reason for taking the books and box and going to Mr. 
K(dle.\ willi them? A. I\Ir. Kelley was sick and could not come out. 

others sick there at that time?—A. Not that I can recall. 

Q. Was the flu prevalent at that time?—A. I think it was about over at 
that time. It may have been the “ flu ” that he had. I do not know. I know 
tnat he could not come out. 

Q. Do you know whether any others voted while the books and ballot box 
were away?—A. W>11, no others signed the registration book. IMr. Kelley was 
the only one. 

Q. Did the .indges have the ballots?—A. Yes; they took ballots with them. 

Q. W ould it have been possible for others to have voted while they were 
avaj? A. Yes; they could have voted, but they could not have signed the 
books, as they were not signed there. 

Q. Others could have voted if the judges would have permitted it?—A. No; 
I would not say as to that; that is a question I could not answer; no one signed 
the book but iVIr. Kelley. 

Q. Rut they did permit Mr. Kelley to vote?—A. Yes. 

Q. You will not say, INIr. W^alter, that anyone else voted while the judges 
were away? A. I will say that no one else signed the books—the registration 
books. 


Q. INIr. Walter, how long, approximately, did it take for a person to vote at 
that election?—A. I would not say that. It would not take more than five 
minutes if a man had his mind made up and knew how he intended to vote. 

Q. Then, in 30 minutes it would have been possible for six persons to vote?— 
A. No. They would have had to cover the distance of about 2,000 feet over 
and back to the polls. 

Q. I am referring to the time when the judges were away, with reference 
to whether more than one vote could have been cast during the time provided 
the judges had permited it?—A. That is pretty hard to answer. 

Mr. Price. It is not fair to ask for an opinion. An opinion is not evidence, 
you know, Mr. Thompson. You ought not to ask such question. I object. 

(Objection overruled by Mr. Thompson.) 

(Ruling excepted to by Mr. Price.) 

(Question again asked. Again objected to.) 

Mr. Thompson. Answer is pertinent and proper, inasmuch as witness has 
stated that 1 vote could be cast in 5 minutes, as to whether 6 could be cast in 30 
minutes. 

Mr. Price. The question is not of any pertinence to the issue, and I object 
to it, , 

Mr. Thompson. The objection is overruled for the reason that it appears to 
the notary that all votes cast while the judges of election had the books and 
ballot box away from the polls were illegal votes, and it is of importance to 
determine who voted and how many votes were cast at that time. 

INIr. Price. The answer is out of order. It has only ^been established that 
there was one vote cast during that time, and the answer is out of order. 

Q. Mr. Walter, could you answer that question?—A. Yes. I will answer 
that it would have been impossible to have gone that distance and vote half a 
dozen men and return to the polls in that time. 

Q. Mr. Walter, I will now ask an hypothetical question. Suppose that 
while the judges were away with the books and ballot box there had been 
six men gathered together, ready to vote, in one place, would it have been 
possible for these six men to have voted during that time?—A. I can not an¬ 
swer that I do not believe. 

Q. Mr. Walter, do you know how Mr. Kelley voted?—A. I do not. 

Q. Were the judges, books, and ballot box away from the polls at any other 
time during the day?—A. No. 

Q. Mr. Walter, what sort of a box was used as a ballot box?—A. The best 
I can remember, it was a 50-pound powder box, with the top nailed on and a 
hole cut in the top. 


278 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Of wlint material was the box constructed?—A. Pine, I should judge. 

Q. Did it have a cover?—A. Yes. 

Q. Was the cover fastened?—A. Yes, 

Q. In what manner?—A. Nailed on. 

Q. Do you know whether the cover was removed while the judges had the 
ballot box away from the i>olls?—A. I do not. 

Q. Would it have been possible for the cover to have been removed and re¬ 
placed during that time and the box still present the same appearance as when 
it left the voting precinct?—A. No. 

Q. Why not?—A. Well, the nails would have to be drawn and put back, and 
there would have been some show on the box. 

Q. Were you present when the ballot box was oi)ened after the voting was 
finished?—A. Yes. 

Q. How was the box opened?—A. The nails were drawn out. 

Q. What implement was used?—A. I do not just remember. A claw hatchet 
or claw hammer. 

Q. Mr. Walter, was there anyone else there who voted while the ballot box 
and books were away?—A. No. 

Q. Do you know whether there were any other voters there who did not vote 
who knew that the ballot box and books had been removed from the polling 
place?—A. I do not think there was. 

Mr. Thompson. That is all. 

Mr. Price. I do not believe that I have any questions to ask the witness. 

Alvin Walter. 

Subscribed and sworn to before me this 4th day of September, 1919, at An¬ 
chorage, Alaska. 

[seal.] Arthur G. Thompson, 

Notary Piihlic.' 

My commission expires May 6, 1922. 

Territory of Alaska, 

Third Division, Knik Precinct, ss. 

1 hereby certify that Alvin Walter, the witness whose testimony is given in 
the foregoing deposition on pages numbered from 0 to 7, inclusive, appeared 
at the time and place before stated, and after being by me first duly sworn 
to tell the truth in the above-entitled case, was then interrogated by me in the 
presence of the persons before mentioned, and that the interrogatories pro¬ 
pounded to said witness and the answers made by said witness thereto are set 
forth in the foregoing deposition, together with the objections and exceptions 
of counsel herein; that I caused said testimony to be taken and transcribed 
by Isabel Nelson, and when completed, to be read by said witness and by said 
witness corrected, and that said witness then signed the same, and upon oath 
swore that said deposition was true. 

In testimony whereof I have hereunto subscribed by name and affixed the 
seal of my office this 10th day of September, 1919. 

[Seal.] Arthur G. Thompson, 

Notary Public. 

My commission expires May 6, 1922. 

, deposition of .iohn probst. 

Taken before Arthur G. Thomi).-on, a notary public in and for the Territory 
of Alaska, residing at Anchorage, at the office of said notary in Anchorage, 
Alaska, upon notice to George Grigsby, substituted contestee herein, at the 
convening of the continued hearing, on the 4th day of September, 1919. 

The following persons being present: Arthur G. Thompson, notary public 
appointed herein ; Isabel Nelson, notary’s stenographer; Thomas Price, repre¬ 
senting George Grigsby. 

The taking of testimony in the above-entitled case was resumed at 10 a. m., 
September 4, 1919, before Arthur G. Thompson, the notary public designated 
to take said testimony at Anchorage, Alaska, there being present certain wit- 
ne‘^ses, cited to appear, and Mr. Price, the representative of the contestee. 

Mr. Price. Before beginning the hearing of the witnes.ses present, I wish 
to make a motion that the entire testimony of “ Red ” McDonald, heretofore 
given, be not admitted to the record herein because: (1) He was not a voter 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 279 


at that election. (2) He had no ri^jht to vote, and did not vote. (3) His 
testimony is based iii)on hearsay and therefore not cinnpetent evidence. 

Mr. Thompson. The motion is denied. 

Mr. I’RicE. Exception taken to the decision. 

Mr. Thompson. I do not know M'hat judicial capacity is jjiven me in this 
matter of rnlin.a; on the testimony in this case, or what proceedings will he 
had in the House, but yonr motion is denied by me and yonr exception will be 
of record herein. The admissibility of the evidence will be decided by the 
House. 

Thereni)on the taking of testimony was resumed, afollows: 

Mr. ThomPvSon. Mr. Drobst, will you be SM’orn? 

Do yo\i solemnly swear to true answer j;ive to all (luestions that may be 
asked you in this case, in which James Wickersham is contestant and Charles 
A. Sulzer contestee of the election to Conjiress as Delejjate from the Territoi*y 
of Alaska? 

Mr. Drobst. I do. 

Ky Mr. Thompson : 

Q. IMease state your name, age, and place of residence.—A. Chickaloon; 
John C. Probst; 70 years. 

Q. Where do you reside at present?—A. I live now in Anchorage. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. Where were you last November?—A. In Chickaloon; I had a pool room 
and store there. 

Q. You were running a pool room and store there at that time?—A. Yes. 

Q. How long had you been in Chickaloon precinct prior to November 5?—A. 
About a year, maybe a few days more; I went out on the first train there; a 
year or so, I do not know exactly. 

Q. Were you there last November, when the election was held for Delegate 
to Congress from Alaska?—A. Yes. 

Q. You were residing there at that time?—A. Ye.s. 

Where was the—in what place was the election held,_]\Ir. Prol)st?— 
A. Why, in Mr. Carlson's road house; about 125 feet from my house. I am 75 
and he is 50 feet from the railroad. 

(}. What business were you in there, Mr. Probst?—A. Pool room; grocery. 

(}. Who were the judges of election?—A. Fellow named Gompertz, Mr. Man¬ 
ning and Al. Walter. 

(i. Did you vote. Mr. Probst?—A. No, sir; because I couldn’t. 

(.,). Did you go to vote':*—A. Yes, sir. 

Q. State why you could not vote?—A. I went over about half-i)ast 2 or 3 
o’clock; and Walter—he M'as one of the judges—was there and he said, 
“Probst, you can not vote now." I said. “Why?" and he said, “There are no 
books here." I said, “Where are they?” and he said, “They have taken them 
up the ci-eek." I said. “ This is a tine place for polls—books up the creek.” I 
could not see anything like polls; anyhow, I could not see any ballot box, so I 
came back. 

(}. Did Mr. Walter say anything about the ballot box?—A. No; he only said, 
“ They took the books u]) the creek.” 

Q. Whom did he mean by “ they "?—A. I guess the other judges. There was 
nobody there but himself. He was the only one I saw there or noticed there at 
that time. 

Q. Did you go back again to vote'/—A. No; I did not go back afterwards; 
when I got back to my place the 4 o'clock shift men were coming and I was 
busv—could not leave. 

Q. If you had been permitted to vote, for whom would you have voted?— 
A. - 

Mr. Price. Objected to. Witness does not have to answer. 

Objection overruled. 

]Mr. Price. Witness does not have to answer unless he desires. 

A. I can answer that. I would have voted for Mr. M ickersham ; I think he 
is the best man. 

Q. Do you know how long the books were away from the polling place?— 
A. No, sir. 

Q. Do-you know if the ballot box was removed from the polling place?— 
A. No, sir; I do not know ; I saw nothing of it. 

Q. Do you know whether anyone voted while the books were away?—A. No, 

sir. 



280 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Did you have any opportunity to voto?—A. Well, this INIr. Manning came 
over to my i)lace at about 4 or half-past 3, maybe, and he said to me, “ You 
can jio over and vote now.” I told him I had no time now, 

(}. Did he say anyone had voted while the hooks were removed?—A. I did 
not ask him. 

Q. Did he say at any time afterwards that anyone else had voted while the 
hooks were away? 

Mr. Price. Objection. 

Mr. Thompson. Overruled. 

A. Well, I heard him say in my place-—Joe Des Champs was in my place and 
some talk came up about this election, and INIanning said he had a perfect right 
to take the hooks to a sick man. The fellow he took them to was a man by the 
name of Kelley, a timekeeper at the coal mines. 

Ml*. Price. Objection; hearsay. 

INIr. Thompson. Overruled. 

Q. Co on, Mr. Prohst.—A. IManning said to him (.Toe D.), “Was there anyone 
Mdio did not get to vote.” And he said he did not know of anyone. And Man 
ning said to him he had a perfect right to take the hooks to a sick man ; that he 
had taken them to a man named Kelley, who was sick with the “ flu ” ; and 
when they got there he wouldn’t open the door, and they passed the hooks 
through a window to him. And I answered them that they had no right to 
take the hooks from the polling place from 8 in the morning till 8 at night. 

(j. What M’as Kelley’s Inisiness there?—A, Timekeeper. 

Cj. Was anything said at th.at time as to how Kelley voted?—A. No, sir. 

Q, Do you know how he voted?—A. No, sir, 

Q. Do you know whether any one else voted at that time?—A. I do not. 
There were lots sick Avitli the “ tin.” I would not answer that (luestion. 

Q. Do you know how long the liooks were taken away from the polls?—A. No, 
I did not see them go; nor come hack. I know nothing of that. 

Q. Do you know how many were sick with the “ tin ” at that time there?— 
A. I can not tell—eight or nine^—most everybody had it. I was just getting 
on my feet from it then. 

Q. Do you know what kind of a ballot box was used?—A. No, sir. I did 
not see it. Don’t know if they had any. I did not see one. 

Q. Dp you know to what political party iVIr, Walter, who was one of the 
judges of election, belonged?—A. No, sir. I do not. I do not know it now. 

Cross-question by INIr. Price : 

Q. When did you start in business in Chickaloon?—A. Well, I think it was— 

I went up on the first train from King River to Chickaloon sometime in Oc¬ 
tober two years ago, sometime this coming month. 

Q, AVhat was the time jmu left Chickaloon—discontinued business in Chick¬ 
aloon?—A. Last month, in .July, The first of July. 

Q. What business did you conduct there?—A. Pool room and grocery store. 

Q. What character of goods did you sell in this grocery?—A. All kinds of 
meat, canned goods, bacon, all kinds of groceries, cigars, tobacco, soft drinks, 

Q. Soft drinks?—A. Yes, sir. 

Q. Any other than soft drinks?—A. No, sir. 

Q. Why did you discontinue business there?—A, They got sore at me and 
told me that I \vould have to move; they needed my ground, I had to move on 
three-days’ notice. 

Q. Who got sore?—A. I guess that it was that fellow Kelley; or the Czar 
of Chickaloon, Sumner Smith, his boss. Kelley was timekeeper for the coal 
outfit. The Czar, they call him, Sumner Smith, was manager, 

Q, Did he say why he got sore at you?—A. He never told me. 

Q. Did he tell any one?—A, Yes; he told Joe. Des Champs. It was on account 
of a mortgage being foreclosed. They had some money coming from the store, 
and I allowed the mortgage to be foreclosed, because I Manild not pay for goods 
that was damaged. 

Q. Isn’t it a fact that the authorities there charged you with having gambling 
in connection Muth your business there, and that in a hearing testimony \vas 
given that you had sold liquor? 

Mr. Thompson. I can not see wherein this question bears upon the matter of 
voting. I think INIr. Probst should not be required to answer the qubstion. 

Mr. Price. I asked the question to show the character of the witness and 
his malice toward the authorities and others there in Chickaloon. I make a 
motion that witness be required to answer the question. 






Mr. Thompson. The motion is denied. The witness does not have to in¬ 
criminate himself. He need not answer. 

(}. Did yon look at the clock when yon went to vote?—A. I know it was 

around half past 2 or 3 o’clock. I did not look at a clock, but I know it was 

about that time. 

Q. Were yon afterwards notified that you could ji^o over and vote?—A. Yes. 
Manning? came over about 4 o’clock to my place and told me that I could go 
over now and vote, but I had not time then. 

Q. Then your statement that you were deprived of your vote is not correct?— 
A. I was over to vote, and could not vote. Over once and could not go again. 

Q. You had an opportunity to vote?—A. I did not. There were no books 

there. At I least I saw none. 

Q. Did you not have an opportunity at the time Mr. Manning told you?— 
A. I Nvas tending to my business then. I could not leave the place. 

(}. YT)ur business was more important than to vote?—A. I could not run over 
three or four times to find out if the hooks were there. 

Q. Then you had an opportunity to vote, had you desired?—A. I was over 
there once and could not vote. 

Q. Did you see anyone take the hooks froin the polling place?—A. I told 
you I did not. 

Q. \our knowledge of the hooks having been taken from the polling place is 
based upon what you were told?—A. One of the judges of election told me. 

Q. Not from personal knowledge on your part?—A. I told you one of the 
judges of election told me the hooks were not there. I have told you several 
times. 

Redirect question by Thompson : 

Q. You have stated in the cross-examination that the authorities up there 
were against you; who do you mean?—A. I guess the Czar of Alaska; political 
boss there. He throwed it up to .Toe Des Champs that I had had the gall to 
make a kick about the election last fall. 

Q. Who throwed it uj) to .Toe?—A. Sumner Smith. 

Q. What did he say?—A. Well, he said- 

IMr. Price. Objection; the question is irrelevant, immaterial, and has no 
bearing on the question at issue. 

Mr. Thompson. Overruled for the reason that question is simply following 
the cross-questioning; and if the question is relevant in the cross-examination, 
it is relevant here. 

Q. All right, IMr. Pr<>bst.—A. He said that I had the gall to kick against the 
election last fall; and .Toe said that he did not know anything about that. 

Q. Was Sumner Smith opposed to you politically, IMr. Probst?—A- I do not 
know. 

Cy How about Mr. Ivelley?—A. I do not know. It jiever bothered me. 

.Tohn Probst, 

Subscribed and sworn to before me this 10th day of September, 1919. 

[seat..] Arthur G. Thompson, Notary Public. 

]My commission expires May 6, 1922. 

Territory of Alaska, 

Third DMsion, Knik Precinct, -s-s; 

I hereby certify that John Probst, the witness whose testimony appears in 
the foregoing deposition, appeared before me at the time and place in this 
deposition before stated, and, after being first duly sworn by me to tell 
the truth in the above-entitled case, was then and there interrogated by me 
touching the matters at issue in said case, and was also interrogated by Thomas 
Price, the rei)resentative of George Grigsby, the substitute contestee herein, 
and that the interrogatories iiropounded to said witness and the answers made 
by said witness to said interrogatories, together with the objections and ex¬ 
ceptions of the representatives of the parties hereto, and the rulings thereon, 
are set forth in said deposition; that thereupon I caused said deposition to be 
taken and transcribed by Isabel Nelson, stenographer, and when completed, 
the same was read by said witness, and by said witness corrected, and that 
said witness then signed the same, and upon oath swore that said deposition 
was true. 



282 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


In testimony wliereof I liave hereunto snhserihed niy name and attixed the 
seal of my ottice this 10th day of September, 1919, at Anehoraj^e, Alaska. 

[seal.] Arthuk (1. Thompson, 

Notari/ PuliVw in and for the Territory of Ahi-slca, 

Re.sUtiny at Anehorayc. 

^ly commission expires Maj- G, 1922. 

Anchorage, Alaska, t^eptenihcr 3, 1319. 

The hearin<r was called a.t 10 o’clock a. m. l)y Arthur G. Thompson, the 
notary public desij^nated to take testimony in the above-entitled case at An- 
choraji’e, Alaska, there heinj; present the following sul)p<enaed witnesses: 
INlalcolm (Red) McDonald, .lames W'heelock. Charles Irvin, John Prohst, 
(’harles McGroarty, A1 Walters. 

Owin.i; to the absence of Mr. Thomas Price, representative of the contestee, 
the hearing: was adjourned to 1 o’clock p. m. 

deposition? of JAMES H. WHEELOCK. 

The hearing: in the above-entitled case was resumed at l.lo p. m., the above- 
named witnesses, cited to appear, being: present, but waited over half an hour 
for ]\rr. ITice. At 2 p. m., IMr. Price lieing: present, Mr. Wheelock was called 
to the stand. 

Mr. Thompson. Mr. Wheelock, M’ill you he sworn? 

]\Ir. Wheelock. I will. 

Mr. Thompson. Do you solemnly swear to g:ive true answer to all questions 
asked you in the case in which James Wickersham is contestant and Charles 
A. Sulzer, contestee, of the election to the deleg:ateship to Cong:ress from the 
Territory of Alaska? 

IMr. Wheeeock. Yes, sir, as near as I can. 

(y Mr. Wheelock, jilease state your name, age, and place of residence.—A. 
James H, AVheelock, 33 years of ag:e; Anchorage, now. 

(y Air. Wheelock, where were you in the early part of last November?—A. 
Cache Creek and vicinity. 

Q. Were you there when the election was held in November—at Cache 
Creek?—A. Yes, sir. 

(). State the date on which it was held?—A. On November 5. 

Q. Were you employed there, Mr. Wheelock?—A. Yes, sir. 

(y Ity whom?—A. The Cache Creek Dredging Co. 

Q. What was going on there that day with respect to leaving the camp?—A. 
That I can not say. I left in the morning and do not know. 

Q. What was being done with respect to closing down and men leaving?—A. 
Well, really, I can not say; I do not know, in fact. 

Q. Did anv of the men leave on the morning of the 5th, Air. Wheelock?— 
A. Yes. 

Q. About how many, if you know?—A. I should say between 20 and 30. I 
do not know exactly. 

Q. Had the work of the Cache (’reek (’o. closed down at that time?—-A. 
Yes, sir. 

Q. Do you know at what time the polls opened on that morning. Air. 
AVheelock?—A. I do not. 

Q. I>id you vote?—A. I did. 

Cy At what time of day did you vote?—A. That I can not say. I never 
noticed the time. 

(^. AAJiat was the condition of the light at the time you voted?—A. Lamp¬ 
light. 

Q. The lamps were lighted?—A. Yes, sir. 

Q. AAJiere was the voting done. Air. AAJieelock?—A. In the dining i*oom of 
the company’s camp. 

Q. Is that where you voted?—A. No, sir; I voted at my place. They 
brought me the ballot box. 

(i. From the place where the election was held?—A. Yes, sir. 

Q. AVere the lamps lit in your place. Air. AAJieelock?—A. Yes, sir. 

Q. It was dark then, outside?—A. Yes, it was. 

Q. Did you have a clock or watch by which you could tell the time?—A. I 
had a watch, but did not notice the time. 

Q. AVhat time did the day shift go to work?—A. At 7 o'clock. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 283 


Q. What was the condition of the li^ht there at 7 o’clock?—A. It wasn’t 
dayligiit at 7. 

Q. How soon after 7 did it get light?—A. I should say a quarter or half 
jiast; something like that. 

Q. How soon after you voted did you leave, INIr. Wheelock?—A. Twenty 
minutes or so. 

Q. Did you leave with the others?—A. Some went ahead of me. 

Q. Did you leave with the hunch of men leaving at that time with horses?— 
A. I left quite a while after them. 

Q. How did you go?—A. They took me with the dog team. 

(}. Is there any way hy referring to conditions there to‘determine the time 
at which you voted? 

Hr. Price. Objection. You are asking for an opinion only. 

Hr. Thompson. Overruled. 

Hr. I’kice. Exception. 

A. Previous to the morning of the voting, about two weeks previous, the 
cable broke where I was working, and we worked on it without lights. Some 
of the hoys may have had lanterns. I could not say. 

Q. That was how long before you left?—A. Two weeks previous. 

Q. What time do you thing it was? 

Hr. Price. Objection. 

Hr. Thompson. Overruled. 

A. I should judge around close to 8 o’clock; 7..S0, something like that. 

Q. Do you know anything about a clock being set ahead?—A. I do not. 

Q. Hr. Wheelock, for whom did vou vote? 

Hr. I 'rice. Objection. The question is not a proper one. Nobody has a right 
to ask that. Hr. Wheelock does not have to tell for whom he voted. 

]Mr. Thompson. Overruled. 

Hr. P RICE. ]Mr. Wheelock, you do not have to answer that question unless 
you please. 

Objection repeated. 

Hr. Thompson. Overruled. I understand the law to he that a witness may 
be asked to state for whom he voted in case of illegal voting. It is so laid 
down in the Encyclopedia of Pleading and Practice and cases cited. 

Hr. Price. Illegal voting not shown. 

Hr. Thompson. The witness’s testimony clearly shows that he voted before 
8 o’clock, the legal opening time, and at a place other than where the election 
was held, and for these reasons his vote was illegal, and he may be required 
to answer the question. 

A. What I like is not the matter. I do not remember the names of all of 
the men for whom I voted. 

(}. How many do you remember?—A. I only remember the names of two 
men I voted for. 

Q. Who were they? 

Hr. Price. Objection, as before. 

Hr. Thompson. Overruled. I rule that he may answer the question. I do 
not know what proceedings will be held in the House herein, nor how far my 
authority goes in requiring answer to any of these questions, but it appears to 
me that the witness may be required to answer and the House decide upon 
the exception you are entitled to take to my ruling. 

Hr. Price. Exception. 

A. I recollect two men I voted for. Those men were Hr. Price and Hr, 
Sul/er; just two that I recollect. 

Hr. Price. I thank you for your vote, Hr. Wheelock. 

Q. Mr. Wheelock, you do not know what time the voting polls opened?—A. I 
do not. 

Q. You can not say from your own knowledge that they opened before 8, 
can you?—A. No; I can not say for certain; I rather think it was. 

Q. Yoii can not say for certain?—A. I can not say for certain. 

]Mr. Price. That is all. 

James H. Wheelock. 

Subscribed and sworn to before me this 9th day of September, 1919, at 
Anchorage, Alaska. 

[seal.] Arthur G. Thompson, 

Xotary Public. 

. Hy commission expires Hay 6, 1922. 


284 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Teruitory of Alaska, 

Third Division, Knik Precinct, ss: 

I hereby certify that .Tames Wlieelock, the witness whose testimony is jjiven 
in the forej>:oinj? deposition on pastes iiiimhered 1 to 6, ai)peare(l at my office 
at Anchorage, Alaska, on the date and at the time before given, and after 

being by me first duly sworn to tell the truth in the above-entitled case, 

was interrogated by me and by Thomas I’rice, the representative of the 

contestee, in the presence of the i)ersons above mentioned, and that said 

witness answered said inteia-ogations all as set forth in the questions and 
answers in said deposition contained ; that thereupon I caused said deposition, 
together with the objections and exceptions of counsel herein, to be tran¬ 
scribed by Isabel Neison from the stenographic notes taken l)y her during 
said examination, and when said deposition was completed the same was 
read by said witness and by said witness corrected, and that said witness 
then signed the same, and upon oath swore that said deposition was true. 

In testimony whereof I have hereunto subscribed my name and affixed the 
seal of my office this 10th day of September, 1919. 

Arthur G. Thompson, 

Notary Public. 

INIy commission expires IVIay 6, 1922. 

DEPOSITION OF MRS. JAMES WHEELOCK. 

Testimony taken befoye Arthur G. Thompson, a notary public in and for the 
Territory of Alaska, at the office of said notary in the town of Anchorage, 
Alaska, upon notice to George Grigsby, the substituted contestee herein, on 
the 3(1 day of September, 1919. 

Mr. Thompson. Mrs. Wheelock, please raise your right hand and be sworn. 
Do you solemnly swear that you will true answers give to the interrogatories 
which may be propounded to you in this case, in which James Wickersham 
is the contestant and Charles A. Sulzer is the contestee, for Delegate to Congress 
from Alaska? 

]Mrs. Wheelock. I do. 

]\Irs. WHEELOCK, being duly sworn, gave the following testimony: 

By Mr. Thompson : 

Q. IMease state your name, age, and place of residence.—A. Mrs. Bessie 
IVheelock ; aged 29 ; Anchorage. 

Q. Mrs. Wheelock, where were you last November, in the early part of that 
month?—A. I think in Cache Creek. Some time in tlie early part of November 
we left Cache Creek. 

Q. AVas there an election held there at that time?—A. The very morning 
that we left. 

Q. AVhat day was that?—A. I can not tell that; on the 4th or 5tli of 
November. 

]Mr. AVickersham. AA’e will agree that it was on the 5th. 

Q. Did you vote at that election, Mrs. AAJieelock?—A. I did not vote. 

Q. AAJiy did you not vote?—A. I was told that I had no vote. 

Q. You were leaving there on that morning?—A. Yes, sir. 

Q. AAliat were the conditions that morning with respect to breaking up and 
going away?—A. They were all ready to leave. 

Q. Did all leave at the same time?—A. All went at the time the horse sleds 
left, except Mr. AAlieelock, who came later with the dog teams. 

Q. About how many left that morning?—A. I think there were about 26 in 
the bunch. 

Q. Did you leave with the horse sleds?—A. Yes. ]Mr. AAlieelock came with 
the dog team later. 

Q. How many horse sleds were there?—A. Five. 

Q. Altogether, with you?—A. Yes, sir. 

Q. Do you know what time the polls opened, IMrs. AAdieelock?—A. I would not 
wish to say that, Mr. Thompson. 

Q. Did you see anyone else vote when INIr. AAffieelock voted or while the ballot 
box was there?—A. I did not see anyone. 

Q. AATiere was the polling place?—A. In the office. 

Q. Is that in the cabin known as Jim Murray’s?—A. It is not. 

Q. About what time did they bring the ballot box there to your place, do 
you know?—A. I do not know. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 285 


Q. Did you have a light in the tent then?—A. I do not know that. We had 
a light and were packing still when the registrar, Mr. .Tohn Carlson, came to the 
tent to register some men. 

Q. What registrar was that?—A. The Army registrar; came to register some 
men. 

Q. Did he have any difficulty in doing so?—A. No; only we had to unpack 
the books; that was all. 

Q. How long after Mr. Wheelock voted did you leave?—A. Half an hour or 
more. 

Q. Did you notice any lights when you left?—A. Yes; in Mr. Harris’s place. 

Do you know whether the packing was done by lamp or day light?—A. 1 
know that it was done by lamplight. 

Q. Were there any lights used by the sleds at the time you started or after¬ 
wards?—A. I can not say. 

Q. Did you have a clock in your place?—A. Only a watch. The clock was 
packed away. I can not tell you the moment we left. 

Q. Did you hear anything about getting an early start in order to reach 
camp?—A. I heard about getting an early start, but nothing else. 

Q. Were there any lights used by the sleds at the time they started or after¬ 
wards?—A. I can not say. 

Q. Did you hear anything about setting a clock ahead?—A. No; I did not. 

Q. How did it come that you did not vote?—A. I did not have the right to 
vote. 

Q. Were you informed that you had no right to vote?—A. Yes, sir. 

Q. Was there any effort made to get you to vote?—A. Only that a lady there, 
Mrs. Allison, said to me, “ If you do vote, vote for Mr. Sulzer if for anyone,” 
but that made no difference to me, as Mr. Harris had informed me that I had 
no right to vote. 

Q. Was it light enough when you left to see from one sled to the other, Mrs. 
Wheelock?—A. I can not say. I am positive that we left before 8 o’clock. 

Q. You are positive you left before 8?—A. Yes. 

Q. Did you notice when you passed the dredge how the light was?—A. I only 
know that when we came to the Little Glacier at the dredger some of the sleds 
ran into the lines. 

Q. How far is that?—A. Not more than a quarter or half mile; not sure of 
the distance. 

Mr. Thompson. That is all I think of. Judge Wickersham, do you think of 
any question? 

Judge Wickersham. I do not. 

Q. INIrs. Wheelock, how long have you been in Alaska?—A. One year the 
4th of last July. 

Q. You made a statement that you were sure that it was 8 o’clock when 
yoTi left; was that from looking at a watch, or timepiece, or just your 
opinion?—A. Just my opinion, 

Q. Not from knowledge, just opinion?—A. Yes, sir. 

]\rr. Price. I object to the testimony of this witness, because (1) she was 
not a voter, (2) she was not entitled to vote, (3) she was not a competent 
witness. 

Objection overruled. 

Exception noted. 

Mrs. .Tames Wheelock, 


Subscribed and sworn to before me this 9th day of September, 1919. 

[SEAL.] ArthL'R G, Thompson, 

Notary PuMic. 


]My commission expires IVIay 6, 1922. 


Territory of Alaska, 

Third Division, Knik Precinct, ss.: 

This is to certify that Mrs. James Wheelock, the witness whose testimony 
appears in the foregoing deposition, appeared before me at the time and place 
in this deposition stated, and after being first duly sworn by me to tell the 
truth in the above-entitled case, was then and there interrogated by me 
fouching the matters at issue in said case, and that the interrogatories pro¬ 
pounded to said witness and the answers given by said witness to said 
interrogatories are set forth in said deposition, together with objections and 
exceptions of counsel herein ; that I caused said deposition to be taken and 


286 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


transcribed by Isabel Nelson, stenographer, and when completed the same 
was read by the witness, and by her corrected, and that said witness then 
signed the same, and upon oath swore that said deposition was true. 

That said deposition was taken pursuant to adjournment of the hearings 
for the purpose of taking depositions on behalf of the contestant herein, and 
to the attached stipulation. 

In tesimony whereof I have hereunto subscribed my name and affixed my 
official seal this 10th day of September, 1919. 

[seal.] Arthur G. Thompson, 

Notary Public in and for the Territory of Alaska, 

Res id in y at Anchorage. 

My commission expires May 6, 1922. 

DEPOSITION OF HARRY KINGSBERRY. 

Testimony taken before Arthur G. Thompson, a notary public in and for 
the Territory of Alaska, at the office of said notary in the town of Anchorage, 
Alaska, upon notice to George Grigsby, the substituted contestee, on the 2d 
day of September, 1919. 

Upon stipulation entered into with Thomas Price, representing George 
Grigsby herein, and Dr. F. M. Boyle, representing contestant. 

The following persons were present: Arthur G. Thompson, notary public; 
Isabel Nelson, notary’s stenographer; Thomas Price, representative of George 
Grigsby. 

Mr. Thompson. Mr. Kingsberry, will you please raise your right hand 
and be sworn? Do you solemnly swear to true answers give to the inter¬ 
rogatories which may be propounded to you in this case in which .Tames 
AVickersham is the contestant and Charles A, Sulzer is the contestee for 
Delegate to Congress from Alaska? 

Mr, Kingsberry. I do. 

By Mr. Thompson : 

Q. What is your name, age, and place of residence?—A. Harry Kingsbury, 
37, Anchorage. 

Q. Where were you last November?— A. At Cache Creek. 

Q. AVas there an election held there at that time?—A. I lielieve there was; on 
the 5th of November. 

Q. This election was for Delegate to Congress?—A, I believe so; yes. 

Q. Did you vote at that election?—A. I did. 

(j. At that time, Mr. Kingsbury, had you been in Alaska Territory?—A. About 
15 years. 

Q. You are a resident of the Territory?—A. Yes, sir. 

About how long in that precinct?—A. About the 10th of April, or 9th; not 

sure. 

Q. You were a resident of that precinct at that time, were you?—A. Yes, sir. 

Q. Are you a citizen of the United States?—A. Yes. 

Q. AAdiat date in November was that election held?—A. The 5th day of No¬ 
vember. 

Q. AAliat time did the polls oj^en, Mr. Kingsbury?—A. I would not say, sir. 

Q. AA’hat time did you vote?—A. Could not say that. 

(y AATiere were you during the day? 

AATtness. After we voted? 

INIr. Thompson. Yes. 

A. On the trail between Talkeetna and Cache Creek. 

Q. AAliat operations were being conducted there at that time?—A. AA^ell, I 
was in there with the Cache Creek Dredging Co. 

Q. AA’hat were the circumstances on that day with regard to the people there 
coming out or staying in the place?—A. I do not know just what they were. 

Q. Did you leave on the 5th day of November?—A. Yes, 

(y How many were leaving at that time?—A. AA^ell, there were probablv 30- 
25 or 30. . . 

Q. Did that include all the population of that place?—A. No, .sir. 

Q. How many remained?—A. Well, for the Cache Creek Co. there were five 
or six men. Some, I believe, went by McDougal. 

Q. Then, as I understand you, work for the season was concluded—shut 
down—and most of the employees were coming out?---A. Yes; the season was 
ended. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


287 


Q. Do you recall, IMr, Kingsbury, what time you got out in the morning?— 
A. I can not say sure; about daylight; had been in the habit of getting out about 
6 o’clock. 

(}. Did you assist in the work of getting ready to leave on that day?—A. I 
did. 

Q. Was that done with lanterns or artificial light or by daylight?—A. It was 
done, before daylight; bigger ])art of it. 

Q. How did you bring your stuff out at that time, by horses or dogs?—A. 
Both; horses and dogs. 

Q. How many teams did you have?—A. I believe five double-enders. 

Q. What was the condition of the light at the time that you left?—A. I be¬ 
lieve that you might call it twilight; it was getting light; I think twilight is 
what you might call it. 

Q. Were you using artificial light before you left? 

Witness. .lust before we left or getting ready? 

Hr. Thompson. To help getting the sleds ready. 

A. We had lights getting the sleds ready to go. 

Q. What lights did you have to help you?—A. Only common lanterns; that is 
all the light I ever saw used. 

Q. Do you recall wheher you were using lanterns at the time you left or 
not?—A. No; I do not. 

Q. Have you any means of telling the time that you left, Mr. Kingsbury?— 
A. I can not, only that it was .iust getting daylight. 

Q. What do you mean by “just getting daylight”?—A. That it was twilight; 
can not say just what time; getting day. 

Q. Where was the place you voted?—A. At a cabin near the cookhouse; there 
were 8 or 10 cabins; forget just how it was situated; there was a notice of elec¬ 
tion on the cabin ; it was the cabin Jim Murray lived in where the election was 
held. 

Q. AVhere you voted were the judges using lights?—A. I believe'they were. 

Q. Had you ha.d your breakfast, Mr. Kingsbury?—A. Yes. 

Q. Had you bad your breakfast by candlelight?—A. I can not recollect—had 
been doing it right along. 

Q. Was there anyone else present when you voted, beside the judges?—A. I 
do not recollect. 

Q. Did you see anyone else there? Anyone vote at the time you did?—A. 
Could not say. 

Q. Anyone vote before you did?—A. Could not say. 

Q. Did you have a watch?—A. Yes; I did. 

Q. Can you recall whether you took any note of the time when you left?—A. 
No. 

Q. How far was it from camp to the dredge?—A. I should judge about three- 
quarters of a mile—in the neighborhood of that, I guess. 

Q. Do you recall whether there were lanterns or lights used after you had 
started—gone that far?—A. I did not use any. 

Q. What was the condition of the road, at least as far as the dredge?—A. 
There was fresh snow—broke trail that far. 

Q. What kind of work had you been doing there, Mr. Kingsbury?—A. Work¬ 
ing in the mines. 

Q. What .time did you go to work in the mine?—A. At 7.30. 

Q. What was the condition of the light, in November, when you went to 
work?—A. Breaking day. 

Q. That would be about 7.30?—A. Yes. 

Q. How far was it to your work?—A. About three-quarters of a mile. 

Q. Did you go to work at 8?—A. We went to work at 7.30. 

Q. Did you use a light to go to your work?—A. I do not know that I ever did. 
I may have; I do not know. 

Q. You could see to go to your work?—A. Yes. There was snow on the trail; 
could see. 

Q. Where did you work, on top, or underground?—A. Underground. 

Q. Have you any way of determining the time that you voted—that is, 
whether before or after 8 o’clock?—A. That I could not say sure; all I know 
that it was about daylight. 

Q. What do you mean by “ about daylight ” ?—A. I never called it any tiling 
but this—just getting .so you could see to get around. 

Q. How long before you left did you vote?—A. I voted the last thing I did 
before I left. 


288 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Was it before 8 o’clock?—A. I could not say it was before 8 o'clock. 

Q. Was it after 8 o’clock?—A. I could not say it was after 8 o’clock. 

Q. You can not say what time it was?—A, No; I can not say. 

Q. Did you bear anyone say anything about moving a clock ahead?—A. No; 
not till I came to Anchorage. 

Q. AVbo did you vote for? 

INIr. Peice. Objection, Witness need not answer. 

Mr. Thompson. I understand that where the witness voted illegally, he may 
be required to state how he voted. I understand that to be the law. 

Mr. Peice. No foundation for the question has been laid. The question is 
out of order. 

Haeey Kingsbeeey. 

Subscriljed and sworn to before me this 2d day of September, 1919, at 
Anchorage, Alaska. 

[seal.] Aethur G. Thompson, 

Notary Public. 

My commission expires May 6, 1922. 

Teeettoea" or Alaska, 

Third Division Knik Precinct, ss: 

I hereby certify that Harry Kingsberry, the witness whose testimony is 
given in the foregoing desposition on pages numbered 1 to 7 appeared at 
my otfice at Anchorage, Alaska, on the date and at the time before given, and 
after being by me first duly sworn to tell the truth in the above entitled 
case, was interrogated by me and by Thomas Price, the representative of the 
contestee, in the presence of the persons above mentioned and that said wit¬ 
ness answered said interrogations, all as set forth in the questions and answers 
in said deposition contained, that thereupon I caused said deposition, together 
with the objections and exceptions of council herein, to be transcribed by 
Isabel Nelson from the stenographic notes taken by her during said examina¬ 
tion, and when said deposition was completed the same was read by said 
witness, and by said witness corrected, and that said witness then signed 
the same, and upon oath swore that said deposition was true. 

That said deposition was taken pursuant to the notice given by the con¬ 
testant to the contestee in said case, and pursuant to the attached stipula¬ 
tion. 

In testimony whereof I have hereunto subscribed my name and affixed the 
seal of my office this 10th day of September, 1919, at Anchorage, Alaska. 

[SEAL,] Aethue G. Thompson, 

Notary Public. 

My commission expires May 6, 1922. 

DEPOSITION OF CHAELES m’gEOARTY, 

Testimony taken before Arthur G. Thompson, a notary public in and for 
the Territory of Alaska, at the office of said notary, in the town of Anchor¬ 
age, Alaska, upon notice to George Grigsby, the substituted contestee, herein, 
on the 3d day of September, 1919. 

The following persons were present: Arthur G. Thompson, notary public; 
Isaliel Nelson, notaries’ stenographer; Thomas Price, representative of George 
Grigsby. 

Mr. Thompson. Mr. McGroarty, will you please your right hand and be 
sworn? Do you solemnly swear to give true answers to the interrogatories 
which may be propounded to you in this case in which .James Wickersham 
is the contestant and Charles A. Sulzer is the contestee, for Delegate to Con¬ 
gress from Alaska? 

Mr, McGroaety. I do. 

By Mr, Thompson : 

Q. I’lease state your name, age, and place of residence?—A. Charles Me- ' 
Groarty; 44 years; Anchorage. 

Q. Are you a citizen?—A. Yes, sir. 

Q. Were you a citizen last November?—A. Yes, sii*. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 289 


Q. Were you in tlie Territory prior to last Noveiiil)er, and how long?— 
A. Yes; three years this last trip. 

Q. Where were yon last November?—A. Cache Creek. 

(}. How long were yon in the Cache Creek precimT prior to the election?— 
A. I can not say exactly. I went in with Irvin the time he took the horses 
in there. 

Q. Had yon been in the precinct 30 days?—A. I can not swear to that. 

Q. Any way to determine?—A. Well, I worked 21 shifts in the mine; laid 
around two or three days before I went to work; took ns two or three days to 
go in and I was in the Talkeetna district. 

Q. Would not yon be positive that yon were in the precinct 30 days before 
election?—A. I could not say as to that. Would not try to. 

Q. Y^on were there at the time of the election?—A. l^es. 

Q. What date was it held?—A. The 5th of November. 

Q. Do yon recall the conditions of the camp in regard to closing up and leav¬ 
ing on the morning of the 5th.—A. The work had closed down and we were in 
a hurry to leave and were getting ready. 

Q. Did yon leave that morning?—A. \>s. 

Q. Where was the voting held?—A. In Jim Murray’s cabin. 

Q. Did yon vote?—A. Y^es, sir. 

Q. After or before breakfast?—A. After breakfast. 

Q. Do yon know when yon went to the polls?—A. No, sir. 

Q. What time when yon voted?—A. Can not say. I went to the polls and 
voted by lamplight. 

Q. Did yon notice the cook’s time?—A. No, sir. 

Q. Did yon notice the time when in Murray’s cabin?—A. I did not remember. 

Q. Did yon notice any lights burning when yon left?—A. We left in about 15 
minutes. I did not notice the light after voting. 

Q. Did yon notice if there was a light in iNInrray’s cabin still?—A. I didn’t 
notice. 

Q. What were you doing there?—A. Working in the mines. 

Q. For the Cache Creek Co.?—A. Dredging. 

Q. What time did yon go to work?—A. Seven-thirty. 

Q. What was the condition of the light in the early part of November when 
going to work?—A. Some packed a liglit. I never did. The men brought their 
lights down at nights and packed them in the morning going to work. 

Q. Taking them back lighted?—A. Y"es, sir. 

Q. Did you hear any talk about setting the clock ahead?—A. No. 

Q. Did yon see any one else vote?—A. No, sir. 

Q. Did yon know any one who voted after yon did in the crew leaving there 
that morning?—A. No, sir. 

Q. For whom did yon vote? 

Mr. Price. I object. The witness need not answer. A man does not have to 
tell for whom he voted. He is protected by law in that. 

IMr. Thompson. Objection overruled. 

A. I voted for Snlzer, for one, anyhow. 

Chas. McGroarty. 

Subscribed and sworn to before me this 6th day of September, 1919, at An¬ 
chorage, Alaska. 

[SEAL.j Arthur G. Thompson, 

Notary Puhlic. 

My commission expires May 6, 1922. 

Territory of Alaska, 

Third Knik Precinct, ss: 

I hereby certify that Chas*. ISIcGroarty, the witness whose testimony is 
given in the foregoing deposition on pages numbered from 1 to —, inclusive, 
appeared at the time and place before stated, and after being by me first duly 
sworn to tell the truth in the above-entitled case, was then interrogated by me 
in the presence of the persons before mentioned, and that the interrogatories 
proi)onnded- to said witness and the answers made by said witness thereto 
are set forth in the foregoing deposition, together with the objections and ex¬ 
ceptions of counsel herein; that I caused said testimony to be taken {ind 
transcribed by Isabel Nelson, and when completed, to be read by said witness, 

19 


151279—20 



290 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


and by said witness corrected, and that said witness tlien signed the same, and 
upon oath swore that said deposition was true. 

In testimony whereof I have hereunto subscribed my name and affixed tlie 
seal of my office this 10th day of September, 1919. 

[seal.] Arthur G. Thompson, 

Notary Public. 

IMy commission expires May 6, 1922. 

DEPOSITION OF CHARLES IRVIN. 

Testimony taken liefore Arthur G. Thompson, a notary public in and for the 
Territory of Alaska, at the office of said notary in the town of Anchorage, 
Alaska, upon notice to George Grigsby, the substituted contestee herein, on 
the 3d day of September, 1919. 

The following persons were present: Arthur G. Thompson, notary public; 
Isabel Nelson, notary’s stenographer; Thonfas Price, Representative of-George 
Grigsby. 

Mr. Thompson. Mr. Irvin, please raise your right hand and he sworn. Do 
you solemnly swear that you will true answers give to the interrogatories 
which may be propounded to you in this case, in which .Tames Wickersham is 
the contestant and Charles A. Siilzer is the contestee for Delegate to Congress 
from Alaska? 

Mr. Irvin. I do. 

By Mr. Thompson : 

Q. State your name, age, and place of residence, please.—A. Charles Irvin; 
36; Anchorage. 

Q. Where were you in the early part of Novenfber, 1918?—A. Cache Creek. 

Q. What were you doing there?—A. Working for dredging company. 

Q. AVhat kind of work were you doing?—A. Cooking. 

Q. Was there an election held there at that time?—A. Yes. 

Q. What day, if you know, was the election held?—A. November 5. 

Q. It was for the purpose of electing a Delegate to Congress, was it not?— 
A. Partly, I suppose. 

Q. What was the situation there relative to closing down work and getting 
ready to leave?—A. Work was closed down and we were getting ready to leave. 

Q. Did you leave that morning?—A. We did. 

Q. Where was the voting done?—A. I believe it was in what was called .Tim 
Murray’s cabin. In a cabin anyway; it was right there amongst the other 
cabins. 

Q. Do you know what time the polls opened, Mr. Irvin?—A. I do not. 

Q. Did you have any means of telling the time?—A. I did. 

Q. What time was it when you left?—A. I do not know. 

Q. Before breakfast or after breakfast?—A. After. 

Q. What time did you have breakfast?—A. I could not say and be sure. 

Q. Did you have a clock?—A. Yes, sir. 

Q. You did not notice what time it was?—A. Probably, but I do not 
remember. 

Q. Do you remember any particular part of that morning when you did 
notice the time?—A. I certainly noticed at one part, because I get up by an 
alarm. 

Q. For what time ^^•as it set?—A. It was usually set for 4..30. 

Q. Do you know for what time it was set on that morning?—A. I am not 
sure. 

Q. Do you remember it was moved ahead on that morning?—A. No. 

Q. Is Mr. McDonald’s statenfent correct in that respect?—A. I would not 
dispute it. 

D. What time did the day shift go to work at that time of year?—A. At 7 and 
7..30 at two different places—on the dredge at 7; coal mine at 7.30. 

Q. Do you recall the condition of the daylight at the time the 7..30 shift 
went to work?—A. I can not say that I do remember; I was never outside and 
do 110 ^ remember how the light was. 

Q. Did you have breakfast by lamplight?—A. Yes. 

Q. When the 7.30 shift left, were the lights lit after they had left—still burn¬ 
ing?—A. Well, they might be. I would not take time to turn them out. When 
I got around to it I would blow them out. Usually would blow them out at 
full daylight; as soon as it was fully light. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 291 


Q. Do you recollect about the lights when you cleared up after breakfast 
and washed the dishes?—A. I do-not do that kind of work. 

Q. Do you recall if lights were used for this work?—A. On this particular 
morning or in general? 

Q. In general,—A. I would leave the table and go to another part of the 
house. 

Q. Did you have duties to perform after breakfast?—A. Yes. 

Q. \\ hat did you do?—A. The tirst thing was making the pies. I did need a 
light. 

Q. Did you leave camp with the rest of the hunch with Mr. McDonald?— 
A. Yes. 

Q. Did you notice the time?—A. No, sir. 

Q. Did you notice the time shortly after that?—A. No. 

(}. Did you notice the time when you passed the dredge?—A. I did not. 

Q. Can you say, Mr. Irvin, at what time daylight came on the morning of 
November 5?—A. I can not. 

Q. Did you notice when you left if lights were still burning?—A. They was. 
Q. Were they still burning in .Tim Murray’s cabin?—A. I did not notice. 

Q. Did you vote, Mr. Irvin? For whom did you vote? 

Mr. Price. Objection. Witness does not have to answer the question. The 
law protects a citizen in that. His vote does not have to be exposed. 

Q. Are you a citizen, IMr. Irvin?—A. Yes, sir. 

Q. How long had you been in Alaska prior to November?—A. Since 1915. 

(}. How long in the Cache Creek district?—A. Since March, 1918. 

Q. For whom did you vote? 

IMr. Price, Objection. 

Mr. Thompson, Overrules! the objection. 

Mr. Price. I will state that the witness does not have to answer if he does 
not wish to. 

A. Well, I do not know of any reason why I should not say, I have told some 
around town. I told John Frame. I guess he is responsible for my being here. 
I voted for Sulzer. 

Mr, Price. One question: In the early part of November, in November in that 
district, can you tell what time it becomes daylight? 

Witness, It would depend on the place you were in. It would be much 
different, great deal darker, especially in the house. 

Chas. Irvin. 

Subscribed and sworn to before me this 4th day of September, 1919, at 
Anchorage, Alaska. 

[seal.] Arthur G. Thompson, 

Notary PuMic. 

My commission expires May 6, 1922. 

Territory of Alaska, 

Third Division, Knik, precinct, ss: 

I hereby certify that Charles Irvin, the witness whose testimony appears 
in the foregoing deposition, appeared before me at the time and place in this 
deposition before stated, and after being first duly sworn by me to tell the 
truth in the above-entitled case, was then and there interrogated by me touching 
the matters at issue in said case, and was also interrogated by Thomas Price, 
the representative of George Grigsby, the substituted contestee herein, and that 
the interrogatories propounded to said witness and the answers made by said 
witness to said interrogatories, together with the objections and exceptions 
of the representatives of the parties hereto and the ruling therein, are set 
forth in said deposition; that thereupon I caused said deposition to be taken 
and transcribed by Isabel Nelson, stenographer, and when completed the 
same was read by said witness, and by said witness corrected, and that said 
witness then signed the same, and upon oath swore that said deposition was 
true. 

In testimony whereof I have hereunto subscribed my name and affixed the 
seal of my office, this 10th day of September, 1919, at Anchorage, Alaska. 
[SEAL.] Arthttr G. Thompson, 

Notary PiihUc in and for the Territory of Alaska, 

Residiny at Anchorage. 

My commission expires May 6, 1922. 


292 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF MALCOLM (RED) m'DONALD. 

Testimony taken before Arthur G. Thompson, a notary public in and for 
the Territory of Alaska, at the oilice of said notary, in the town of xVnehorage, 
Alaska, upon notice to tJeorge Grigsby, the substituted contestee, on the 
od day of September, 1919. 

The following persons were present: Arthur G. Thompson, notary public: 
Isabel Nelson, notary’s stenographer; Thomas I*rice, i-epresentative of George 
Grigsby. 

Mr. Thompson. Mr. McDonald, do you solemnly swear to true answer gi\A. 
to the (piestions asked you in this case in which .lames Wickersham is con¬ 
testant and Charles A. Sulzer contestee of election to the delegateship to 
Congress from the Territory of Alaska? 

Mr. McDonald. I do. 

Q. State your name, age, and place of residence.—A. Malcolm McDonald, 42; 
Anchorage. 

(,). Are you not commonly known as “ Red ” ^McDonald, by which name you 
were subpoenaed in this case?—A. Yes. 

Q. Mr. McDonald, where were you in the early part of last November, 
1918’?—A. Cache Creek, working for the Cache Creek Dredging Co. 

Q. 'A\’hat sort of operations were this company conducting?—A. Mining 
operations. 

Q. Any other companies operating there at that time, in that vicinity?— 
A. Two or three, smaller. 

> (}. Was there an election held there early in November?—A. I believe that 

there was. 

Q. On what date was that election held?—A. On the 5th of November, 1918. 

Q. What was the condition of the camp with regard to closing down work 
ar.d leaving'?—A. Work was closed down and we had orders to leave. Wo 
were packing up to go out that morning. 

Q. blow many teams were leaving that morning with you, Mr. McDonald?— 
A. Five horses; single rigs. 

Q. About how many men were going that way then, INIr. McDonald; do you 
remember?—A. As near as I can remember, there were 28 men. 

Q. About how many men were employed by tbe Cache Creek Dredging Co. 
at that time?—A. Well, there must have been over 80 men, I gue.ss. 

Q. Do you know the number of votes that were cast at Cache Creek .at that 
time?—A. No. I only heard. 

Q. How many people were living there at that place in November?—A. You 
mean in the precinct? 

Q. I mean there at Cache Creek where you were.—A. Only the people who 
worked there. 

Q. How many others in the precinct, approximately, say?—A. Only two or 
three others, that I know of. Most of the people had left l)efore that. 

(). Mr. McDonald, how early in the morning did you begin to pack up before 
leaving, as nearly as you can recollect?—A. At 4 o’clock I was out in the yard 
getting ready. 

(}. Did you pack your sleds that morning?—A. Yes, sir. 

Q. Did you have lights?—A. Yes. 

Q. About what time did you have breakfast?—A. About 4 o’clock. 

Q. Where was the election held?—A. In .Jim INIurray’s cabin. 

Q. Was INIr. Wbeelock mistaken about its being beld in the cook house?—A. 
Yes; I think he was. 

Q. Where was Murray’s cabin?—A. Right there close. 

Q. I>id you see any others vote, Mr. IMcDonald?—A. No, sir. 

i]. I wish you would state the names of the persons who went out that way, 
who were leaving with you at that time, and state any of them that you know 
voted that morning. 

IMr. Price. You have not stated any time. 

Mr. Thompson. November 5. 

A. Charles Irvin, Harry Kingsbury, Sept. Irvin, .Toe -, Dave Lawrence. 

Fred Peleivor, Gerbart, Strom, Red IMcDonald, IMr. and IMrs. Wbeelock (IMr* 
Wheelock left after we did but caught up), Al. Wolf, Chas. Herman, Davis, 
Hrennem, McGroarty, Mattocks, Frank IMagnolia, Dick Anderson, IMr. and Mrs! 
Arc hie Anderson, Frank Inglehorn, Dixon, and Whiting is all that I can re¬ 
member. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 293 


Q. Did you leave together; that i.s, those you have mentioned?—A. All ex- 
<*ept Wheelock. He might have been 15 or 20 minutes behind us; as nearly as 
1 ban remember, we all pulled out together. 

Q. What was the condition of the light when you left?—A. It was dark. 
Still burning lamps, lanterns; in Wheelocks lights still burning. 

Q. How far is it from the camp to the dredge?—A. About a mile. 

(}. Do you remember anything about the condition of the light?—A. Yes; I 
I'ecollect that it was not so dark; as we passed the dredge it was breaking 
daylight; still I could not see the head team. There were three or four teams 
ahea(i of me. 

Q. Did you notice the time when you left camp, Mr. McDonald?—A. Well, 
no; I didn’t just when we left; trying to get away—just didn’t notice. 

Q. Did you notice the time any time before it got light?—A. Not after break¬ 
fast. 

Q. Did you notice the time then?—A. I noticed the time when I went to 
breakfast. 

(>. What time was it?—A. Ten minutes after 4. 

Q. How long after that did you leave; do you recollect?—A. Not more 
than an hour. 

Q. What was your reason for leaving so early?—A. It was a long ways be¬ 
fore we could camp. 

Q. What distance was it to the camping place?—A. About 20 miles to timber. 
We had two women and their children and a sick man, so we had to get away 
early. 

Q. Who was cooking there at the camp?—A. Charles Irvin. 

Q. Did you have any talk about leaving early that morning?—A. Yes, sir. 

Q. What was it?—A. I asked him if we could have breakfa.st earlier that 
morning so that we could get away. He said yes, any time. He said he had 
put the clock ahead. His time was different from mine. 

Q. How much difference was there between your times?—A. About two hours. 

Q. Was your time running with the cook’s time before that?—A. Yes, sir. 

Q. What is your opinion as to the time you left, that is by tbe time you had 
been using? 

Mr. Price. Objection. You are asking his opinion as to the time; it is not a 
proiier (piestion; if you ask if he knows the time it would be proper, but not for 
ins opinion. I object. 

Mr. Thompson. Tbe witness has laid a proper foundation to enable him to 
express an opinion ; he is especially (lualitied as an expert by his work with the 


<.'ompany. 

Mr. Price. I except to the decision. 

Mr. Thompson. Go ahead Mr. McDonald, answer the question? 

A. I think I can remember nearly. I am sure myself that it was not more 
than 5 o’clock. I do not think it was after 5 when we pulled out. 

Q. What was the condition there in the early part of November wben the 
day shift went to work?—A. I do not remember well enough to state. They had 
lanterns when they left—carried their lanterns along. 

Q. What time did they go to work?—A. Seven o’clock. 

Q. How long after you left to go to work would it come light, would you 
say?—A. I can not say that to be sure about it. I do not know about it. 

Q. Did you carry a lantern when going to work?—A. No. I did not do that 
kind of work. 

Q. What kind of work were you doing?—A. Driving team. 

Q. It was light enough to see then?—A. Yes, sir. 

Q. When you left that morning were lights burinng in the camp?—A. Yes. 

Was there a light in Murray’s cabin or not?—A. Yes, sir. 

Q. Did you vote.—A. No, sir. 

Q. For wliat reason?—A. There had been arguments about it and I thought 

it was illegal. .. , 

Q. With whom did you have arguments :Mr. IMcDonald?—A. Mattocks. 

(J. Before or after the election?—A. Before the election and after. 

Q. On the morning of the election?—A. Before that; it had been talked o\ei 

the night before. , • i. n ^ v t v i 

Q Were there any others present when you were having this talk i A. i am 

not speak to any one but Harris. I said what are you going to do about this 
election'^ 

Q. What did Harris say?—A. Harris said, “If they all want to vote we’ll 
shove the clock ahead and make it time.” 


294 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. W as Harris one of tlie jndj^es of election?—A. I understand tliat lie was.. 
I was not in where they voted. He was appointed one. 

Q. Was he inten^sted in the company, Cache Creek Co.?—A. I understand 
that he was a shareholder. 

Q. Was there any talk after you left; on the trail, IMr. McDonald?—A. I do 
not rememher any. 

Q. Are you a citizen?—A. I only have my first papers. 

]\Ir. Thompson. I think that is all. 

Mr. Price. You made the statement that you did not vote because you thought 
the election was illegal. Is it not a fact that you knew that you were not en¬ 
titled to vote, not being a citizen? 

The Witness. No. I thought I could vote, having my first papers. 

Cross-question by Mr. Price. 

Q. You thought you could vote on your first papers?—A. Yes, sir. 

Q. Your statement that you left before 8 o’clock is an opinion?—A. No; I do 
not think it is an opinion. I know it. 

Q. Your statement that you left at 5 o’clock—was that an opinion?—A. I did 
not say it was at 5 o’clock, but right close to 5. Right after breakfast I went 
out to get started—about 10 minutes after 4. 

Q. You .fudge the time to do your work would not be more than to 5?—A. Yes. 

Q. Do you know what time the polls opened?—A. No; I do not. I did not 
go in the ixills. 

Q. Do you know the names of any persons who claim that they went there 
and voted?—A. I know the names of four, said they voted. 

Q. Do you know for a fact that they voted?—A. I did not see them vote. 

Recross-question by Mr. Thompson. 

Q. Who were the ones who claimed they voted, Mr. McDonald?—A. One I re¬ 
member, Frank told me he voted. 

Q. For whom did he vote? 

Mr. Price. Oh.fection. 

Mr. Thompson. Objection overruled. 

Mr. Price. Exception noted. 

A. He said he voted for Sulzer. He said he was sorry he had done it; wished: 
he had voted for Wickersham: 

Q. Did he say why?—A. No, sir. 

Q. What othei’s do you know?—^A. Wesley Adams. 

Q. For whom did he vote? 

Mr. Price. Objection. 

Mr. Thompson. Overruled. 

A. Wickersham. 

Q. Who else?—A. Mattocks said he voted. 

Q. Did he say for whom he voted?—A. No. 

Q. Any one else?—A. That is all I can remember. 

We do hereby agree to waive the signature of Malcolm (Red) McDonald 
to this, his deposition; he was duly sworn and testified under oath hut is now 
out on the railroad at work and for that reason his signature is waived. 

Arthur G. Thompson, 
Attorney for Contestant. 

Tiios. C. Price, 

Attorney for Contestee. 

Territory of Ai vska, 

Third Division, Knik Frecinet, ss: 

I hereby certify that Malcolm (Red) McDonald, the witness whose testimony 
appears in the forregoing deposition, a])peared before me at the time and place 
in this deposition before stated, and after being first duly sworn by me to tell 
the truth in the above-entitled case, was tlien and there interrogated by me 
touching the matters at issue in said case, and was also interrogated by Thomas 
Price, the representative of George Grigsby, the substituted contestee, herein, 
and that the interrogatories propounded to said witness and the answers made 
hj'- said witness to said interrogatories, together with the objections and ex¬ 
ceptions of the representatives of the parties hereto, and the rulings thereon, 
are truly set forth in said deposition; that thereupon I caused said deposition 
to he taken and transcribed by Isabel Nelson, stenographer, and when com¬ 
pleted, was read by the representatives of the parties to this cause, who then 


WICKEPiSHAM VS. SULZER, DECEASED, AND GRIGSBY. 295 


stipulated to waive the signing of said deposition by said witness, which stipu¬ 
lation is attached hereto. 

In testimony whereof I have hereunto subscribed my name and aflixed the 
seal of my office, this 10th day of September, 1919, at Anchorage, Alaska. 

[seal.] Arthur G. Thompson, 

Notary Public in and for the Territory of Alaska, 

Residing at Anchorage. 

My commission expires May 6, 1922. 

DEPOSITION OF MRS. C. W. MOSSMAN. 

Taken before Arthur G. Thompson, a notary public in and for the Territory 
of Alaska, residing at Anchorage, at the office of said notary in Anchorage, 
Alaska, upon notice to George Grigsby, substituted contestee herein, at the 
convening of the continued hearing, on the 10th day of September, 1919. 

The following persons being present: Arthur G. Thompson, notary public, 
appointed herein; Isabel Nelson, notaries’ stenographer; Thomas Price, repre¬ 
senting George Grigsby ; INIrs. C. W. Mossman, witness; C. W. Mossman. 

Mrs. Clarence MossPiian was then called’to the stand, and having taken oath, 
gave the following as her testimony herein: 

By Mr. Thompson : 

Q. INIrs. Mossman, how long have you been in the Territory?—A. I came in 
September, 1916. 

Q. How long in Anchorage district?—A. I have been in Anchorage two years; 
it was Septembei-, 1917, I came here. 

Q. Did you vote at the primary held here last spring, at which delegates to 
Congress were chosen?—A. No, sir. 

Q. You did not vote at that election?—A. No; I did not. 

(}, You had lived here for some time prior to your marriage?—A. Yes. 

Cy When were you married to Mr. Mossman?—A. In May. 1918. 

Q. Mrs. Mossman, where is your residence?—A, I suppose Anchorage is my 
residence. 

Q. Did you vote at the election held last fall?—A. Yes, sir. 

Q. Where did you vote?—A. In Valdez. 

Cross-question by INIr. Price : 

Q. How long were you in Valdez prior to the election?—A. I went there in 
September; tive weeks at the time of the election. Left here September 26 r 
arrived September 29. 

Q. How long were you in Valdez before you came to x4.nchorage; was your 
home there before coming to Anchorage?—A. Yes; I came there in 1916, and 
to Anchorage in 1917. 

Q. Had you been in Valdez 30 days prior to the election?—A, Yes; more 
than 30 days. 

Redirect cross-question by Mr. Thompson : 

Q. For whom did you vote at that election, Mrs. IMossman? 

iMr. Price. Objection. 

Mr, Thompson. Overruled. 

Mr. Price. The witness need not answer. The right of franchise is protected, 
perfectly by law; it is nobody’s business for whom she voted. 

Mr. Thompson to witness. Do you decline to answer? 

Mrs. Mossman. I do. 

Mrs. C, W, Mossman. 

Subscribed and sworn to before me this lltli day of September, 1919. 

[SEAL.] Arthur G. Thompson, Notary Public. 

My commission expires IMay 6, 1922. 

This is to certify that Mrs. C. W. Mossman, the witness whose testimony 
appears in the foregoing deposition, appeared before me at the time and place 
in this deposition stated, and after being first duly sworn to tell the truth in 
the above-entitled case, was then and there interrogated by me and by Thomas 
Price, representing the substituted contestee, George Grigsby, touching the mat¬ 
ters at issue in said case, and that the interrogatories propounded to said 
witness and that the answers given by said witness to said interrogatories are 


296 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


set forth in said (lej)()siti<)n, to^f^ther with the ohjeetions of the representatives 
of the parties Iiei'eto, the rnlini>:s of the notary thereon, and the exceptions 
taken tliereto; that 1 caused said deposition to he taken and transcribed by 
Isabel Nelson, stenoa:rai)her, and when coini)leted the same was read by the 
witness, and by him or her corrected; and that said witness then si 2 :ned the 
same and ni)on oath swore that said deposition is true; 

That said deposition was taken pursuant to adjournment of the hearings 
for the puri)ose of taking dei)ositions on behalf of the contestant herein and 
to the attached stii)iilation. 

In testimony whereof I have hereunto subscribed my name and afiixed my 
otlicial seal this 11th day of September, 1919. 

[sExVL.] Arthur G. Thompson, 

Notary Public in and for the Territory of Alasha, 

Residing at Anehorage. 

My commission exjures ]May 6, 1922. 


SimPCENA. 


To C. ir. Mossnian, Mrs. C. IE. Mossman, R. A. McCulloch, John Frohst, and 

A. ir. Walter, greeting: 

By reason of the authority vested in me by the laws of the United States and 
the Territojy of Alaska and the notice to take testimony in the above-entitled 
case served by the contestant upon the contestee therein : 

You are hereby required to l)e and appear before me at my office on the corner 
of Fourth and F Streets, in the town of Anchorage, Alaska, at the hour of 10 
o’clock a. m., on Wednesday, the 3d day of September, 1919, then and there to 
testify in the above-entitled cause on oath, and true answers give to the ques¬ 
tions that may l)e propounded to you, and if said testimony is not concluded on 
said day it will be continued from day to day until concluded, and therein 
fail not. 

Given under my hand and the seal of my office this 30th day of August, 1919. 

[seal.] Arthur G. Thompson, 

Notary Public in and for Alaska, 

Residing at Anchorage. 

commission expires May G, 1922. 


Territory of Alaska, Knik Precinet, ss: 

iM. H. Lynch, being first duly sworn, on oath deposes and says; That he served 
the attached subpoena on John Probst, A. (Alvin) W. Walter, and IVIrs. O. W. 
Mossman, in the town of Anclmrage, Territory of Alaska, by leaving with and 
•delivering to said i)ersons, and each thereof, an original copy of said subpoena 
on the 2(1 day of September, 1919. 

M. H. Lynch. 


Subscribed and sworn to before me this 11th day of September, 1919. 


[ SEAL. ] 

]\Iy commission expires May 6, 1922, 


Arthur G. Thompson, 

Notary Publie. 


SUBPOENA. 

To Charles Irring, Harry Kingsberry, Red McDonald, Heytimus Irvine, Charles 

MeGarity, James Whcelock, and Mrs. James Wheelock, greeting: 

By reason of the authority vested in me by the laws of the United States and 
the Territory of Alaska and the notice to take testimony in the above-entitled 
case served by the contestant upon the contestee therein: 

You are hereh-y inquired to be and appear before me at my office on the corner 
of Fourth and F vStreets, in the town of Anchorage. Alaska, at the hour of 10 
o'clock a. in., on Wednesday, the 3d day of September, 1919, then and there to 
testify in the above-entitled cause, on oath, and true answers give to the ques¬ 
tions that may be propounded to you, and if said testimony is not concluded 
on said day it will be continued from day to day until concluded, and therein 
fail not. 

Given under my hand and the seal of my office this 30th day of August, 1919, 

[SEAL.] ARTHim G. Thompson, 

Notary Publie in and for Alaska, 

Residing at Anehorage. 

My commission expires May 8, 1922. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 297 


Tkkkitoiiy of Alaska. 

]\7iik PreHnct, sft: 

M. H. Lyiicli. beiiijz: first duly sworn, on oath deposes and says: That he served 
the attached s\d)p(ena on .James Wheelock, and Mrs. James Wheelock, on the 
80th day of October, 1019 and on (diaries (Chas.) MctJroarty on the 80th day of 
October, 1919, and on Malcom (Red) McDonald, on the 1st day of September, 
1919. in xVnchorajte, in the Territory of Alaska, liy leavinjt with and delivering? 
to said persons, and each thereof, an original copy of tlie attached .subpoena. 

M. II. IjYncii. 

Subscribed and sworn to before me this 11th day of September, 1919. 

[seal.] xVktiiur Thompson, 

KotiU'if J'uhlic. 

My commission exiiires May 0, 1922. 

To Charles .1. i^idzrr, cojitestre. Oeonjc B. Grif/shu, coutcfftec, and to John xl. 

Clark, hii^ a<fcnt and attorneij: 

Yon are hereby notified that the depositions of Dnrwood INI. Ilocker and 
John E. l*egnes, residents of the town of Fairbanks, .Alaska, will be taken 
before Henry T. Ray. a notary public in and for Alaska, at his ollice on 
Second Avenue, next the Imperial Cigar Store, in the town of Fairbanks, 
Alaska, on the 5th day of September, 1919, at the hour of 10 o'clock a. ni. of 
said day, then and there to be examined and to testify on oath respecting the 
said contested election and the issues in said contest, to be read in evidence 
in tla‘ above-entitled proceeding, on behalf of said .lames Wickersham, con¬ 
testant, and that the taking of said depositions will be continued from day to 
day thereafter, and over Sundays and legal holidays, if any, until the taking 
of the same shall have been completed. 

Yon are re(piested to have your attorney or agent pre.sent at said examina¬ 
tions to cross-examine said witnesses. 

Dated this 8()th day of August, 1919, at Fairbanks, .Alaska. 

.Iames Wickersham, 

Contestant. 

Ry ^loKTON E. Stevens, 

His Attorneij. 

Due service of the foregoing notice, together M’ith a copy thereof, is hereby 
acknowledged this 80th day of .August, 1919, at Fairbanks, .Alaska. 

John .A. Clark, 
Attorney for Contestees. 


SI'RPCENA. 

The President of the Vnited States of Aineriea, dreetiny; to Dnrwood M. 
Hoeker: 

You Jire hereliy retpiired, that, all and singular business and excuse being 
set aside, you appear and attend liefore tbe undersigned, Henry T. Ray, a 
notary juiblic in and for the Tei-ritory of Alaska, at his office on Second 
Avenue, next the Imperial Cigar Store, in the the town of Fairbanks, .Alaska, 
on the 5th day of September, 1919, at the hour of 10 o’clock a. m. of said day, 
then and there to be examined and to testify on oath respecting the said con¬ 
tested election and the issues in said contest, and if you refuse or neglect to 
attend and testify as above required, you will be subject to penalty and liable 
to indictment as Vre.scribed by section 110, cbapter 8, Revised Statutes of the 
United States, 1878. 

Witness my hand and notarial .seal this 30th day of .August, 1919. 

[seal.] ‘ Henry T. Ray, 

Notary Pntdie in and for Alaska. 

My commission expires ,lune 7, 1920. 

United States of xAmerica, 

Territory of Alaska, ss: 

Henry T. Ray, being first duly sworn, on oath deposes and .says that he Is a 
citizen of the United States, over the age of 21 years; that he served the hereto 
attached subpiena on Dnrwood AI. Hooker, at Fairbanks, .Alaska, on the 80th 


298 WICKEESHAM VS. SULZEK, DECEASED, AND GKIGSBY. 


day of An,c:iist, 1919, by sliowing to said Diirwood M. Hooker the orij^inal and 
delivering to him a true copy thereof. 

Heney T. Hay. 

Siihscrihed and sworn to before me this 30th day of August, 1919. 

[seal.] Morton E. Stevens, 

Kotarij Public for Ala-sl-a. 

IMy commission expires July 15, 1922. 


SUBPCENA. 

The President of the United States of America, Greeting to John E. Pegues: 

You are hereby required that, all and singular Imsiness and excuse l)eing set 
aside, you appear and attend before the undersigned, Henry T. Ray, a notary 
public in and for the Territory of Alaska, at his office on Second Avenue, next 
the Imperial Cigar Store, in the town of Fairbanks, Alaska, on the 5th day of 
September, 1919, at the hour of 10 o’clock a. m, of said day, then and there to 
he examined and to testify on oath respecting the said contested election and 
the issues in said contest, and if you refuse or neglect to attend and testify 
as above required you will he subject to penalty and liable to indictment as 
prescribed by section 116, chapter 8, Revised Statutes of the United States, 1878. 

Witness my hand and notarial seal this 30th day of August, 1919. 

[SEAL.] Henry T. Ray, 

Xotarg Puidic in and. for Alaska. 

My commission expires June 7, 1920. 

United States of America, 

Territory of Alaska, ss: 

Henry T. Ray being first duly sworn, on oath deposes and says that he is a 
citizen of the United States, over the age of 21 years; that he served the hereto 
attached subpoena on John E. Pegues at Fairbanks, Alaska, on the 30th day of 
August, 1919, by showing to said John E. Pegues the-original and delivering 
to him a true copy thereof. 

Henry T. Ray. 

Subscribed and sworn to before me this 30th day of August, 1919. 

[seal.] Morton E. Stevens, 

Xotarg Public for Alaska. 

]My commission expires July 15, 1922. 

Now, on this 5th day of September, 1919, pursuant to notice hereto attache<l, 
the testimony of Durwood M. Hocker and John E. Pegues was taken before 
me, Henry T. Ray, a notai*y public in and for Alaska, at my office in Fair¬ 
banks, Alaska, at the hour of 10 o’clock a. m. of said day. 

DEPOSITION OF DURWOOD M. HOCKER. 

DURWOOD ]\I. HOCKER being first duly sworn, testified as follows: 

Direct examination by Mr. Stevens, attorney for contestant. 

Q. State your name and age.—A. Durwood M. Hocker; age 25 years. 

i]. What was your business or profession on November 5, 1918V—A. Cashier, 
telegraph office. 

Q. Where were you stationed at that time?—A. Fairbanks, Alaska. 

Q. Under whose direction did you act in such capacity?—A. Col. Lenoir, of 
Seattle. 

Q. What position did he hold at that time?—A. Officer in charge of the 
system.’ 

Q. What system?—A. Washington-Alaska Military Cable and Telegraph 
System. 

Q. State whether or not, on November 5, 1918, you were a soldier in the 
United States Army.—A. I enlisted in the Signal Corps. 

Q. That is part of the United States Army, is it not?—A. A branch. 

Q. When did you enlist in said service?—A. July 24, 1914. 

Q. Where did you so enlist?—A. At Columbus, Ohio. 

Q. Where was vour home at that time?—A. Owensboro, Ky. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 299 


Q. When did you arrive in Alaska after your so enlistment?—A, About 
Aujjust 24, 1914. 

Q. Had you ever been in Alaska prior to that time?—A. Never. 

Q. Was ,Tuly 24, 1914, the date of your last enlistment in the United States 
Army?—A. The first and last. 

Q. State where you were located after coming? to Alaska and state about 
the length of time you remained at the several places.—A. St. Michaels about 
two weeks; between Melozi and Uokrines about two weeks; Fort Gibbon 
about two months; since December 5, 1914, in Fairbanks. 

Q. Did you on November .1, 1918, vote at the election for Delegate to Con¬ 
gress from Alaska?—A. I did. 

Q. AVhere did you so vote?—A. City hall, Fairbanks, Alaska. 

Q. State for whom you voted for Delegate at said election? 

Mr. John A. Clakk (attorney for contestee). I object to the question, and 
instruct the witness that he does not have to answer the question and that 
he can not he required to disclose the name of any candidate he voted for. 

Mr. Stevens. INIr. Clark, will you please state the grounds of your objection? 

Mr. Clark. I have already stated the grounds of my objection, and as a 
matter of law the witness can not be required to give the information inquired 
for. 

Mr. Stpwens. Mr. Clark, do you appear here as attorney for this witness 
as well as appearing for the contestee? 

Mr. Clark. Tlie record shows who I appear for. 

Q. Mr. Hocker, will you please answer the question that I have asked, as 
to whom you voted for for Delegate to Congress?—A. No. 

Q. Please state why you refuse to do so.—A. Nobody’s business but mine. 

Q. Is it not true, Mr. Hocker, that you refuse to state for whom you voted 
for Delegate to Congress at the November, 1918, election, because it is in the 
interest of George B. Grigsby not to do so? 

Mr. Clark. I object to the question on the ground that it is insulting, and 
the witness has already stated his reasons for not answering the question. 

A. It is not true. 

Q. Is it not true that you refuse to answer the question in the interest of 
the Democratic party? 

IMr. Clark. I object, for the same reason set forth in my last objection. 

A. It is not. 

(}. Did you on and prior to November 5, 1918, class yourself as belonging 
to any political party? 

]Mr. Clark. I object to the question on the ground that it is absolutely imma¬ 
terial, and has no bearing upon the issues involved in this case, and instruct 
tbe witness that he does not have to answer the question unless he so desires. 

A. I refuse to answer. 

Q. Is it not true that on and prior to November .5, 1918, you took an active 
interest in Charles A. Sulzer’s campaign as a candidate for delegate from 
Alaska? 

Mr. Clark. I object to the question, on the ground that it is absolutely 
immaterial, has no bearing on the issues involved herein, and instruct the 
witness that he does not have to answer the question unless he so desires. 

A. I tell you, the only interest I tbok in it was a gambling interest—a betting 
proposition. 

Q. Did you bet that Charles A. Sulzer would he elected? 

Mr. Clark. I object to the question on the ground that it is immaterial, and 
instruct tbe witness that he can not be compelled to incriminate himself. 

A. I refuse to answer, 

Q. What time of day, as near as you can state, did you vote for Delegate to 
Congress. 

Mr. Clark. Objected to in the grounds that it is immaterial. 

A. I don’t rememhei', I did not keep track of it. 

Q. Is it not true that you bet on the Delegate election, prior to the time 
you voted? 

IMr. Clark. I instruct the witness that he does not have to answer, that 
lie can not be required to incriminate himself. 

A. Refuse to answer. 

Q. I understand you to say that you did bet on the Delegate election of 
November 5, 1918, did you not so state? 


300 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


]\Ir. Clark. I object to the question on the afroiind that it is iniinaterial, and 
instruct the witness that he can not he compelled to answer the question, or to 
incriminate himself. 

A. I made no such statement. 

Q. What was the statement that you voluntarily made in rej?ard to hettiiif?? 

iNIr. Clark. I object to the question on the ground that it is immaterial, and 
the record shows what his answer was. Ami that he can not he required to 
answer any question as to whether or not he bet on the results of the election. 

A. You got the statement down there that I made. 

Q. Then as I understand, you refuse to make any further statement concern¬ 
ing your betting on said election? 

Mr. Clark. I object to the question, on the grounds that counsel misquotes 
the evidence. 

A. I did not state I bet on the election. 

(}. I’lease state what you meant, then, when you stated in substance that 
the only interest you took in this election was a gambling or betting interest? 

Mr. Ch.ARK. I instruct the witness that he does not have to answer the ques¬ 
tion; that it is absolutely immaterial. 

A. Held stakes for a number of fellows. 

Is that all you did in regard to any bets on the result of the November 
o, 1918, election? 

INIr. Clark. I instruct the witness that he does not have to answer. 

A. I refuse to answer. 

Then you did not make any bets on your own account? 

Mr. Clark. I instruct the witness that he does not have to answer. 

A. Refuse to answer. 

Q. JMr. Hocker, is it not true that as a matter of public notoriety, you were 
on November .5, 1918, and for sometime prior thereto, taking an active part in 
said election in the interest of the candidacy of Cliarles A. Sulzer? 

Mr. Clark. I object on the grounds that it is immaterial, and instruct the 
witness that he does not have to answer. 

A. Nev'er took an active part in any election. 

Q. Did you ever before this occasion make any secret of whom you supported 
for Delegate to Congress in the November, 1918, election? 

Mr. Clark. 1 object to the question on the ground it is immaterial, inco¬ 
herent. and instruct the witness that he does not have to answer the question. 

A. Refuse to ansV\’er. 

Q. I desire to inform you that the question of the legality or illegality of 
your vote for Delegate to Congress at the November 5, 1918, election, has been 
raised by the pleadings in the contest which is now pending in the Sixty-sixth 
(kmgress of the United States. And that the law is that you can be compelled 
to testify concerning for whom you voted, if your vote was illegal. The testi¬ 
mony that you have given discloses that your vote was illegal. Now, I will 
again ask you, in view of this statement, whether you still refuse to state for 
\rhom you voted for Delegate at said election? 

Mr. Clark. Before the witness answers the question, I desire to state that 
the sole issue in this case as regards this witness, is whether or not as an 
enlisted man in the armed foi-ces of the United States he was entitled to vote. 
And that he can not be compelled to disclose for whom he voted. 

A. I certainly do. 

]\Ir. Stevens. That’s all. 

Cross-examination by Mr. Clark : 

Q. ]Mr. Hocker, for what period did you enlist?—A. Seven years; either 
three or four active service, rest of seven years in the reserve. 

Q. Had your three years’ active service expired before November 5, 1918?— 
A. It expired July 24, 1917. 

Q. You married in Alaska, did you not?—A. Yes. 

Q. On November .5, 1918, where did you reside in Fairbanks?—A. Corner 
Sixth and Wickersham Streets. 

Q. Did you own your own residence at that time?—A. Well, my wife did. 

Q. Did you live on Government property?—A. I did not. 

Q. How long had you lived in Fairbanks precinct before Novenfl)er .5, 1918?— 
A. Since December 5, 1914. 

Mr. Clark. That’s all. 


WICKERSHAlVr VS. SULZER, DECEASED, AND GRIGSBY. 


301 * 


Redirect examination by Mr. Stevens: 

Q. From the time of your enlistment up to and including? November 5, 1918, 
there bad been no change in your status as a soldier?—A. Yes; there was this 
change: After July 24, 1917, I drew reenlistment pay, being on the same status 
as a man who had reenlisted. That being the end of the period of my active 
service. 

Q. You received an increase of pay, is that true?—A. I did. 

Q. But you remained in the active service as a soldier in the United States 
Army up to and including the date of said election?—A. Owing to the declara¬ 
tion of war April, 1917, I was compelled to remain, but had not this war confe 
on I would have oeen on the reserves. 

Durwood M. Hocker. 


Subscribed and sworn to before me this 5th 
[seal.] 

INIy commission expires June 7, 1920. 


day of September, 1919. 

Henry T. Ray, 
Notary Fuhlic for Alaska. 


DEPOSITION of JOHN E. PEGUES. 

JOHN E. I’EGUES, being first duly sworn, on oath testified as follows: 

Q. State your name and age?—A. John E. Pegiies, age 31 years. 

Q. A\'hat was your business or profession on November 5, 1918?—'A Soldier 
in the United States Army. 

Q State when and where you first enlisted as a United States soldier.— 
A. September 21, 1912, at Port Logan, Colo. 

Q. Where was your home at that time?—A. Why, I had no fixed place 
of residence. 

Q. Did you not give Oklahoma City, Okla., as your place of residence at 
that time?—A. That’s the place from which I applied for enlistment. 

Q. Had you ever been in Alaska prior to the time of your said first enlist¬ 
ment?—A. I had not. 

Q. Where were you born?—A. Tupelo, Miss. 

Q. Was your father a United States citizen?—A. Yes, sir. 

Q. About bow long did you live in Mississippi?—A. About 20 years. 

Q. When did you first come to Alaska?—A. June, 1913. 

Q. Were you in the service of the United States Army at that time?—A. I 

was. 

Q. Had you been in the service of the United States Army at all times 
between the date of your said arrival up to and including November 5, 1918?— 
A. No. My first enlistment ended when I was enroute from Fairbanks to 

Fort Gibbon on September 21, 1915. The boat arrived in Fort Gibbon at 

least one day after expiration of my service, and I was not enlisted again 
until another day, making two days, in order to retain the grade which 
I held at that time, my second enlistment papers were dated back to meet 
Army regulations. 

Q. How far back were the papers of your reenlistment dated?—A. Twenty- 
four hours. 

Q. Then there was an interval of 24 hours between the date of the expira¬ 
tion of your first service and the date given you in your reenlistment papers?— 
A. That is my understanding. 

Q. Are you able to state what place you designated as your residence at the 
time you so reenlisted?—A. I was not asked that for my place of residence, but 
in request as a married man, for permission to reenlist. I stated in a letter sent 
through military channels to the Chief Signal Officer of the United States Army 
that my home was in Fairbanks, at which place my family was then residing. 

Q. Have you a copy of that letter?—A. Not with me, and I don’t know 
whether I have it in my correspondence file or not. This fact has been 
reiterated by me on at least two different occasions since that time in express¬ 
ing a desire to remain stationed in Fairbanks, Alaska, until such time arrived 
that I might obtain my release from the military service of the TTnited States. 
These requests should be matters of record in the office of the officer in charge 
of the Washington-Alaska military cable and telegraph system, where copies, 
if not the originals, should be filed. 


302 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you know when such letters were written?—A. I am unable to give 
the dates. I might explain that under former regulations the term of service 
in Alaska was limited to two years, but upon application by a soldier permis¬ 
sion could be granted for applicants to remain for a longer period, 

Q. How long did you remain in the service of the Army after your reenlist¬ 
ment?—A. About the middle of August, 1919, 

Q. You were then discharged or released from service?—A. Yes. 

Q. Did you, on November 5, 1918, vote at the election for Delegate to Con¬ 
gress from Alaska?—A. I did. 

Q. Where did you so vote?—A. At Fairbanks, Alaska. 

Q. State for wliom you voted for Delegate at said election, 

Mr, Clark, I object to the question, on the ground that it is immaterial, and 
instruct the witness that he can not be compelled to answer the question. 

A. I decline to answer. 

Q. Why do you decline to answer?—A. I believe that my vote has the same 
right to protection as that of any other citizen. 

Q. You understand that that would depend upon whether your vote was 
legal or illegal? 

Mr. Clark. I object to the question, on the ground that it is immaterial, a 
question of law, and the witness has already stated his reasons for refusing 
to answer as to whom he voted for. 

A. It is my understanding that the attorney for the contestant has no au¬ 
thority to judge the legality or illegality of my vote, 

Q. Is Mr. Clark acting as your attorney in this proceeding?—A. I have no 
attorney. 

Q. Did Mr. Clark ever advise you that your vote for Delegate to Congress at 
said election was a legal vote?—A. I neglected to ask iNIr. Clark’s opinion on 
the subject. 

Q. Did he volunteer an opinion?—A. Not to me, directly or indirectly, 

Q. Did Mr. R. F. Roth, United States district attorney for this fourth judicial 
district, Alaska, ever render you an opinion as to whether or not the said vote 
was legal or illegal? 

Mr. Clark. I object on the ground that it is immaterial, and instruct the 
witness that he does not have to answer the question. 

A. IMr. Roth at no time has advised me as to the status of my vote. But he 
did inform me of the qualitications necessary to entitle a resident of Alaska 
to the right to vote. 

Q. Was that information verbal or in writing? 

Mr. Clark. Same objection and instruction. 

A. He read me a chapter from the Alaska Session Laws, or Alaska Code, 
on this subject, 

Q. He knew you were a soldier in the United States Army, did he not, at 
that time? 

Mr. Clark. Same objection and instruction. 

A. I can not say what Mr. Roth knew. 

Q. Was anything said by you or he on that occasion relative to your status 
as a soldier? 

Mr. Clark. I object and instiaict the witness that he can not be required to 
answer any question along the line indicated by said question, on the ground 
that it is absolutely immaterial and incompetent. 

A. Nothing was said about my personal status. 

Q. Was the question of the right of soldiers in Alaska to vote in Alaska dis¬ 
cussed or mentioned in your conversation with Mr, Roth? 

Mr. Clark. Same objection and instructions. 

A. No; I merely asked for qualitications of the voter. 

Q. Was that prior or after the November, 1918, elections? 

Mr. Clark. Same objection and instructions. 

A. I can’t give the exact date, but I think it was prior thereto. 

(}. Are you the same .John E. Pegues that voted at the election for Delegate 
to Congress from Alaska in the November 1910 election? 

Mr. Clark. I object on the grounds that it is immaterial, and I instruct wit¬ 
ness that he need not answer the question. 

A, I am. 

Q. Did you vote for Charles A. Sulzer at that election? 

Mr. Clark. I object on the grounds that it is immaterial, and instruct the 
witness that he need not answer the question. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 303 


A. I decline to answer. For the reason given in my answer to question 
relative to the 1918 election. 

Q. Are you aware that the House of Representatives of the 65th Congress 
of the United States, in passing upon the election contest of James Wickersham, 
contestant, against Charles A. Sulzer, contesting the delegate election from 
Alaska of November, 1916, cast your vote out as being illegal? 

Mr. Clark. I object on the ground that it is immaterial and not in accord¬ 
ance with the facts, and instruct the witness that he does not have to answer 
the question. 

A. I can not he aware of something that did not happen. 

Q. What business or profession are you now engaged in?—A. Newspaper 
business. 

Q. What newspaper are you connected with?—A. The Alaska Citizen. 

Q. That is a daily paper, is it not?—A. Daily and weekly. 

Q. And pul)lished in Fairbanks, Alaska, or one of its suburbs, is that true?— 
A. Published at Fairbanks. 

Q. In what capacity are you acting relative to the publication of said paper? 

IMr. Clark. I object to the question on the grounds that it is immaterial, 
and instruct the witness that he does not have to answer. 

A. Editor and manager. 

Q. You are interested in said newspaper beyond being an employee, are you 
not? 

Mr. Clark. I object to the question on the ground it is immaterial and im¬ 
pertinent, and the witness need not answer the question unless he so desires. 

A. I decline to state, since my personal business can have no bearing in the 
present case. 

Q. As editor and manager you control the political policy of said newspaper? 

Mr. Clark. I object on the ground it is immaterial, and the witness need not 
answer unless he so desires. 

A. I decline to state. 

Q. As editor and manager do you influence the political policy of said 
newspaper ? 

Mr. Clark. Same objection and instruction. 

A. I decline to state. 

Q. How long have you been acting as editor and manager of said paper?— 

Mr. Clark. Same objection and instructions. 

A. The lu'oof can be found by consulting the files of the paper. 

Q. Do you want this court to adjourn so you can go and consult the record 
or are you able to state from memory about how long you have served as 
editor and manager of said paper? 

Mr. Clark. I object, on the ground it is immaterial, and instruct the wit¬ 
ness that he need not answer the question. 

A. No answer. 

Q. Did you contribute any editorial articles, or articles, or writing, to said 
Alaska Citizen, prior to November 5, 1918? 

Mr. Clark. I object, on the ground it is immaterial and instruct the wit- 
ne.ss he does not have to answer. 

A. I decline to answer. 

Q. Is it not true that the Alaska Citizen is Democratic in politics at the 
present time? 

Mr. Clark. I ol)ject on the grounds it is immaterial, a mere waste of time 
and instruct the witness that he need not answer any questions along this line. 

A. I decline to answer. 

Q. Is it not true that said Daily Citizen favored and supported the election 
of Charles A. Sultzer for Delegate to Congress for the election of November 
5, 1918? 

Mr. Clark. Same objection and same instruction. 

A. Same answer. 

Q. Is it not true that you were connected with said Daily Citizen, and con¬ 
tributed to the editorial staff of said paper prior to November 5, 1918? 

Mr. Clark. Same objection and same instruction. 

A. Same answer. 

Q. Is it not true that prior to November 5, 1918 and up to the time you 
cast your vote at said election, that you were an active and earnest supporter 
of Cliarles A. Sulzer for Delegate to Congress from Alaska? 

Mr. Clark. Same objection and same instruction. 

A. Same answer. 


304 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. Sfjite whethei’ or not yon made any bets or waiters, or any bet or waj^er, 
on the result, or as to tlie result of the election of November 5, 1918, as to 
any one or more candidates at said election, 

I\Ir. Clz\rk. I instruct the witness that he need not answer the question. 

A. I decline to answer. 

Q. Is it not true that yon came here to jjive yonr testimony with the prede¬ 
termination not to disclo.se for whom yon voted for Dele^iate to Conj;ress in 
the election of November 5, 1918? 

INIr. Clark. I object on the fironnd that it is immaterial, impertinent, in¬ 
sulting, and instruct the witness that he does not have to answer at all. 

A. I came here willingly to give testimony that might be required of me, 
reserving the same rights to the secrecy of my ballot that is given under the 
election law to any citizen. 

Q. Yon thought it quite probable, did yon not, that the question as to how 
yon voted wonld be propounded to yon? 

I\Ir. Clark. I instruct the witness that he does not have to answer. 

A. I have no time to spend in idle speculation. 

Q. Is it not true that as a resnlt of conversations had between yon and cer¬ 
tain Democratic politicians, or Democratic workers, that yon, among others, 
had determined not to disclose by yonr testimony for whom yon voted at said 
Delegate election of 1918? 

Mr. Clark. I object on the ground that it is immaterial, and instruct the wit¬ 
ness he need not answer. 

A. It is not. I decide my own actions. 

Q. Yon are politically opposed to .Tames AVickersham, are yon not? 

Mr. Clark. I object on the ground that it is immaterial and instruct the wit¬ 
ness he need not answer. 

A. I\Iy politics are my own. 

Q. Please answer my question. 

Mr. C'lark. I instruct the witness he does not have to. 

A. I decline to state, 

Q. Yon were politically opposed to James Wickersham on NoAember 5, 1918, 
were yon not?—A. I decline to state. 

Q. Is it not true that prior to November 5, 1918, yon were personally opposed 
to James AVickersham in yonr opinion of bini? 

Air. Clark. Same objection and instruction. 

A. I decline to state. 

Q. As a matter of fact, Air. Pegnes, yon are a Democrat, and have been snch 
for a considerable time last past; is that not true? 

Air. Clark. I object on the ground it is immaterial; it is nobody’s business. 

A. I decline to state. 

Q. Is it not trne that yon are regarded in the commnnity generally, and as a 
matter of notoriety in this commnnity, as a Democrat? 

Air. Clark. I object on the groniui it is immaterial and instruct the witness 
he need not answer. 

A. I decline to state, 

Q. Did yon ever before this occasion refuse to indicate yonr general political 
views? 

Air. Clark. I object on the ground it is immaterial and instruct the witness 
he need not answer. 

A. I decline to state. 

Air. Stevens. That’s all. 

Cross-examination by Air. Clark: 

Q. Air. Pegnes, on November 5, 1918, were yon living in Fairbanks with vonr 
family?—A. I was. 

Q. How long had yon lived in Fairbanks prior to that time?—A. Since July 
1911. 

Q. AAlio owned the property occupied by yon as a residence?—A. I did. 

Q. How long had yon owned it?—A. AATiy, that home I had purchased less 
than a year previous. 

Air. Clark. That’s all. 

John E. Pegues. 

Subscribed and sworn to before me this 5th day of Septeml)er, 1919. 

[Seal.! Henry T. Ray, 

Notary Public for Alaska. 

Aly commission expires June 7, 1920. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 305 

Tu Charles A. Sitilzcr, contcstcc, George B. Grigshg, eontestee, and to John A. 

Clark, his agent and attorney: 

You are hereby notified that the deposition of tienry T, Ray. a resident of 
Fairbanks, Alaska, will he taken before Gny B. Erwin, a notaivr pnhlic in and 
for Alaska, at his otfice in the Red Cross Ihiilding, on Ciishinan Street in the 
town of Fairbanks, Alaska, at the hour of 10 (iciock a. in., on the Oth day of 
September, 1919, then and there to lie examined and to testify on oath respect¬ 
ing the said contested election and the issues in said contest, to be read in 
evidence in the above-entitled proceeding on behalf of said .Tames Wickersham, 
contestant, and that at the taking of said deposition you are requested to have 
your agent or attorney present to cross-examine said witness if he so desires. 

Dated at Fairbanks, Alaska, this 30th day of August, 1919. 

James Wickersham, 

Contestant. 

By Morton E. Stevens, 

His Attorney. 

Due service of the foregoing notice, together with a co])y thereof, is hereby 
acknowledged this 30th day of August, 1919, at Fairbanks, Alaska. 

John A. Clark, 
Attorney for Contestee. 

Now, on this 6th day of September, 1919, pursuant to notice attached, the 
testimony of Henry T. Ray w'as taken before me, Guy B. Erwin, a notary 
public in and for Alaska, at my office in Fairbanks, Alaska, at the hour of 
10 o’clock a. m. of said day, James Wickersham, the contestant, being repre¬ 
sented by Morton E, Stevens, his attorney, and having waited from said hour 
of 10 o’clock a, m. to 10.30 o’clock a. m., and no one having appeared to repre¬ 
sent either the said Charles A. Sulzer, contestee, oi* George E. Grigsby, con¬ 
testee, the following proceedings w'ere then had, to wit: 

DEPOSITION OF HENRY T. RAY. 

HENRY T. RAY, being first duly sw'orn by said notary pul)lic. testified as 
follow^s: 


Direct examination by Mr. Stevens: 

Q. State your name and age.—A. Henry T. Ray ; age, oS years. 

Q. AVhere do you reside?—A. Fairbanks, Alaska. 

Q. How long have you resided continuously in Fairbanks, Alaska?—A. Since 
September, 1904. 

Q. What official position, if any, have you held since being a resident of Fair¬ 
banks, Alaska?—A. Deputy recorder, Fairbanks precinct, for over four years; 
held the office of towmsite trustee for the town of Fairbanks for about 10 years 
last past; served as councilman of the towm of Fairbanks for one year and as 
inaycr of the towm of Fairbanks for one year; member of local board No. 17 
under the selective-service huv during the war, and a member of Fairbanks 
branch of the Council of Defense during the war. 

Q. State whether or not you have been representing the political interests of 
.Tames Wickersham in the fourth judicial division of Alaska and particularly in 
the vicinity of Fairbanks for a number of years last past in connection with 
his Candidac.v for Delegate to Congress from Alaska?—A. I have. 

Q. For about how' long?—A. For the past seven years. 

Q. State if you received by United States mail from Judge Wickersham a 
copy of House resolution No. 105, signed by the clerk of the House of Represen¬ 
tatives.—A. T did; about the 20th of August, 1919. 

Q. Did you at once communicate or consult me as attorney for contestant 
hei'ein concerning said resolution No. 105?—A. I did immediately upon receivings 
same. 

Q. State w^hat, if anything, you assumed would occur regarding the assembling 
of the 40 soldiers referred to in said resolution, upon the part of the War 
Department?—A. I assumed the men wmuld be assembled at the places desig¬ 
nated within plenty of time so they could be properly examined, and I imme¬ 
diately made inquiry at the telegraph office, Fairbanks, wiiether the men sta¬ 
tioned here had been notified as required by the resolution No. 105, and they 
informed me that they knew nothing about it, Durwood M. Hocker and E. D:, 

20 


151279—20- 



306 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

’Whittle, soldiers static^iied at Fairbanks, Alaska, being two of the men of whom 
1 made inquiry, and being also two of the men who were to be assembled under 
said resolution. 

Q. Wbat did you then do, if anything, to secure the testimony of these 40 
soldiers?—A, I consulted ]\Ii‘. Stevens, attorney for Judge Wickersbam, con¬ 
testant, and on the 25tb of August, 1919, we prepared a written notice addressed 
to J. E. McLoutb, operator in charge of the Fairbanks Signal Corps office, 
calling bis attention to resolution No. 105 and quoting paragraphs 9 and 10 
therefrom in full, and informing him that the time for taking testimony on be¬ 
half of the contestant, Wickersham, would expire on September 6, 1919, re¬ 
questing him to have the date fixed for assembling the men at Fairbanks, who 
were to be assembled thei'e so we could give the contestee or his representative 
notice to be present. Said notice also contained the list of the 40 names re¬ 
ferred to in said resolution. Mr. McLouth informed me that he knew nothing 
of the matter, was not an officer, and had no authority to act in the premises. 
I offered to serve said notice upon Mr. McLouth and he looked at it and stated 
he had no authority and knew nothing about the matter. 

Q. He was at said time in charge of the Fairbanks Signal Corps office, was 
he not?—A. He was. 

Q. What did you next do, if anything, regarding this matter?—A. I sent a 
telegram which I had prepai’ed by Mr. Stevens, Wickersham’s attorney, to Lieut. 
Col. Lewis at Fort Gibbon, Alaska, the officer in charge of the Signal Corps men 
in the fourth division of Alaska, which telegram is as follows: 

“ Fairbanks, Alaska, August 28, 1919. 

Lieut. Col. Lewis, 

Signal Officer, Fort Gibbon, Alaska: 

“Assuming you are familiar with provisions House resolution 105, passed by 
House Representatives July 28 last, relating to contest Wickersham against 
Sulzer and Grigsby for Delegate from Alaska, I respectfully request that all 
soldiers named in list described in said resolution be assembled at Fairbanks 
to testify on behalf of Wickersham in said case, except those who are to be 
assembled at Sitka or Valdez. Please fix time and advise me promptly. Sep¬ 
tember 6 is our last day. r)epositions should be completed before. Would sug¬ 
gest September 2 and following days for said depositions. 

“ James Wickersham, 

“ By Morton E. Stevens, 

“ His Attorney.” 

Q. Is the paper which I hand you a true copy of said telegram?—A. Yes. 

Q. Is it possible to obtain the original at this time?—A. No, sir. I am in¬ 
formed that an original telegram can not be obtained from the Signal Corps 
office without an order of the court, which order can not be obtained, owing to 
the absence of the court from this judicial division. 

IMr. Stevens. We offer in evidence said copy of said telegram and ask that 
it be marked “ Contestant’s Exhibit A,” as a part of this proceeding. 

(Copy of telegram received and marked “Exhibit A.”) 

Q. What answer was received, if any, to said telegram?—A. Mr. Stevens 
received in my presence the following answer: 

“ Fort Gibbon, August 26, 1919. 

“ Morton E. Stevens, 

“ Fairbanks: 

“Not familiar with House resolution 105. No copy here. Request names of 
men mentioned in list and what is authority for sending them Fairbanks. 
Taking men away would cripple system. 

“ Lewis.” 

This telegram was received on August 27, 1919. 

Q. Is the one you have in your hand the original?—A. It is. 

Mr. Stevens. Contestant offers in evidence said telegram and requests the 
same to be marked “ Contestant’s Exhibit B.” 

(Copy telegram received and marked “Exhibit B.”) 

Q. State what you then did.—A. I then sent the following telegram to Col. 
Lewis, which telegram is signed by Mr. Stevens, attorney, on August 27, 1919. 
wiring him full information regarding said resolution and the list of names, also 
informing him that I had delivered said resolution and Congressional Record 
relating thereto to the officer in charge of the Signal Corps at Fairbanks. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 307 

Q. Is the paper you have in your hand a duplicate copy of said telegram?— 
A. It is a duplicate or carbon copy. 

Q. Signed as indicated?—A. Yes. 

Mr. Stevens. Contestant offers in evidence said copy of telegram and 
requests that it be marked “ Contestant’s Exhibit C.” 

(Copy telegram received and marked “Exhibit C.”) 

Q. State what the paper is that I now hand you.—A. This is a carbon copy 
of the communication which I delivered to .1. E. IMcLouth, officer in charge at 
Fairbanks Signal Corps office on August 27, 1919, signed as indicated, .Tames 
V ickershanf, by INIorton E. Stevens, his attorney, inclosing said resolution and 
accompanied by congressional panqjhlet containing the hearings on said reso¬ 
lution before the Committee on Elections No. 3 in the House of Representatives, 
Sixty-sixth Congress, first session. 

Ml’. Stevens. Contestant offers in evidence said communication copy and asks 
that it be marked “ Contestant’s Exhibit D.” 

(Paper received and marked “Exhibit D.”) 

(}. State what this paper is that I now hand you?—A. Th.is is the answer 
received by Mr. Stevens in my presence from Col. Lewis to his wire of August 
27, 1919, and was received on the 2Sth of August, 1919. 

Mr. Stevens. Contestant offers in evidence said telegram and asks that it 
he marked “ Contestant’s Exhibit E.’’ 

(Telegram received and marked “Exhibit E.”) 

Q. AVhat did you next do to obtain the testinfony of the said 40 soldiers?— 
A. I notified Judge Wickersham of the conditions as I then found them. I 
also sent Col. Lewis, of Fort Gibbon, another telegram September 1, 1919. 

(>. Have you in your hand a true copy of such telegram?—A. I have. 

Mr. Stevens. Contestant offers in evidence said copy of telegram and asks 
that it be marked “ Contestant’s Exhibit F.” 

(Telegram received and markedExhibit F.”) 

Q. What other steps, if any, did you take September 1, 1919, to obtain de])o- 
sitions of soldiers at Fort Gibbon?—A. Learning that J. C. Dehn, United 
States commissioner at Tanana, is the only notary public there before whom 
deposition could be taken, I sent him, Septendier 1, 1919, a wire containing 
direct and cross-interrogatories and requested that he take the testimony of 
the four s’oldiers located at Fort Gibbon. This is a carbon copy of said 
telegram, which was signed as indicated. 

Mr. Stevens. C^)ntestant offers said copy of said telegram in evidence and 
asks that it be marked as “ Contestant's Exhibit G.” 

(Copy of telegram received and marked “Exhibit G.’’) 

Q. What did you do l)y way of an effort to obtain testimony of said soldiers 
located at Nulatto, Alaska?—A. Learning that there was no notary or other 
officer at Nulatto who could administer an oath or take depo.sitions, excepting 
th.e postmaster stationed there, upon advice of counsel and believing that said 
postmaster would have authority to take the same, I sent him a telegram, 
Sei)tember 1, 1919, containing a request similar to the one I sent to the 
notary at Tanana, Alaska, a carbon copy of which I hold in my hand, signed 
as indir-ated. 

Mr. Stevens. Contestant now offers in evidence said copy of said telegram, 
and requests that same be marked “ Contestant’s Exhibit H.’’ 

(Coi)y telegram received and marked “Exhibit H.’’) 

Q. State any other action taken in this matter.—A. In answer to telegram 
sent to notary at Tanana. Mr. Stevens received, on September 2, 1919, in my 
presence, a telegram which I now have. 

Q. Is this the one?—A. It is. 

Mr. Stevens. Contestnnt offers in evidence said telegram and asks that the 
same be marked “ Exhibit I.” 

(Telegram received and marked “ Exhil)it I.’’) 

(Answer continued.) I then sent a telegram, signed James Wickersham, by 
Morton E. Stevens, his attorney, and signed by John A. Clark, attorney for 
George Grigsby, to J. C. Dehn, Tanana, Alaska, September 2, 1919, a carbon 
coi),v of v hich I now hold in my hand. 

Mr. Stevens. Contestant offers in evidence said carbon co])y and asks that 
it be imirked “ Contestant’s Exhibit J.” 

(Cop.v telegram received and marked “Exhibit J.”) 

(Answer continued.) Morton E. Stevens, in my presence, on September 3, 
1919, received an answer from the postmaster at Nulatto, Alaska, which 
telegram I now have in my hand. 


308 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Ml*. Stevens. Contestant now offers said telegram and asks that it be 
marked “ Exhibit K.” 

(Telegram received and marked “ PIxhibit K.” 

Q. Did yon receive or did we receive any answers from Col. Lewis to the 
wire introduced here as Exhibit F?—A. Not having received any answer on 
September 4, 1919, I sent a wire to Col. liOwis, a carbon copy which I hold 
in my hand, which wire was signed as indicated on the copy. 

]Mr. Stevens. (Contestant offers said carbon copv and asks that it be marked 
“ (Vmtestant’s Exhibit L.” 

(Copy telegram received and marked “Exhibit L.”) 

(}. Did Col. Lewis answer the last-described telegram sent to him?—A. He 
did, on September 5, which I now have. 

Mr. Stevens. Contestant offers in evidence said telegram and asks that it 
be marked “ Contestant’s Exhibit M.’’ 

(Telegram received and marked “ Exhibit M.’’) 

(L State any other efforts yon made to get the testimony of soldiers re¬ 
ferred to in said House resolution No. 105.—A. On Se])tember 4, 1919, I sent 
a telegram to A. .1. Griffin, a notary public at Richardson, Alaska, requesting 
him to take the deposition of Herman B. Stenbuck, which telegram I now 
hold in my hand, or rather a carbon copy thereof. 

INIr. Stevens. Contestant offers in evidence said carbon copy and asks that 
it be marked “ Contestant’s Exhibit N.’’ 

(Copy telegram received and marked “Exhibit N.’’) 

Did you send to A. .T. Griffin, Richardson, Alaska, by mail, instructions 
containing direct and cross-interrogatories for the deposition of said Sten¬ 
buck?—A. I did, on September 5, 1919. This mail will undoubtedly reach Mr. 
Griffin in time to take said deposition. 

Q. State who signed the cross-interrogatories which you sent.—A. I sent the 
typewritten cross-interrogatories which .John A. Clark, as attorney for George 
B. Grigsby, prepared ami delivered to be for the purpose of taking the deposi¬ 
tion of said Stenbuck. 

(Hearing adjourned until 2 o’clock p. m. this day.) 

(Hearing resumed at 2 o’clock p. m. this day.) 

Mr. Stevens. The testimony of United States soldiers E. D. Whittle, Dur- 
wood ]M. Hocker, and .John E. Pegues has been taken in this proceeding upon 
behalf of contestant herein at Fairbanks. Please state whether these are the 
only soldiers referred to in said House resolution No. 105 which we were able 
to take at Fairbanks.—A. Yes; that is correct. 

Q. State whether these soldiers were the only ones between Nulato and 
Richardson, inclusive, that we were able to examine directly and thoroughly 
in this contest case upon behalf of contestant.—A. Yes; they were. 

Q. State whether or not this condition was due solely to the neglect or 
failure upon the jiart of the War Department to assemble these men in accord¬ 
ance with said resolution No. 195.—A. Yes, it was, as far as I know. 

Q. State whether prior to tbe year 1918 you ever called attention to any 
illegal voting or supposed illegal voting in this judicial division to any of the 
Federal authorities of this division ?—A. Yes ; I did. 

Q. State what occurred.—A. On March 12, 1918. I sent a communication in 
writing to District Attorney R. F. Roth, of Fairbanks, Alaska, calling his atten¬ 
tion that I had been informed that at the 1916 election for Delegate to Congress 
more or less illegal voting took place at Nenana, Alaska, and cited specitically 
that Florence E. Cramer and Rene Riggs had voted at the 1916 election afore¬ 
said illegally. I have a carbon copy of the letter now in my possession, and I 
haven’t seen the original since I sent it or delivered it to INIr. Roth in March, 
1918. 

Q. Is the paper that you now hold in your hand a true carbon copy of the 
original?—A. It is. 

]\Ii*. Stevens. Contestant offers in evidence said carbon copy of said letter 
and asks that the same be marked “ Contestant’s Exhibit G.” 

(Copy letter received and marked “Exhibit O.”) 

Q. (Jan you further identify the two ladies mentioned in this letter?—A. Yes; 
they were the wives of G. Fenton Cramer and Thomas Riggs, jr., now governor 
of Alaska. Gov. Riggs was a member of the Alaska engineering commission, 
and Cramer was his secretary, and I am informed that Cramer is now secre¬ 
tary to Gov. Riggs at Juneau, Alaska. 

Q. On what grounds were you informed that these persons were not legal 
voters?—A, On the grounds that they were not residents of Alaska for one year 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 309 


as required by law, they having come to Alaska in June, 1916, and voted at the 
election in November, 1916, 


(}. Hid jou communicate that fact to United States District Attoi'iiev IlotlU— 
A. I d(m’t remember. 

Q. State whether or not any prosecution ever occurred hv reason of either of 
these persons voting at said election?—A. No; there was not. 

Q. Was there ever an investigation of any kind had upon the part of any of 
the Federal otlicials concerning the same, so far as you know?—A. After'this 
communication A\as sent to INIr. Roth, Uon. Charles F. Runnell, district judge 
foi this fouith judicial division, Alaska, talked with me concerning the matter, 
and called my attention to certain section of the Session Laws of Alaska con¬ 
cerning the (pialihcations of women voters, hut notliing further was ever done 
in the matter so far as I know, 

Q. Did you ever call to the attention of the district attorney for this division 
any violation of tlie election law upon the part of certain persons voting illegally 
lit the delegate election in Alaska held Novemher 5, 1918?—A. I did. 

Q. (tO ahead and state what voters were referi't'd to or what illegal votes were 
involved and state all you did in the matter?—xV. xVhout March 26, 1919, I sent 
a. written communication to tin* grand jury, then in session at Fairbanks, 
Alaska, recpiesting that the gniiid jury investigate the alleged illegal voting of 
Durwood M. Docker, John E. Regues, II. B. Stenhuck, and E. D. Whittle, who 
were at the date of said election regular enlisted men in the United States 
xVrmy, having enlisted elsewhere than in Alaska. I have no copy of the com- 
niunication and, of course, I don’t have the original, and I do not know where 
it is; I was shortl.v afterwards informed that the grand jury would take no 
action in the matter and that it should come througii the district attorney’s 
office. I then went to the district attorney and asked him what steps were 
necessary for me to take to bring the matter properly before the grand jury 
for investigation. He iiiRirmed me that I must lodge a complaint with the dis¬ 
trict attorney, who would investigate, and if he found sufficient grounds for 
prosecution, the matter would l)e taken care of regularly. I then and there 
made verbal complaint and charged the men with illegal voting and requested 
the district attorney to prosecute them. He then and there stated that he would 
investigate the matter and let me know what action he would take. Mr. Roth, 
the district attorney, afterwards informed me that, in his opinion, none of the 
four men mentioned had voted illegally, and that therefore he could not prose¬ 
cute. Nothing further has been done in the matter so far as I know. 

(j. State the nature of ,vour acquaintance with these four soldiers above re¬ 
ferred to prior to Novem])er 5, 1918, and on that date, and thereafter.—A. I 
knew tiiem verj' well and had frequent conversations with them, particularly on 
political matters, we often discussed the candidates for Delegate. They knew 
I represented and supported .lames Wickersham, while they all supported 
Sulzer. 


(j. Did you have any conversation with any of these four soldiers on Novem¬ 
her 5, 1918, the day of election?—xV. I did. 

Q. State with whom you had such conversations, who were present, as near 
as you can rememl)er, where such conversation occurred, and the substance 
thereof, as near as you can.—xV. During the day of election, Novemher 5, I 
had occasion to frequently go to the telegraph ollice on husiiiess, when ahvays 
one or more of them were present. In the evening, shortly before the closing 
of the polls, I was in the telegraph office when Docker, Whittle, and Stenhuck 
were present. Docker stating to me, in the course of conversation, in substance 
that “ We will skin you in this election ; “ E-’verything on the coast is going 
2 to 1 for Sulzer.” One of them, I think Docker, offered to bet me that 
Sulzer would he elected. Some time during the day Docker also stated to me, 
saying, “ We won’t vote at this election; we know we have a perfect right to, 
but we don’t want to get mixed up in it.” I refused to bet, and Whittle then 
asked me if I knew of any Wickersham money; that he had .875 he wanted to 
get up very had. I informed him that I was returning to Republican head¬ 
quarters on Front Street, and if I heard of anyone there having any money to 
bet I would let them know. After leaving the telegraph office I went up to the 
city hall, where the polls were, and within a few minutes after my arrival 
Wliittle and Stenhuck came in to vote. I challenged their vote, and while 
taking the challenge oath Docker also came in to vote. I also challenged his 
vote. They all swore in their vote and were given ballots, and they voted. This 
was just prior to closing the polls, and Docker was the last man who voted at 
Fairbanks voting precinct at the Novemher 5, 1918, election. 


310 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you know whether or not this man Hocker made any bet or bets on the 
result of the Delegate election for Alaska of Novemher 5, 1918?—A. Yes; I do. 

Q. Please state the facts.—A. He made a bet of that Snlzer would be 
elected, and I held the stakes. 

Q. Did Hocker make this bet on Sulzer prior to the time that Mr. Hocker cast 
his vote on November 5, 1918?—A. Some weeks prior thereto. 

Q. Did the bet remain up until after the election?—A. Yes. 

Q. Do you know of any other bet having been made on Sulzer’s election by 
any of these four soldiers we are talking about, on election day or prioi 
thereto? If so, state the facts as far as you know.—A. Only by what they 
themselves told me at different times, offering to het me, and stating to me 
on the evening of election that they had a coi siderable sum of money up on 
Sulzer. 

i}. Who stated that, and who were present, as near as you remember?— 
A. I am unable to state what particular person was speaking or who was 
present, and this occurred practically every time I went to the telegraph office 
on election day and evening. I am satisfied, from conversations had with them 
on different occasions, that all of them had money bet on Sulzer. 

Q. Do you know whether John E. Pegues, one of said soldiers, did any cam¬ 
paign work for Charles A. Sulzer prior to November 5, 1918?—A. Yes. He was 
writing editorials for the Alaska Citizen on behalf of Sulzer’s candidacy and 
in opposition to Wickersham’s candidacy. 

Q. Did the Alaska Citizen support INIr. Sulzer’s candidacy prior to the Novem¬ 
ber, 1918, election?—A. Yes; they did. 

Q. Did that paper oppose the candidacy of James Wickersham?—A. Yes; 
it did. 

Q. Was the Daily Alaska Citizen, the paper you speak of. Democratic in 
politics in the Delegate campaign of 1918?—A. Yes; both the daily and 
weekly. 

Q. Had it been a Democratic paper for a long time prior thereto?—A. Yes; 
it had always l)een a Democratic paper. 

Q. Is that paper still known in this community as a Democratic paper?— 
A. It is. 

Q. About how long prior to the election of 1918, November 5, had INIr. 
Pegues been writing editorials for said Alaska Citizen?—A. He was connected 
with the paper and writing for it for several years, and writing editorials 
for at least six juonths prior to the November, 1918, election. 

Q. How do you know that this is a fact?—A. From his statements made 
to me at different times, that he was employed on the Citizen. 

Q. Mr. Kay, state whether or not that on and prior to the Delegate election 
of November 5, 1918, it was a common and notorious fact in Fairbanks, 
Alaska, that the Signal Corps boys stationed in Fairbanks were openly and 
actively supporting Charles A. Sulzer for delegate to Congress, and in oppo¬ 
sition to James Wickersham’s candidacy for such office?—A. Yes; it was 
a matter of general notoriety so far as these four soldiers were concerned, 
and the.v made no secret of it. 

Q. Did you have any conversation with INIr. Hocker after the election of 
November 5, 1918, conceridng IMr. Hocker’s vote at said election? If so. 
state when and where the conversation occurred, and the substance thereof?— 
A. I did. To the best of my recollection, during the past winter in the tele¬ 
graph office at P''airbanks INIr. Hocker, in substance, told me while discussing 
the soldier vote in Alaska: “Why didn’t they make tlie report of the elections 
committe under the 1910 contest public before the 1918 election? If I had 
known the soldier vote was thrown out I would not have voted.’’ He also 
said: “If I get into trouble over my vote some of these Federal officials had 
better take to the tall timber.” He also said that he voted on Roth’s advice. 

Q. Mr. Ray, after having received the telegram from Col. Lewis dated 
August 27, 1919, and heretofore introduced in evidence and marked “Con¬ 
testant’s Exhibit E,” did Col, Lewis send and did we receive his further 
ansnei* dated August 30, 1918, which I now hand you?—A. Yes; this telegram 
was received by Mr. Stevens in my presence on August 30, 1919. 

]Mr. Stevens. Contestant offers in evidence said telegram of August 30, 1919. 
and asks the same to he marked “Contestant’s Exhibit P.” 

(Telegram received and marked “Exhibit P.”) 

Q. At the time that the depositions of Durwood INI. Hocker and John E. 
Pegues were taken before you, as a notary public for Alaska, on or al)out Sep- 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 311 


teinber 5, 1919, whicli depositions were taken upon behalf of .Tames AVieker- 
shani, contestant, in this same election contest case, wherein T appeared on 
behalf of said contestant and John A. Clark appeared as attorney for George 
B. Grigsby, and wherein said witnesses, upon the advice of said Mr. (hark or 
on their own account, refused to answer many questions propounded by me, 
you may i)lease state whether or not there was any judge of any court of 
record or any judge of any court of general jurisdiction within the boundaries 
of the fourth judicial division of Alaska to whom contestant could apply to 
compel said witnesses to answer said questions or any of them.—A. There was 
not; Judge Charles E. Bunnell, the judge of the only court of record or general 
jurisdiction in this division, was at that time either in Valdez, Alaska, or on 
his way from Valdez to Seward, Alaska, to hold court in the third division. 

Henky T. Kay. 

Subscribed and sworn to before me at Fairbanks, Alaska, this Gth day of 
September, 1919. 

[seal.] Guy B. Erwin, 

Notarif Public for Alaska. 

My commission expires Marcli 13, 1921. 

United States of America, 

Territorif of Alaslm, Fourth Division, ss: 

I, Guy B. Erwin, a notary public in and for the Territory of Alaska, duly 
commissioned and sworn, do hereby certify that pursuant to the notice of 
taking deposition hereto attached, on this Gth day of September, 1919, per¬ 
sonally appeared before me Henry T. Kay, the witness therein named, who 
being first duly sworn on oath gave testimony in said matter, that the fore¬ 
going 11 pages of typewritten matter, inclusive of this page, contain a full, 
true, and correct transcript of the jiroceedings had before me in the election 
contest case of .Tames Wickersham, contestant, v. Charles A. Sulzer, contestee, 
and George B. Grigsby, contestee, now pending in the House of Kepresentatives 
of the United States, Sixty-sixth Congress, and of the whole thereof. I further 
certify that the exhibits hereto attached, lettered A, B, C, D, E, F, G, H, I, 
.T, Ia, Ij, M, N, O, and P, respectively, are the exhibits mentioned and referred 
to in the foregoing deposition and indorsed and marked by me for identifi¬ 
cation. 

AVitness my hand and notarial seal at Fairbanks, Alaska, this Gth day of 
September, 1919. 

[SEAL.] Guy B. 1]rwin, 

Notarif Public for Alaska. 

My commission expires March 13, 1921. 

Contestant’s Exhibit A. 


Lieut. Col. Lewis, 

Siffnat Officer, Fort Gibbon, Alaska. 


Fairbanks, Alaska, A'Uf/ust 25, 1919. 


Assuming j’ou are familiar with provisions House re.solution 105 passed by 
House Keiiresentatives .July 28 last relating to contest AATckersham against 
Sulzer and Grigsby for Delegate from Alaska, I respectfully request that all 
soldiers named in list described in said resolution be assembled at Fairbanks 
to testify on behalf AATckersham in said case except those who are to be assem¬ 
bled at Sitka or A'aldez. Please fix time and advise me promptly. September G 
is our last day. Depositions should be completed before. AA^ould suggest Sep¬ 
tember 2 and following days for said 'depositions. 

.Tames AATckersham. 

By AIorton E. Stevens, 

His Attorti'C}/. 


Contestant’s Exhibit B, 


l^ORT Gibbon, Alaska, August 26, 1919. 

^Morton E, Stevens, Fairbanks: 

Not familiar with House Kesolution 105. No cojiy here. Ke(piest names of 
men mentioned in list and what is authority for sending them Tkiirbanks. 
Taking men away would cripple system. 


I^EWIS. 


312 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 
Contestant’s Exhibit C. 


Fairbanks, Alaska, August 27, 1919. 

LieTit. Col. Lewis, 

Higuul Officer, Fort GibJwn, Alasha: 

House Resolution 105 provides, among- other things: 

“ (0) That the Secretary of War he, and he is hereby, I'eqiiested to order hy 
telegraph iininediately on iiassage of this resolution that the 40 soldiers named 
and whose Army status is descrilied in the certilied list, dated June 11, 1919, 
signed hy tlie War Department officials, and which list is attached to the ap- 
plication of contestant for the pasage of this resolution, he assembled at Hie 
office of the commanding oiticer of the United States military cable and tele¬ 
graph in the towns of Ahildez, Sitka, and Fairbanks, Alaska, within the 40 
days’ ueriod for taking testimony by the contestant, then to he examined under 
oath hy contestant or his attorney or agent, touching the matters and things 
alleged in the notice and statement of contest on file in this House, and in this 
cause. 

“ (10) The testimony of all witnesses shall be reduced to writing, signed by 
the witness, vertitied, and i-eturned to the Clerk of the House of Heiiresenta- 
tives for use in these causes in the manner provided in the laws of the United 
States' relating to contested elections as modified by this resolution.” 

The names of persons contained in list referred to in said resolution 105 are 
Charles A. Agnetti, V/illiam T. Barr, Ike A. Beal, Edward E. Beattie, James W. 
Boon, James M. Campbell, Howard G. (Rifton, Harvey B. Conover, Ralph N. 
Cummins, William .1. Cuthbert, Herman Demerce, James A. Ellison, Rudolph 
Elnupiist, jMax H. Faust (captain), Thomas F. Griffith, Guy B. Hawley, Dur- 
wood M. Hocker, Alex A. Kott, Leo Kraft, Emil Lains, James P. Lake, Dr. W. 
E. Leonard, Phil F. IMcQuillan, Horace R. IMorgan, James W. McConnell, 
liichard H. L. Noaks, Charles R. (Idle, John E. Pegues, William R. Rogers, 
Robert L. Scearce, Louis G. Selk, Harry Shutts, Burr M. Snyder, Herman B. 
Stenbuck, Clement C. Stroupe, Donald H. Tyer, Harlan Van Wyck, Howard G. 
Wescott, Elmer D. Whittle, Horace W. Whitman. 

I have delivered to (►fficer in charge Fairbanks office resolution 105 and Con¬ 
gressional Itecords relating thereto, being afraid too late to mail same to you. 

James Wickersham, 

By Morton E. Stevens, 

His Attorney. 


Contestant’s Exhibit D. ^ 

Fairbanks, August 27, 1919. 

To J. E. McLouth, 

4/. S'. E., Officer in Charge United States Signal Corps, 

Fairbanks, Alaska. 

Sir : I inclose you herein House resolution 105, passed by the House of 
Representatives July 28, 1919, which provides, among other things, as follows: 

” (9) That the Secretary of War be, and he is hereby, requested to order 
by telegraph immediately on the passage of this resolution that the 40 soldiers 
named and whose Army status is described in the certified list, dated .Tune 11, 
1919, signed by the War Deiiartment ofliciais, and which list is attached to 
the application of contestant for the passage of this resolution, he assembled 
at the office of the commanding officer of the United States military cable and 
telegraph in the towns of Valdez, Sitka, and Fairbanks, Alaska, within the 
40 days’ period for taking testimony by the contestant, then to be examined 
under oath by contestant or his attorney or agent, touching he matters and 
things alleged in the notice and statement of contest on file in this House, and 
in this cause. 

“ (10) The testimony of all witnesses shall be reduced to writing, signed by 
the witness, verified, and returned to the Clerk of the House of Representatives 
for use in these causes in the manner provided in the laws of the United States 
relating to contested elections as modified by this resolution.” 

I also inclose you herein Congressional Record containing hearings before 
Committee on Elections No. 3 in the contested-election case of Wickersham v. 
Sulzer, and particularly relating to House resolution 105, held July 11 to 22, 
inclusive, 1919. I call your attention to the fact that the list of names con- 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 313 ^ 


tained on page 8 of said hearing 
105. 


is the same list referred to in said resolution 


Page 7 of said hearing contains the certificates of the War Department offi¬ 
cials concerning said list of names. 

The object of delivering these docnments to yon at this time is’ to aid the 
department in carrying ont the requirements of this resolution promptly. I 
therefore respectfully request that you advise, by wire, the proper authorities 
that I have delivered the same to you for said purpose. 

The commanding officer at Fort Gibbon has requested from me, and has been 
furnished, by wire, this list, together with quotations as above from said 
resolution, he having advised me by wire of this date that he is not familiar 
with said resolution, and I have this day wired him that I have delivered to 
you these documents. I would be pleased if you advise the commanding officer 
at Fort Gibbon, or other proper authority, of the receipt by you of these 
documents. 

Respectfully, 


Rerved August 27, 1919. 


.Tames Wtckersham. 

Ry IMorton R. Stevens, 

His Attorney. 


Contestant’s Exhibit E. 

Fort Gibbon, Alaska, 

Anyust 21, 1019. 

^roRT;>N E. Stevens, FnirJ)n)iks, Ataslxo: 

Of 10 men named on this section five are at Nulato, one at Nome, and four 
here. First six can not possibly arrive Fairbanks by 6th September. No orders 
received here to my knowledge by Secretary of War. Orders from higher au¬ 
thority than this post necessary to send them. I can not. 

Lewis. 

Contestant’s Exhibit F. 

Fairbanks, AlasFa, September 1, 1919. 

Col. Lewis, 

Siffnal officer, Fort Gibbon, Alaska: 

Will you kindly assemble Beattie, Rarr, Campbell, and Selk to appear before 
,T. C. Denn, notary public at Tanana, September 6, 10 o’clock forenoon, to 
testify election contest case. Also assemble McConnell, Lake, Stroupe, Wescott, 
and Boon to appear before Frank Lyons, postmaster at Nulato, September 6, 
10 o’clock forenoon, to testify in same case. Service of required notice for both 
places accepted b.v Clarke, attorney for Grigsby here. September 6 our last 
da.v. Please answer. 

.Tames Wickershaim, 

Contestant, 

Ry Morton E. Stevens, 

His Attorney. 

Contestant’s Exhibit G. 

Fairbanks, Alaska, September 1, 1919. 

J. C. Deiin, 

Xotary Public, Tanana, Alaska: 

Please take depositions of William T. Barr, Edward E. Beattie, .Tames M. 
Campbell, and Louis G. Selk, soldiers stationed at Fort Gibbon, at your office 
on September 6, at 10 o’clock forenoon. Use following form for each man: 

“ Election contest, .Tames Wickersham, contestant, against Charles A. Sulzer, 
contestee, and George B. Grigsby, contestee. Sixty-sixth Congress. Pursuant 
to notice the testimony of (here insert name of witness) was taken before me, 
J. C. Dehn, a notary public in and for Alaska, at my office in the town of 
Tanana, Alaska, at 10 o’clock forenoon, September 6, 1919, said witness being 
first dul.v sworn testified as follows: 

Direct interrogatories; 

“1. State .vour name, age, and occupation. 

“2. AVere you a .soldier in the Ignited States Army November 5, 1918? 




314 WICKERSHAM VS. SULZER, DECEASED, GRIGSBY. 

“3. AVhen and where did yon enlist prior to last-named date? 

“4. Was you a resident of Alaska when you so enlisted? 

“5. Did you vote at the election Novemher 5, 1918 for Delejjate to C<»n.a,Tess? 

“ 6. Wh^re did you vote? 

“ 7. Did you vote for Charles A. Sulzer for Delej^ate to Congress from Alaska? 

“ (Contestee objects to seventh questiop and instructs witness that he can 
not he required to disclose name of candidate voted for unless he wants to.) 

“ Cross interrogatories by John A. Clark, attorney for Grigsby: 

“ 1. How long had you resided in the precinct in which you voted before 
Novemher 5, 1918? 

“2. How long had you resided in Alaska before Novemher 5, 1918? 

“ (Signature of witness.) 

“ Subscribed and sworn to before me this (3th day of SejiD'Hiher, 1919. 

“J. C. Dkiin, 

*'Xotor}j Public in and for Alai^ka. 

“ ]My commission expires (give date, and attach seal).” 

Ask witnesses each question and write nnswer in form, when all have testi¬ 
fied and forms properly completed, attach all papers together and make one 
certificate as follows: 

“I do hereby certify that the foregoing (here give number of i)ages) pages 
constitute a full, true, and correct trnnscript of the proceedings had before me 
on Saturday, September 6, 1919, at Tanana, Alaska, in the contested election 
case in the House of Representatives of the United States, Sixty-sixth Congress, 
first session, James Wickersham contestant, against Charles A. Sulzer, con¬ 
testee, and George G. Grigsby, contestee, and of the whole thereof. 

“.T. C. Dehn, 

“ Notary Public in and for Alas7:a. 

“ IMy commission expires-. 

“ [SEAL.] ” 

Attach your certificate to other papers, place all in envelope, address to 
Clerk of House of Representatives, Washington, D. C., indorse across end of 
envelope “ Depositions for contestant. Election contest Wickersham r. Sulzer 
and Grigsby.” Send by registered mail. Required notice has been served and 
accepted by Grigsl)y’s attorney here. Please acknowledge receipt of this by 
wire, also state if you fully understand. Advise me of your charges which 
will be sent you forthwith. 

.Tames WicKERSiiA:\r, 

Cont actant. 

By Morton E. Si evens, 

JTifi Attorney. 


Contestant’s Exhibit H. 

Fairbanks, Alaska. September 1. 1919. 

P^'rank Lyons, 

Pof^tma.^ter, Nulato, Alaska: 

Please tnke depositions of James W. Boon, James P. Lake, .Tames W. Mc¬ 
Connell. Clement C. Stroups, and Howard G. Westcott at your office on Sep¬ 
tember 6, at 10 o’clock forenoon. Use following form for each man: 

“ Election contest, James Wickersham, contestant, against Charles A. Sulzer, 
contestee, and George B. Grigsby, contestee. Sixty-sixth Congress. Pursuant 
to notice the testimony of (here enter name of witness) was taken before me, 
Frank Lyons, postmaster, at my office at Nulato, Alaska, at 10 o’clock forenoon’ 
September 6, 1919, said witness being first duly sworn, testified as follows: 

“ Direct interrogatories. 

“ 1. State your name, age, and occupation. 

“2. Were you a soldier in the United States Army Novemher .I, 1918? 

“8. When and where did you enlist prior to last-named date? 

“4. Were you a resident of Alaska when you so enlisted? 

“5. Did you vote at election Novemher o, 1918, for Delegate to Congress? 
“6. Where did you vote? 

“7. Did you vote for Charles A. Sulzer for Delegate to Congress from 
Alaska? 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 315 


“(Contestee objects to seventh question and instructs witness that he can 
not be required to disclose name of candidate voted for unless he wants to.) 

“ Cross-interrofjatories by John A. Clark, attorney for Grigsby: 

“1. How long* have you resided in the precinct in which you voted before 
November .5, 1918?.<> at 

“2, How long had yo\i resided in Alaska before November 5, 1918? 

“(Signature of witness.) 

“ Subscribed and sworn to before me this Gth day of September, 1919. 

“ Frank Lyons, 

“ Postmaster, Nulato, AlaskaP 

Swear each witness that he will tell truth; then ask each question and write 
answer in the form. When completed have witness sign and swear, and you 
sign jurat. When all witnesses are examined attach all papers together and 
make one certificate as follows: 

“ I do hereby certify that the foregoing (here give number of pages) pages 
constitute a full, true, and .correct transcript of the proceedings had before 
me on Saturday, September 6, 1919, at Nulato, Alaska, in the contested-election 
case in the House of Representatives of the United States, Sixty-sixth Con¬ 
gress, first session, James Wickersham, contestant, against Charles A. Sulzer, 
contestee, and George B. Grigsby, contestee, and of the whole thereof. 

“ Prank LYONr;, 

‘‘Postmaster at Nulato, Alaska.” 

After signing certificate attach same to other papers, place all in envelope, and 
address to Clerk of the House of Representatives, Washington, D. C. Indorse 
across end of envelope “ Depositions for contestant. Election contest, Wicker¬ 
sham V. Sulzer and Grigsby.” Send by registered mail. Advise me of your 
charges which will be sent you forthwith. 

Please acknowledge by wire receipt of this; also state if you do not fully 
understand. 

Required notice served and accepted by Gilgsby’s attorney here. 

James Wickersham, 

Contestant. 

By Morton E. Stevens, 

His Attorney. 

Contestant’s Exhibit I. 

Tanana, September 2, 1919. 

Morton E. Stevens, Fairbanks: 

Telegram rece-ived and understood. Would it be possible take deposition 
of William T. Barr before Saturday? He is scheduled go out on steamer 
Yukon. Wire instructions. 

.1. C. Dehn. 

Contestant’s Exhibit ,1. 

Fairbanks, Alaska, September 2, 1919 

.1. C. Dehn. Tanana, Alaska: 

No objection to your taking Barr’s deposition before Saturday. Attach 
this telegram to your certificate as authority. Mail two copies of all deposi¬ 
tions to IMorton E. Stevens; include charge in your bill. 

James Wickersham, 

By Morton E. Stevens, 

His Attorney. 

John A. Clark, 

Attorney for Georye Griysby. 

Contestant’s Exhibit K. 

Nulato, Alaska. September S. 1919. 

:Morton E. Stevens, Fairbanks: 

Your messages 2d received and noted. Will comply as requested. 

Frank Lyons. 


316 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Contestant’s Exhibit L. 

Faikbanks, Alaska, September .'t, 1910. 

Col. Lewis, 

Signal Officer, Fort Gibbon, Alaska: 

Please advise me what action taken reference assembling men as requested 
by my wire September 1 to testify in Wickersham-Sulzer election contest case. 

James Wickersham, 

By Morton E. Stevens, 

His Attorney. 

Contestant’s Exhibit M. 

Fort Gibbon, Alaska, September 5, 1919. 

Morton E, Stevens, Fairbanks: 

Men at Gibbon and Nulato will l)e assembled on Gtli as you request. Orders 
already given, 

Lewis. 


Contestant’s Exhibit N. 

Fairbanks, Alaska, Septonber //, 1919. 

A, J. Griffin, 

Notary Public, Richardson, Alaska: 

Please take deposition Herman B. Stenbuck, election contest case, on 
September 6. Will send form and instructions by Friday’s mail. 

Henry T. Kay. 

Contestant’s Exhibit O. 

Fairbanks, Alaska, March 12, 1918. 

K. F, Roth, Esq., 

United States District Attorney, Fairbanks, Alaska: 

Sir : Ever since the general election of November 7, 1910, the report has 
been current that more or less illegal voting took place at Nenana at the 
election stated, such illegal votes having been cast more especially by per¬ 
sons who were disqualified by reason of not having resided in the Territory 
of Alaska for one year next preceding the election. 

These alleged violations of the election law may be in a great measure charge¬ 
able to the laxness of the election officers under whose supervision the election 
was held in Nenana, and, if so, they ought to be held to account as an 
example for future election boards, as well as a warning to the public that 
the law may not be violated with impunity. 

As specific instances, it is common knowledge, which may be verified by 
examining the election register of Nenana precinct, that Florence E. Cramer 
and Renie Riggs voted at the 1916 election when, it is alleged, neither had 
been a resident of Alaska for a sufficient length of time to bring them within 
the requirements of the law. However this may be, an investigation by 
your office and the grand .1ury would, no doubt, bring the true facts to light. 

The object of bringing this matter to your attention is not to punish any 
particular person, but that the right to the free and lawful exercise of the 
franchise may be protected and preserved for those who are entitled to the 
same under the law. 

Respectfully, Henry T. Ray. 

Contestant’s Exhibit P. 

Fort Gibbon, Alaska, August 30, 1919. 
Morton E. Stevens, Fairbanks, Alaska: 

Am directed to send 10 men of this section to Fairbanks if will not disrupt 
the telegraphic service. Four men, Beattie. Barr, Campbell, and Selk, here; 
five men, McConnell, Lake, Stroupe, Wescott, and H. G. Boon at Nulato; one 
man, Kraft, at Nome. What is latest date men can give testimony at Fair¬ 
banks. First boat from here to Fairbanks is September 3, and lifraid will 
not reach Fairbanks by 6th. Impossible to get men from Nulato and Nome to 
Fairbanks in time. Taking five men from Nulato would cause us close station. 
Suggest you make ari*angements to take evidence at Nulato and Nome if 
possible. 


Lewis. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 317 


To Chariot .1. Sulzer vontcstev, George U. 
Clark, his agent (uul atiorneg: 


Grigsi)}!, confestce, and to John A. 


^011 aip lit^roby notified that the (le])osition of Herman R. Stenbnek, at present 
stationed at AIcCarty, Alaska, will be taken before A. .1. Grittin, a notary pub¬ 
lic in and for Alaska, at his office at Richardson, Alaska, on the 6th day of Sep¬ 
tember, 1019, at the hour of 10 o’clock a. m. of said day, then and there to be 
examined and to testify on oath respecting the said contested election and the 
issues in said contest, to be read in evidence in the above entitled proceeding, 
on behalf of said James Wickersham, contestant. 

\ou are requested to have your attorney or agent present at said examination 
to cross-examine said witness. 

Hated this 30th day of August, 1919, at Fairbanks, Alaska. 


James Wickersham, 

Contestant. 

By Morton E. Stevens, 

His Attorney. 

Due service of the foregoing notice, together with a copy thereof, is hereby 
acknowledged this 30th day of August, 1919, at Fairbanks, Alaska. 


John A. Clark, 
Attorney for Contestees. 


DEPOSITION OF HERMAN B. STENBUCK. 

Now, on this 6th day of September, 1919, pursuant to notice hereto attachea. 
the deposition of Herman B. Stenbuck was taken before me, A. J. Griffin, a 
notary public in and for Alaska, at my office at Richardson, Alaska, at the hour 
of 10 o’clock a, m. The said Herman B. Stenbuck being first duly sworn, on 
oath testitiqd as follows: 

Direct examination: 

Q. State your name, age, and occupation.—A. Herman B. Stenbuck ; 27 years . 
telegraph operator; Signal Corps. 

(}, Were you a soldier in the United States Army November 5, 1918?—A. Yes. 
' Q. When and where did you enlist prior to November 5, 1918?—A. In Chi¬ 
cago, November 1, 1915. 

Q. Was you a resident of Alaska when you so enlisted?—A. No. 

Q. Did you vote at the election on November 5, 1918, for Delegate to Congress 
from Alaska?—A. Yes. 

Q. Where did you vote?—A. In Fairbanks, Alaska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from Alaska 
at said election?—A. I refuse to answer that question. 

Cross-examination of Herman B. Stenlmck. 

Q. How long had you resided in Alaska prior to November 5, 1918?—A. 
About two years and six months. 

Q. How long had you resided in the precinct where you voted prior to said 
date?—A. About one year. 

Q. How old were you when you enlisted in the United States Army?—A. 
Twenty-three years old. 

Had you ever voted before you enlisted in the Army?—A. No. 

Q. Did you have a voting residence at any place in the United States out¬ 
side of the Territory of Alaska at the time of your enlistment?—A. No. 

Q. What was your purpose in coming to Alaska?—A. To better my condition 
from a financial standpoint. 

Q. Was it your intention to remain in Alaska when your enlistment ex¬ 
pired?—A. Yes. 

Q. Were you desirous of securing a position as telegraph operator with the 
Alaska Railroad when it was completed?—A. Yes; if it didn’t take too long 
to complete it. 

Q. When you came to Alaska did you intend to make Alaska your home?— 
A. Yes. 

Herman B, Stenbuck, 

Subscribed and sworn to before me this 6th day of September, 1919. 

[SEAL.] A. J. Griffin. 

Notary Public in and for the Territory of Alaska, 

residing at Richardson, Alaska. 


IMy commission expires March 28, 1920. 


318 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


CAUTION TO WITNESS. 

Counsel for Coiitestee Grigsby objects to tlie (iiiestioii wliereiii the witness 
is asked to tell for whom he voted for Delegate at the general election held in 
Alaska on November 5, 1918, for the reason that sai<l witness is not required 
to answer said question and can not be required to disclose the name of any 
candidate for whom he voted at said election unless he so desires. 

United States of Amekica, 

Territory of Alaska, ss: 

I, A. .1. Griffin, a notary public in and for Alaska, duly commissioned and 
qualitied, do hereby certify that the foregoing two pages constitute a full, true, 
and correct transcript of the proceedings had before me on Saturady, the Gth 
day of September, 1919, at my office at Richardson, Alaska, in the contested- 
election case in the House of Representatives of the United States, Sixty-sixth 
Congress, tirst session, .Tames Wickersham, contestant, v. Charle A. Sulzer, 
contestee, and George B. Grigsby, contestee, and of the whole thereof. 

In witness whereof I have hereunto set my hand and notarial seal this Gth 
day of September, 1919. 

[seal.] A. .1. Griffin, 

Notary Public in and for Alaska. 

My commission expires March 28, 1920. 

Fairbanks, Alaska, September 12, 1919. 

Frank Lyons, 

Postmaster, Nulato: 

Please take depositions of James \V. Boon, James P. Lake, James W. McCon¬ 
nell, Clement C. Stroupe, and Howard G. Westcott at your office on September 
6 at 10 o’clock forenoon. Use following form for each man: 

Election contest Janies Wickersham, contestant, v. Charles A. Sulzer, con- 
testee, and George B. Grigsby, contestee, Sixty-sixth Congress. Pursuant to 
notice the testimony of (here enter name of witness) was taken before me, 
Frank Lyons, ]iostmastei’, at my office at Nulato, Alaska, at 10 o’clock fore¬ 
noon, September G, 1919. Said witness being first duly sworn, testified as 
follows: 

Direct interrogatories: 

1. State your name, age, and occupation. 

2. Were you a soldier in the United States Army November 5, 1918? 

3. When and where did you enlist prior to last-named date? 

4. Was you a resident of Alaska when you so enlisted? 

5. Did you vote at election November 5, 1918, for Delegate to Congress? 

6. Where did you vote? 

7. Did you vote for Charles A. Sulzer for Delegate to Congress from Alaska? 
Contestee objects to seventh question and instructs witness that he can not be 
required to disclose name of candidate voted for unless he wants to. 

Cross-interrogatories by John A. Clark, attorney for Grigsby : 

1. How long had you resided in the precinct in which you voted before 
November 5, 1918? 

2. How long had you resided in Alaska before November 5, 1918? 

(Signature of witness.) 

Subscribed and sworn to before me this Gth day of September, 1919. Frank 
Lyons, postmaster, Nulato, Alaska. 

Swear each witness that he will tell truth; then ask each question and write- 
his answer in the form; when completed, have witness sign and swear, and you 
sign jurat when all witnesses examined; attach all papers together, and make 
one certificate, as follows: 

“I do hereby certify that the foregoing (here give number of pages) pages 
constitute a full, true, and correct transcript of the proceedings had before me 
on Saturday, September 6, 1919. at Nulato, Alaska, in the contested-election 
case in the House of Representatives of the LTnited States, Sixty-sixth Con¬ 
gress, first session ; James Wickersham, contestant, v. Charles A. Sulzer, con¬ 
testee, and George B. Grigsby, contestee, and of the whole thereof. Frank 
Lyons, postmaster at Nulato, Alaska.” 

After signing certificate attach same to other papers, place all in envelope, 
address to Clerk of House of Representatives, Washington, D. C., indorse 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 319 


across end of envelope: “ Depositions for contested-election contest, Wicker- 
sliain V. Snlzer and Grigsby.” Send by registered mail; advise me of your 
charges, which will be sent you forthwith. ' 

Election contest James Wickersham, contestant, against Oharles A. Sulzer, 
contestee, and George B. Grigsby, contestee. Sixty-sixth Congress, pursuant 
to notice the testimony of James AV. Boon was taken before me, Frank I^yons, 
postmaster, at my oltice at Nulato,‘Alaska, at 9 o’clock forenoon September 6, 
1919, said witness, being duly sworn, testified as follows: 

DEPOSITION OF JAMES W. BOON. 

Direct interrogatories: 

Q. State your name, age, and occupation.—A. James W. Boon; 34; soldier. 

Q. Were you a soldier in the United States Arnfy November 5, 1918?—A. Yes. 

When and where did you enlist prior to last-named date?—A. Jackson 
Barracks, New Orleans, La. 

AVere you a resident of Alaska when you so reeenlisted?—A. Yes; re¬ 
enlisted St. Alichael November, 1916. 

Q. Did you vote at election November 5, 1918, for Delegate to Congress?—A. 
Yes. 

(). AA’here did you vote?—A. Nulato. 

(^. Did you vote for Charles A. Sulzer for Delegate to Congress from 
Alaska?—A. Yes. 

Contestee objects to question and instructs witness that he can not be 
required to disclose name of candidate voted for unless he wants to. 

Cross-interrogatories by John A. Clark, attorney for George B. Grigsby: 

Q. How long had you resided in the precinct in which you voted before 
November 5, 1918?—A. Three months. 

Q. How long had you resided in Alaska before November 5, 1918?—A. Five 
years. 

James AV. Boon. 

Subscribed and sworn to before me this 5th day of September, 1919. 

Frank Lyons, 

Postmaster, Nulato, Alaska. 

% 

I do hereby certify that the foregoing one page constituted a full, true, and 
correct transcript of the proceedings had before me on Saturday, September 6, 
1919, at Nulato, Alaska, in the contest election case in the House of Repre¬ 
sentatives of the United States, Sixty-sixth Congress, first session, James AVick- 
ersham, contestant, against Charles A. Sulzer, contestee, and George B. Grigsby, 
contestee, and of the whole thereof. 

Frank Lyons, 

Postjnaster at Nulato, Alaska. 

Election contest James AAlckersham, contestant, against Charles A. Sulzer, 
contestee, and George B. Grigsby, contestee. Sixty-sixth Congress, pursuant 
to notice the testimony of James Lake was taken before me, Frank Lyons, 

postmaster, at my office at Nulato, Alaska, at — o’clock-noon, September 6, 

1919, said witness, being duly sworn, testified as follows: 

deposition of JAMES P. LAKE. 

Direct interrogatories: 

Q. State your name, age. and occupation.—A. Janies P. I^ake; 34 years; 
soldier. 

Q. AA’ere you a soldier in the United States Army November 5, 1918?—A. Yes. 

Q. AA'hen and where did you enlist prior to last-named date?—A. Jefferson 
Barracks, Mo., August 11, 1913. 

Q. AA'ere you a resident of Alaska when you so enlisted?—A. No. 

Q. Did you vote at election November 5, 1918, for Delegate to Congress?—A. 
Yes. 

Q. AVhere did you vote?—A. Nulato, Alaska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from 
Alaska?—A. Yes. 



820 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Coiitestee objects to question and instructs witness that he can not be 
required to disclose name of candidate voted for unless he wants to. 

Cross interrogatories by John A, Clakk, attorney for George B. Grigsl)y; 

Q. How long liad you resided in the precinct in which you voted before 
Novenfber 5, 1918?—A. Three years five months. 

(}, How long had you resided in Alaska before November 5, 1918?—A. Four 
years three months. 

James P. Lake. 

Subscribed and sworn to before me this 5th day of September, 1919: 

Fkank Lyons, 
Postmaster, Nulato, Alaska. 

I do hereby certify that the foregoing one page constituted a full, true, and 
correct transcript of the proceedings had before me on Saturday, September 6, 
1919, at Nulato, Alaska, in the contest election case in the House of Repre¬ 
sentatives of the L''^nited States, Sixty-sixth Congress, first session, James 
Wickersham, contestant, against Charles A. Sulzer, contestee, and George B. 
Grigsby, contestee, and of the whole thereof. 

Fkank Lyons, 

, Postmaster at Nulato, Alaska. 

Election contest, James Wickersham, contestant, against Charles A. Sulzer, 
contestee, and George B. Grigsby, contestee. Sixty-sixth Congress; pursuant to 
notice the testimony of James W. McConnell was taken before me, Frqnk 

Lyons, postmaster, at my office at Nulato, Alaska, at — o’clock - noon, 

September 6, 1919; said witness being duly sworn, testified as follows: 

DEPOSITION OF JAMES W. M’CONNELL. 

Direct interrogatories: 

Q. State your name, age, and occupation.—A. James W. McConnell; 35 
years. Soldier. 

Q. Were you a soldier in the United States Army November 5, 1918?— 

A. Yes. 

Q. When and where did you enlist prior to last-named date?—A. June 16, 
191(8. Zanesville, Ohio. 

Q. Were you a resident of Alaska when you so enlisted ?^—A. No, sir. 

Q. Did you vote at election November 5, 1918, for Delegate to Congress?—A. 
No, sir. 

Q. Where did you vote?—A. Barnesville, Ohio. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from 
Alaska?—A. No. 

Contestee objects to question and instructs witness that he can not be 
required to disclose name of candidate voted for unless he wants to. 

Cross interrogatories by John A. Clark, attorney for George B. Grisgby: 

Q. How long had you resided in the precinct in which you voted before 
November 5, 1918?—A. Three months. 

Q. How long had you resided in Alaska before November 5, 1918?'—A. Three 
months. 

James W. McConnell. 

Subscril)ed and sworn to before me this 5th day of September, 1919. 

Frank Lyons, 
Postmaster, Nulato, Alaska. 

I do hereby certify that the foregoing one page constituted a full, true, 
and correct transcript of the proceedings had before me on Saturday, Sep¬ 
tember, 6, 1919, at Nulato, Alaska, in the contest election case in the House 
of Representatives of the United States, Sixty-sixth Congress, first session, 
James Wickersham, contestant, against Charles A. Sulzer, contestee, and George 

B. Grigsby, contestee, and of the whole thereof. 

Frank Lyons, 

Postmaster at Nulato, Alaska. 

Election contest, James Wickersham, contestant, against Charles A. Sulzer, 
contestee, and George B. Grigsby, contestee. Sixty-sixth Congress; pursuant 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 321 


to notice tlie testimony of Clement C. Stroiipe was taken before me, Frank 
Lyons, postmaster, at my office at Niilato, Alaska, at 10 o’clock forenoon, 
September 0, 1919; said witness being duly sworn, testified as follows: 

DEPOSITION OF CLEMENT C. STROUPE. 

Direct interrogatories: 

Q. State your name, age, and occupation,—A. Clement C. Stroiipe. Age 
28. Soldier, radio operator, 

(). ^^’ere yon a soldier in the United States Army November 5, 1918?—A. 
Yes. 

i}. When and where did you enlist prior to last-named date?—A. San Fran¬ 
cisco, Calif., August 2, 1913. 

(J. Were you a resident of Alaska when you so enlisted?—A. No. 

(}. Did you vote at election November 5, 1918, for Delegate to Congress?— 
A. Yes. 

(}. Where did you vote?—A. Nulato, A’rska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from 
Alaska?—A. No. 

Contestee objects to (piestion, and instructs witness that be can not be 
required to disclose name of camlidate voted for unless be wants to. 

Cross interrogatories by John A. Clark, attorney for George B. Grigsby : 

{}. How long bad you resided in the precinct in which you votecl before 
November 5, 1918?—A, Four years, 

Q. How long bad you resided in Alaska before November 5. 1918?—A. 
Four years. 

Clement C. Stroiipe, 
(/nature of 

Subs(*ribed and swoi-n to before me this 5tb day of September, 1919. 

Frank T.yons, 
rostma^ter, Nulato, Alaska. 

I do hereby certify that the foregoing one- page constitutes a full, true, 
and cori-ect transcript of the proceedings had before me on Saturday, Septem¬ 
ber 0, 1919, at Nulato, Alaska, in the contest election case in the House of 
Kei)re.sentatives of the L’nited States, Sixty-sixth Congress, first session, James 
Wi<*kersbam, contestant, against Charles A. Sulzer, contestee, and George B. 
Grigsby, contestee, and of the whole thereof. 

Frank Lyons, 
Postmaster at Nulato. 

Election contest, James Wickersham, contestant, against Charles A. Sulzer, 
contestee, and George B. Grigsby, contestee, Sixty-sixth Congress. Pursuant to 
notice, the testimony of Howard G, Wescott was taken before me, Frank 
Lyons, postmaster, at my office at Nulato, Alaska, at 10 o’clock, forenoon, Sep¬ 
tember 0, 1919; said witness, being duly sworn, testifies as follows: 

DEPOSITION OF HOWARD G. WESCOTT. 

Direct interrogatories: 

i}. State your name, age, and occupation.—A. Howard G. Wescott; 30 years; 
soldier. 

Q. Were you a soldier in the United States Army November 5, 1918?—A. Yes. 

Q. When and where did you enlist prior to last-named date?—A. February 20, 
1914; San Francisco, Calif. 

Q. Were you a resident of Alaska when you so enlisted?—A. No. 

Q. Did you vote at election November 5, 1918, for Delegate to Congress?— 
A. Yes. 

Q. Where did you vote?—A. Nulato, Alaska. 

Q. Did you vote for Charles A. Sulzer for Delegate to Congress from 
Alaska? 

Contestee objects to question and instructs witness that he can not be re¬ 
quired to disclose name of candidate voted for unless he wants to. 

1.51279—20-21 



322 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


(^ross-iiiterrogatories by John A. Clakk, attorney for George B. Grigsby: 

How long bad you resided in the precinct in which you voted before 
Noveuil)er 5, 1918?—A. Two years eight months. 

How long had you resided in Alaska before November 5, 1918?—A. Three 
years 10 months. 

Howaed G. Wescott, 
Signature of Witness. 

Subscril)ed and sworn to before me this 5th day of September, 1919. 

Frank Lyons, 
Postmaster, Nulato, Alaska. 

I do hereby certify that the foregoing one page constitutes a full, true, and 
correct transcript of the proceedings had before me on Saturday, September 6, 
1919, at Nulato, Alaska, in the contest-election case in the House of Repre¬ 
sentatives of the United States, Sixty-sixth Congress, first session, James 
Wickersham, contestant, against Charles A. Sulzer, contestee, and George B. 
Grigsby, contestee, and of the whole thereof. 

Frank Lyons, 
Postmaster at Nulato. 


' Exhibit A. 

Duplicate primary election register and tally book for Valdez voting precinct 
or precinct No. —, Valdez recording district or town of Valdez—Division No. 
3, Territory of Alaska, April 30, 1918. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, the undersigned clerk of the District Court for the Territory of Alaska, 
Third Division, do hereby certify that the attached is a full, true, and correct 
copy of the original “ Duplicate Primary Election Register and Tally Book ” 
for Valdez voting precinct for the primary election held April 30, 1918, in so 
far as the same relates to the election of a Delegate to Congress from Alaska, 
as the same appears on file and of record in my office. 

In testimonj^ whereof, I have subscribed my name and affixed the seal of the 
said court at Valdez, Alaska, this 22d day of August, 1919. 

[SEAL.] Arthur Lang, Clerk. 

United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, W. S. Frazer, do solemnly swear that I am a qualified elector residing 

in the-voting precinct, or precinct No.-of Valdez recording district; 

that I will support the Constitution of the United States; and that I will hon¬ 
estly, faithfully, and promptly perform the duties of judge of election in and for 
said precinct and district. So help me God. 

[seal.] W. S. Frazer, Election Judge. 

Subscribed and sworn to before me this 30th day of April, 1918. 

[SEAL.] Anthony J. Dimond, 

Notary Public for Alaska. 

My commission expires February 13, 1921. 

United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, James McHie, do solemnly swear that I am a qualified elector residing 

in the Valdez recording district voting precinct, or precinct No. -—- of - 

recording district; that I will support the Constitution of the United States; 
and that I will honestly, faithfully, and promptly perform the duties of judge 
of election in and for said precinct and district. So help me God. 

James McHie, Election Judge. 

Subscribed and sworn to before me this 30th day of April, 1918. 

[seal.] Anthony J, Dimond, 

Notary Public for Alaska. 

INIy commission expires February 13, 1921. 






323 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


United States of America, 

Territory of Ataska, Division No. 3, ss: 

thp VoJi'. Dickey do solemnly swear that I am a qualilied elector residing in 
the ^ aldez recording district voting precinct, or precinct No. _ of 

^ ^ I the Constitution of the United States; 

lionf-^ honestly, faithfully, and promptly perform the duties of judge of 

election in and for said precinct and district. So help me God. 

E. L. Dickey, Election Judge. 

Suliscribed and sworn to before me this 30th day of April, 1918. 

Anthony J. Dimond, 

TV. , ^ , Notary Puhlic for Alaska. 

JMy commission expires February 18, 1921. 


United States of America, 

Territory of Alaska, Division No. 3, ss: 

C. H. Voll, do solemnly swear that I am a qualified elector residing in the 

Valdez voting precinct, or precinct No. - of Third Division, Territory of 

Alaska; that I \yill support the Constitution of the United States; and that I 
will honestly, faithfully, and promptly perform the duties of clerk of election 
in and for the said precinct and district. So help me God. 

C. H. Voll, Election Clerk. 

Subscribed and sworn to before me this 30th day of April, 1918. 

[SEAL.I Anthony J. Dimond, 

Notary Public for Alaska. 

My commission expires February 13, 1921. 


United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, T. H. Hunt, do solemnly swear that I am a qualified elector residing in the 

Valdez voting precinct, or precinct No. - of Third Division, Territory of 

Alaska ; that I will support the Constitution of the United States; and that I 
will honestly, faithfully, and promptly perform the duties of clerk of election in 
and for said precinct and district: So help me God. 

T. H. Hunt, Election Clerk. 

Subscribed and sworn to before me this 30th day of April, 1918. 

[SEAL.I Anthony J. Dimond, 

Notary Puhlic for Alaska. 

My commission expires February 13, 1921. 


No. 

Name. 

1 

Residence. 

Party. 

Voted. 

I 

A. L. Sins:lctary. 

Valdez. 

Femocrat. 

Yp.s 

2 

C J. Todd_r. 

.do. 

.do. 

Yp<! 

3 

F J. Havs. 

.do. 

.do. 

Yps 

4 

A. J. rimond. 

.do. 

.do. 

Vp«! 


E. L I'ickev. 

.. .do. 

.do. 


6 

James McHie. 

.do. 

Republican. 

Vp<5 

7 

VV S Frazer. 

.do. 

F emocrat. 

Yes 

8 

Adam Swan. 

.do. 

.do. 

Yp.s 

9 

C. H. Voll. 

.do. 

Republican. 

Yes 

10 

T H Hunt. 

.do. 

Femocrat. 

Yes 

11 

R H L. Noaks. 

.do. 

.do. 

Yps 

12 

Chas T Burk. 

.do. 

.do. 

Yes 

13 

\V H Brennen. 

.do. 

Republican. 

Yes 

14 

Geo J Love . 

.do. 

Femocrat . 

Yes 

15 

E Sperstad . 

.do. 

.do. 

Yes 

16 

James E. Wilson. 

.do. 

.do. 

Yes 

17 

L M Rothkranz. 

.do. 

.do. 

Yes 

18 

A J Meals. 

.do. 

.do. 

Yes 

19* 

W'. A. Munley. 

.do. 

.do. 

Yes’ 

20 

W. R. Morton. 

.do. 

.do. 

Yes. 

21 

J. C. V ierin'’cr. 

.do. 

.do. 

Yes. 

22 

Mrs F R. Wilson. 

.do. 

.do. 

Yes. 

23 

Fred Wilsm. 

.do. 

.do. 

Yes. 

24 

Joseph L. Reed. 

.do. 

Republican. 

Yes. 

1 

25 

E S" Larson. 

.do. 

Femocrat. 

Yes. 

26 1 

John B. Miller . 

.do. 

.do. 

Yes. 

27 

John Rosine... 

.do. 

.do. 

Yes. 

28 

Charles Olsen . 

.do. 

.do. 

Yes. 

29 

Edward Wood. 

.do. 

Republican. 

Yes. 








































































































324 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


No. 

Name. 

Residence. 

Party. 

Voted. 

30 

Neal O’Connor. 

Valdez. 

Democrat. 

Yes. 

31 

Bur. M. Snyder. 

.do. 

.do. 

Yes. 

32 

I. A. Beal... 

.do. 

.do. 

Yes. 

33 

Rudolph Elmqiiist. 

.do. 

.do. 

Yes. 

34 

Mack j. Schmidt.•. 

.do. 

.do. 

Yes. 

35 

Ilarrv Shiitts. 

.do. 

.do. 

Yes. 

36 

Joseph E. Bourke.. 

.. . do. 

.do. 

Yes. 

37 

Guss r’Garf. 

_do. 

.do. 

Yes. 

38 

Chas. A. Acncetti. 

.do. 

.do. 

Yes. 

39 

Jake Hepfinper. 

.do. 

.do. 

Yes. 

40 

E. E. Richey. 

.do. 

Republican. 

Yes. 

41 

G.Jenner. 

.do. 

Democrat. 

Yes. 

42 

\Vm. O. Coppernoll. 

Seward. 

Republican. 

Yes. 

43 

James Narev. : . . . 

Valdez. 

J'emocrat. 

Yes. 

44 

Harrie Obef. 

. _ do. 

Republican. 

Yes. 

45 

Heber Smith. 

.. ..do. 

Democrat. 

Yes. 

46 

M. H. Faust. . 

. . do. 

.do. 

Yes. 

47 

A.N. Sundt. 

.do. 

.do. 

Yes. 

48 

John Erickson. 

_do. 

.do. 

Yes. 

49 

L. A. T'ecker. 

.do. 

.do. 

Yes. 

50 

R. R. Herman. 

.do. 

.do. 

Yes. 

51 

\Vm. Schmidt. 

_do. 

Republican. 

Yes. 

52 

Carl Nelson . 

_do. 

_"do. 

Yes. 

53 

H P. Sullivan . 

.do. 

.do. 

Yes. 

54 

Anna S. Barritt. 

. . do. 

r emocrat. 

Yes. 

55 

C. C. Howard. 

.do. 

.do. 

Yes. 

56 

Joseph A. Silverman. 

.do. 

.do. 

Yes. 

57 

M. J. Caliihan. 

.do. 

Republican. 

Yes. 

58 

H. T. Whitley. 

.do. 

D emocrat. 

Yes. 

59 

W. A. olen.". 

.do. 

.do. 

Yes. 

60 

John Ekamo. 

.do. 

.do. 

Yes. 

61 

Nif'k Welch. 

.do. 

.do. 

Yes. 

62 

C. B. Smith.;. 

.do. 

Republic an. 

Yes. 

63 

Arvard Temple. 

Elimar. 

Democrat. 

Yes. 

64 

Mi^s. S. 0 Casscler. 

Val rl ez - . 

do. 

Yes. 

65 

S. 0 Casscler. 

.do. 

.do. 

Yes. 

66 

Bert Skinner. 

.do. 

Democratic. 

Yes. 

67 





68 

Frank J. Nein£;er. 

Valdez. 

Democratic. 

Yes. 

69 

Mrs. Frank Nineger. 

.do. 

.do. 

Yes. 

70 

W. J. Morton.. 

.do. 

Republican. 

Yes. 

71 

John Bouse. 

.do. 

Democratic. 

Yes. 

72 

Guv Cameron. 


.. .do. 

Yes. 

73 

John Cook. 

.do. 

.. .do. 

Yes. 

74 

C. H. Wilcox. 

.do. 

.do. 

Yes. 

75 

T. E. D'orhety. 

.do. 

.do. 

Yes. 

76 

.4 da Marovich. 

.do. 

Socialist. 

Yes. 

77 

Al. Dowling. 

.do. 

Democratic. 

Yes. 

78 

Alex A. Kott. 

_ .do. 

do. 

Yes. 

79 

Willard Scott. 

.. . .do. 

Republican. 

Yes. 

80 

H. G. Bennett. 

.do. 

Democratic. 

Yes. 

81 

Arthur I ang. 

.do. 

do . 

Yes. 

82 

Mrs. Arthur Lang. 

.do. 


Yes. 

83 

C. L. Hoit. 



•Yes. 

84 

H. J. Harv’ey. 


.do. 

Yes. 

85 

A. Von Gunther. 

.do. 

do . 

Yes. 

86 

Mrs. A. Von Gunther. 



Yes. 

87 

Mrs. Harvey Sullivan. 

.do. 

Republican. 

Yes. 

88 

Isaace Hamberger. 

-. .do.-. 

Democratic. 

Yes. 

89 

G. H. Merrifield. 

.do. 

.do . 

Yes. 

90 

T. J. Donohue. 

.do. 

do . 

Yes. 

91 

Mrs. T. J. Donehue. 

.do. 


Yes. 

92 

Mrs. W. M. Cuddy. 

.. . .do.- - 


Yes. 

93 

W. M. Cuddy....''.. 

.do. 

Republican . 

Yes 

94 

Mrs. Wm. Whalen. 

.do. 

Democratic. 

Yes 

95 

Wm. Whalen. 

.do.•_ 


Yes 

96 

Fred Rtist.-. 



Yes 

97 

Bruse Haines. 

.do. 


Yes. 

98 

Nich Micken.. 

.do. 

do 

Yes 

99 

R. A. W. Krampitz. 

.do. 


Yes 

100 

Wm. Holland... 


do .... 

Yes 

101 

J. M. Davis. 


.do . 

Yes 

102 

Mrs. James Patterson. 

.do. 

.. . .do . 

Yes' 

103 

Mrs. Chas. Crawford. 

.do. 

.do _ 

'Y^0Q 

104 

Mrs. J. A. McGilvery. 

.do. 

.do 

Yes 

105 

C.C. Rudolph. 

.do. 

. .do 

Yes' 

106 

Mrs. C.C. Howard. 


.do 

Yes 

107 

R. A. Schrader. 


.do 

Yes 

108 

Chas. J. Miner.. 


Republican 

Yes 

109 

Mrs. Joe Braxton. 

.do. 

Democratic 

Yes 

110 

Joe Braxton. 

.do. 

do 

Yes 

111 

Mrs. Chas. Winans. 

.do. 


Yes 

112 

Dr. Chas. Winans. 


.do 

Yes 

113 

J. R. Crittenden. 

.do. 

Republican 

Yes 

114 

John G. Snyder. 

.do. 

.do. 

Yes. 








































































































































































































































































325 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


No. 

Name. 

( 

Residence. 

Party. 

Voted. 

115 

Mrs. F. R. Brormeman. 

Valdez. 

Demoera.tie 

Ws 

116 

F. R. Brenneman. 


.do. 

Yes. 

117 

J. C. Martin. 

.do. 

Repiibliean 

A’^es 

118 

W. H. Cramer. 

.do . 

Demoeratie .... 

AVs 

119 

Mrs. R. Ashby. 

.do. 

Repiibliean . 

A’^es 

120 

Mrs. Wm. Schmidt. 

.do. 

.do. 

Yes. 

121 

Mrs. A. R. Boyd. 


_do. 

A’’es. 

122 

John H. Bigps. 


Demoeratie . 


123 

Geo. W. Robbins. 


_ do -.. -'. 

Yes. 

124 

Peter E. Cashman. 


Republican. 

Yes. 

125 

Owen E. Meals. 


Democratic. 

Yes. 

126 

Mrs. Wm. Blackwell. 


_do . 

AYs- 

127 

Mrs. Bruce Haines. 


_ do. 

Yes. 

128 

Mike ZaharolT. 

.do. 

__ do. 

Yes. 

129 

W. I. Levy. 

.do. 

_ do. 

Yes. 

130 

Frank Gutivason. 

.. do . 

Repiibliean . 

V*es. 

131 

Mrs. W. Kramer... 


Democratic. 

A'^es. 

132 

Mrs. Alis M. Bell. 

.do. 

_ do. 

A’^es. 

133 

Mrs. H. R. Miller. 


.do. 

A'es. 

134 

Mrs. C. H. Wilcox. 

.do . 

_ do. 

A’^es. 

135 

Mrs. Wm. Dolen. 

.do. 

.do. 

Yes. 

136 

Mrs. J. F. Scluine. 

.do. 

.do. 

A’’es. 

137 

Horrace Deline. 

.do . 

_ do. 

A’^es. 

138 

Mrs. O. P. Hubbard. 

.do. 

.do. 

Yes. 

139 

G. W. Cook. 

.do. 

_do. 

Yes. 

140 

Nels Jepson. 

.do. 

.(Jo. 

Y es. 

141 

Wm. Elliott. 

.do. 

. ..do.. 

Yes. 

142 

Mrs. C. C. Rudolph. 

.do. 

.do. 

AVs. 

143 

W. F. T ows. 


. .do. 

Yes. 

144 

Mrs. J. A. Silverman. 

.do. 

.do. 

A^es. 

145 

Mrs. A. J. Diamond. 

.do. 

.do. 

Yes. 

146 

Mrs. Alice l ows. 

.do. 

. .do. 

Yes. 

147 

Hans Steinfeldt. 

.. ..do. 

Socialist. 

Yes. 

148 

Mrs. Emma Jenson. 

_do. 

Democratic. 

A’^es. 

149 

A. S. Jenson. 

.do. 

.do. 

A^es. 

150 

R. 1). Kelsev. 

.do. 

_do. 

A'^es. 

151 

Randell Aslibv. 

_do. 

Republican. 

A'^es. 

152 

E. D. Hathewav. 

. ..do. 

Democratic. 

A’’es. 

153 

A. M. Walker..'. 

.do. 

_do..*. 

A’^es. 

154 

Miss Jennie Raymond. 

_do. 

Republican. 

A'es. 

15.5 

I.ouis Rosenthall. 

. .do. 

Democratic. 

A’^es. 

156 

Earnest Wheat. 

_.do. 

Republican. 

Yes. 

157 

Mrs. W. I. T.evy. 

.do. 

. ..do. 

Yes. 

158 

Mrs. E. r. Cashman. 

. ..do. 

_do. 

Yes. 

159 

Mrs. Wm. Meals. 

.do. 

Democratic. 

A"es. 

160 

Wm. Meals..*.. 

.do. 

.do. 

A^es. 

161 

W. S. Stuart. 

.do. 

.do. 

Yes. 

162 

Geo. Tiffany. 

. .do. 

Republican. 

A’^es. 

163 

Carl Hering. 

_do. 

Democratic. 

A^es. 

164 

Mark Gleason. 

_do. 

_do. 

A^es. 

165 

M;'S. E. Hunt. 

.do. 

.do. 

A’’es. 

166 

Mrs. Josie Fisher. 

_do. 

_do. 

Yes. 

167 

Mrs. Dune Ames.^_ 

.do. 

.do. 

Yes. 

168 

Georae Franeis. 

_do. 

Republican. 

A"es. 

169 

Thomas Beasley. 

.do. 

Democratic. 

Yes. 

170 

Mrs. G. J. Ziun. 

_do. 

....do. 

A^es. 

171 

Mr. G. J. Zinn. 

_do. 

.do.'.. 

A’’es. 

172 

Wm. Snyder. . 

. .do. 

Republican. 

A’^es. 

173 

Mrs. (.) Gaeng. 

. .do. 

Democratic. 

Yes. 

174 

E. A. Sweet. j 

.(Jo. 

.do. 

A^es. 

175 

Jas. H. I’aterson.... . . 

.do. 

.do. 

Y es. 

176 

Mrs. J. L. Reed. 

...do. 

Republican.. 

A'es. 

177 

Melville Kibble. 

.do. 

.do. 

Yes. 

178 

Mrs. Minnie E. Whitlev. 

.do. 

Democratic. 

A^es. 

179 

W. 11. Palmer. 

.. .do. 

.do. 

Yes. 

180 

Clinton J. Eagen. 

.. .do. 

.do. 

A^es. 

181 

Mrs. Willard Scott. 

.do. 

Republican. 

Yes. 

182 

Mrs. M. H. Faust_ 

.do. 

Democratic. 

A’^es. 

183 

Mrs. Annie Austin . 

.do. 

.do. 

Yes. 

184 

J. A. McGilvery... . 

.do. 

.do. 

A’’es. 

185 

J. D. Lyons. 

. .do. 

Republican. 

Yes. 

186 

Archie Park. . . . 

_do. 

_tdo. 

Yes. 

187 

.Tesse A. CTawford. 

.do. 

.do. 

Yes. 

188 

Mrs. Wm. H. Caswell. 

_do. 

Democratic. 

Yes. 

189 

J. Q. Fish. . 

_do. 

.do. 

A'es. 

190 

Afrs. W. E. Eagen... 

. .do. 

.do. 

A’^es. 

191 

T. O. Bell. 

.do. 

Republican. 

A^es. 

192 

Mrs. .John M. Emmil. 

_do. 

Democratic. 

A’’es. 

193 

.Tohn M. Emmil 

_do. 

.do. 

A^es. 

194 

T. J. Deviney . . 

.do. 

.do. 

Yes. 

195 

Mrs. Chas. R.omar.. 

.do. 

Republican. 

A"es. 

196 

W. H. Ba.ilev .. . 

.do. 

Democratic. 

Yes. 

197 

Ralph W'entler.. . 

.do. 

Republican. 

Yes. 

198 

E. G. Ames . 

.do. 

Democratic. 

Yes. 

199 

T. G. Quinn. 

.do. 

Republican. 

Yes. 
















































































































































































































































































326 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


No. 

Name. 

Residence. 

Party. 

Voted. 

2)0 

Mr<5. A. 13. Up.ririppr 

Valdez. 

Democratic. 

Yes. 

2)1 

Mr<?. A. M. Dprinppr 

.do. 

.do. 

Yes. 

202 

F,. An<?tin 

.do. 

.do. 

Yes. 

203 

Mr*! li 1/ MiHrllpp.si.7Tip 

Fllamar.. . 

.do. 

Yes. 

204 

Mrs. .Tsi.p,nbsoTi 

Valdez. 

.do. 

Yes. 

205 

Tiulpp. F. M. Tlrown 

.do. 

.do. 

Yes. 

200 

Mrs. 13,. Ty. Clift,071 

.do. 

.do. 

Yes. 

207 

Oporp^p, M. Mpad.- 

.do. 

.do. 

Yes. 

208 

A. M. Dpririppr.. 

.do. 

.do. 

Yes. 

209 

Mrs. T. F. Wiokedpl_ • _ 

.do. 

Republican. 

Yes. 

210 

M. A. Ali.siek 

.(lo. 

_"do. 

Yes. 

211 

Mrs. E. Winter_ . _ 

. .do. 

Democratic. 

Yes. 

212 

Mathew Mcdlade 

.do. 

Republican.. 

Yes. 

213 

E. W. Hunt. 

.do. 

Democratic. 

Yes. 

214 

H. G. Clifton.. . . 

..do. 

.do. 

Yes. 

215 

Mrs. A. C. Hoodenpvle . 

do. 

.do. 

Yes. 

216 

Mr. A. C. Hoodenpyle .. 

.do. 

.do. 

Yes. 

217 

Mrs. E. Miles_ . . 

.do. 

.do. 

Yes. 

218 

Mrs. J. C. Martin.. . _ 

. .do. 

Republican. 

Yes. 

219 

Mrs. H. E. F. King 

. .do. 

Democratic. 

Yes. 

220 

Mrs. Alina Rerlcland 

.do. 

.do. 

Yes. 

221 

H. E. F. King 

. .do. 

.do. 

Yes. 

222 

Wm. Thomas 

.do. 

.do. 

Yes. 

223 

Geo. O. Kanke . . 

. ..do. 

.do. 

Yes. 

224 

Otto Elst,rom. . 

_do. 

Republican. 

Yes. 

225 

.Antone Dalstrom_ 

.do. 

_"do. 

Yes. 

226 

Airs. R. D. KpIspv_ 

-do_ 

Democratic. 

Yes. 


1 




CERTIFICATE. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, Janies McHie and W. S. Frazer and E. L. Dickey, and T. Hunt and 
C. H. Voll, respectively, jiidjjes and clerks of election, constituting the election 
board for Valdez, voting precinct or precinct No. 1 of the Valdez recording 
district oii town of Valdez, Third Division, Territory of Alaska, do hereby 
(certify that the within and foregoing election register, containing 7 written 
pages, constitutes a true and correct list of all the names of and all data 
required by law relative to all persons who voted or offered to vote at the 
jirimary election held in said voting precinct. Territory of Alaska, Third Divi¬ 
sion, on the 30th day of April, 1918, and that the total number of persons 
voting was 225. 

Dated at Valdez this 30th day of April, 1918. 

James McHie, 

W. S. Frazer, 

E. L. Dickey, 

Judges. 

T, H. Hunt, 

C. H. Voll, 

Clerks. 

For Delegate from Alaska, Democratic Party. 


Maloney, William___ 15 

Sulzer, Charles A_150 


certificate of results, democratic primary election. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of results of the primary election held April 30, 1918, to elect can¬ 
didates for “ Delegates from Alaska ” and for “ Members of the Legislature of 
the Territory of Alaska,” and for “ Road commissioner, road district No. 3,” 
held in the Valdez voting precinct, or precinct No. 1 of the Valdez recording dis¬ 
trict, or town of Valdez, Third Division, Territory of Alaska. 



































































































WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


327 


Of the total number of ballots cast in said precinct by the Democratic 
Party, including: ballots totally blank, as shown by the foregoing tally b()ok, 
the several candidates for the respective offices received votes as follows, 
to wit: 

For Delegate from Alaska—Maloney, William, 15; Sulzer, Charles A., 150. 
And the total number of ballots cast is 172. 

Dated at Valdez, Alaska, this 30th day of April, 1918. 

.Tames INIcHie, 

W. S. Fkazer, 

E. L. Dickey, 

T. H. Hunt, 

C. H. VOLL. 

Election Board. 

For Delegate from Alaska, Republican Party. 


Wickersham, James_ 05 

Kay, L. V_ “l 

Sulzer, Charles A_ 9 


CERTIFICATE OF RESULTS, REPUBLICAN PRIMARY ELECTION. 


United States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of results, of the primary election held April 30, 1918. to elect 
candidates for “ Delegate from Alaska,” and for “ Members of the I.egislature 
of the Territory of Alaska,” and for “ Road commissioner, road district No. 3,” 
held in the Valdez voting precinct, or precinct No. 1 of the Valdez recording 
district, or town of Valdez, Third Division, Territory of Alaska. 

Of the total number of ballots cast in said precinct by tbe Republican Party, 
including ballots totally blank, as shown by the foregoing tally book, the several 
candidates for the respective offices received votes as follows, to wit: 

For Delegate from Alaska: Wickersham, James, received 25; Ray. L. V., 
received 1; Sulzer, Charles A., received 9. 

And the total number of ballots cast is 51. 

Dated at Valdez, Alaska, this 30th day of April, 1918. 

James IMcHie. 

W. S. Frazer, 

E. L. Dickey, 

C. H. Voll, 

T. H. Hunt, 

Election Board. 


For Delegate from Alaska, Socialist Party. 


Connolly, Francis___ 0 

Wickersham, James_ 1 

Sulzer, Charles A_•_ 1 

CERTIFICATE OF RESULTS, SOCIALIST PRIMARY ELECTION. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of results, of the primary election held April 30, 1918, to elect can¬ 
didates for “ Delegate from Alaska,” and for “ Members of the Legislature of 
the Territory of Alaska ” and for “ Road commissioner, road district No. 3,” 
held in the Valdez voting precinct, or precinct No. 1 of the Valdez recording 
district, or town of Valdez, Third Division, Territory of Alaska. 








328 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Of the total iniinher of ballots. caKt in said precinct by the Socialist Party, 
including l)allots totally blank, as sho\yn by the foregoinj^ tally book, the 
several candidates for the respective oihces i-eceived votes as follows, to wit: 

For Delegate from Alaska : Connolly, Francis, received 0; Wickersham, James, 
received 1; Snlzer, Charles. A., received 1. 

And the total number of ballots cast is 2, 

Dated at Valdez, Alaska, this 30th day of April, 1918. 


Exhibit B. 


James McHie, 

W. S. Fkazer, 

E. Jj. Dickey, 

C. II. VOLL, 

T. H. Hunt, 

Election Board. 


Election register and tally book for November, 1918, election for Delegate to 
Congress, members to the I.egislatiire of the Territory of Alaska, and road 
commissioner for the third judicial division of Alaska; Valdez Bay voting 
precinct in the Valdez recording district. Territory of Alaska, third division. 


United States of America, 

Territory of Alaska, Third Division, ss: 

I, the undersigned clerk of the District Court for the Territory of Alaska, 
third division, do licreby certify that the attached is a full, true, and correct 
copy of the original election register and tally book for November 5, 1918, 
election, Valdez Bay voting precinct, Valdez recording district, in so far as 
the same relates to Delegate to Congress from Alaska, as the same appears on 
file and of record in my office. 

In testimony whereof, I have subscribed my name and affixed the seal of the 
said court at Valdez, Alaska, this 22d day of August, 1919. 

[seal.] Arthur Lang, Clerk. 


OATHS OF office TO BE TAKEN BY JUDGES OF ELECTION. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, A. E. Ilucker, do solemnly swear that I am a qualified elector residing in 
the Valdez Bay voting precinct of Valdez recording district; that I will hon¬ 
estly, faithfully, and promptly perform the duties of judge of election in and 
for said precinct and district. So help me God. 

A. E. Rucker. 

Subscribed and sworn to before me this 5th day of November, 1918. 

Edwlvrd P. Cashman, 

Duly Authorized Judge of Election. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, Lysle D. Brown, do solemnly swear that I am a qualitied elector residing 
in the Valdez Bay voting precinct, of Valdez recording district; that I will 
honestly, faithfully, -and promptly perform the duties of judge of election in 
and for said precinct and district. So help me God. 

Lysle D. Brown, 

Subscribed and sworn to before me this 5th day of November, 1918. 

Edward P. Cashman, 

Duly Authorized Judge of Election. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, Edward P. Cashman, do solemnly swear that I am a qualified elector 
residing in the Valdez Bay voting precinct, of Valdez recording district; that 
I will honestly, faithfully, and promptly perform the duties of judge of election 
in and for said precinct and district. So help me God. 

Edward P. Cashman. 

Subscribed and sworn to before me this 5th day of November, 1918. 

A. E. Rucker, 

Duly Authorized Judge of Election. 


WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


329 


Num¬ 

ber 

of 

per¬ 

sons 

vot¬ 

ing. 

Names of voters. 

Voted. 

Num¬ 

ber 

of 

per¬ 

sons 

vot¬ 

ing. 

Name of voters. 

Voted. 

1 

Fred C. Hartman. 

Yes. 

19 

A. E. Rucker . 

Yes. 

2 

C. A. Edmund. 

Yes. 

20 

Sam Campbell 

Yes. 

3 

H. M. Lawrence. 

Yes. 

21 

Joseph Newman . 

Yes. 

4 

E. 0. Reuter. 

Yes. 

22 

E. A. .Tohnson 

Yes. 

5 

Jerrv T. Allen. 

Yes. 

23 

R; B. TTamiliton . 

Yes. 

6 

Pete Tessiore. 

Yes. 

24 

Fred 1C. Brethersnn 

Yes. 

7 

John Turner. 

Yes. 

25 

A. .1. Davis. 

Yes. 

8 

Charles Wyatt. 

Yes. 

26 

Mr.s. James W. Johnston 

Yes. 

9 

John D. Chamberlain. 

Yes. 

27 

James W. Johnston. 

Yes. 

10 

Frank Forker. 

Yes. 

28 

George F. Baker . 

Yes. 

11 

John T. McEvoy. 

Yes. 

29 

tv. S. Beck.. 

Yes. 

12 

Patrick McDermott. 

Yes. 

30 

II. T. Anderson. 

Yes. 

13 

Frank Poore. 

Yes. 

31 

William N. Hoaring. 

Yes. 

14 

Claude 11. James. 

Yes. 

32 

Bruce Rider. 

Yes. 

15 

Erie Vyhberg. 

Yes. 

33 

P. S. Truckey . 

Yes. 

16 

A. J. Penttinen. 

Yes. 

34 

B. Presley. 

Yes. 

17 

Edward P. (^ashman. 

Yes. 

35 

W. T. Stuart. 

Yes. 

18 

Lysle D. Brown. 

Yes. 

36 

Mrs. E. P. Cashman. 

Yes. 


1 






CERTIFICATE. 


I’^xivEi) States of America, 

Territorii of Aln.^JxO, Third Division, ss: 

^^'e, Edward 1’. Cushman, A. E. Kiiekcr, and Eysle D. P>rown, respectively 
judges and clerks of election, constituting the election hoard for Valdez 
Bay, voting precinct of the Valdez recording district, third division. Terri¬ 
tory of Alaska, do hereby certify that the within and foregoing election 
register, containing one written page constitutes a true and correct list of 
all the names of and all data required hy law relative to all persons who voted 
oi- offered to vote at the election held in said voting precinct. Territory 
of Alaska, third division, on the 5tli day of November, 191S; and that the 
total number of per.sons voting'thereat was 86; and we do further certify 
that the said election register was kept and signed in duplicate, as require^/ 
hy statute. 

Dated at Granliy INIine, this 5th day of November, 1918. 

Edward P. Casitman, 

A. E. Pucker, 

T.,ysle D. Brown. 


For Deiegute to Congress. 


Connolly, Francis_ 1 

Sulzer, Charles A_ 24 

Wickersham, James_11 


certificate of judges of election to election returns. 

United .States of America. 

Territory of Alaska, Third Dirhion, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of the result of the November, 1918, election for Delegate to Congress, 
members of the Legislature of the q^n-ritory of Alaska, and road commissioner 
for the third division. Territory of Alaska, held in the Valdez Bay voting precinct 
of the Valdez recording district, third division. Territory of Alaska, of which 
for Delegate to Congress Francis Connolly, received 1 vote; Charles A. Sulzer 
received 24 votes; and James Wickersham received 11 votes. 

Dated nt Granby Mine, Alaska, this 5th day of November, 1918. 

Edward P. Cash man, 

A. E. Rucker, 

Lysle D. Brown, 

Election Board. 























































330 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Kxhihit C. 

Election Ilegister <nul tally book for November, IblS, election for Delegate 
to Congress, members to the Legislature of the Territory of Alaska, and road 
commissioner for the third judicial division of Alaska, Ahildez voting pre¬ 
cinct in the Valdez recording district. Territory of Alaska, third division. 

United States of America, 

Territory of Alaska, Third Dimsion, ss: 

I, the undersigned clerk of the District Court for the Territory of Alaska, 
third division, do hereby certify that the attached is a full, true, and correct 
copy of the original election register and tally book for November 5, 1918, 
election, held at Valdez, Valdez recording district, in so far as the same relates 
to the election of Delegate to Congress from Alaska as the same appears on 
file and of record in my office. 

In testimony whereof, I have subscribed my name and affixed the seal of 
the said court at Valdez, Alaska, this 22d day of August, 1919. 

[seal.] Arthur Lang, Clerk. 

OATHS OF OFFICE TO BE TAKEN BY JimOES OF ELECTION. 

United States of America, 

Territory of Alaska, Third l)i(vision, ss: 

I, Louis Rosenthal, do solemnly swear that I am a ciualified elector residing 
in the Valdez voting precinct, of Valdez recording district; that I will hon¬ 
estly, faithfully, and promptly perform the duties of judge of election in and 
for said precinct and district. So help me God. 

Louis Rosenthal. 

Subscribed and sworn to before me this 5th day of November, 1918. 

Anthony .T. Dimond, 

Notary Puhlic for Alaska. 

My commission expires February 13, 1921. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, James McHie, do solemnly swear that I am a qualified elector residing 
in the Valdez voting precinct, of Valdez recording district; that I will hon¬ 
estly, faithfully, and promptly perform the duties of judge of election in and 
for said precinct and district. So help me God. 

James McHie. 

Subscribed and sworn to before me this 5th day of November, 1918. 

Anthony J. Dimond, 

Notary Puhlic for Alaska. 

My commission expires February 13, 1921. 

United States of America. 

Territory of Alaska, Third Dk'ision, ,s\s; 

I, John N. White, do solemnly swear that I am a qualified elector residing 
in the Valdez voting precinct, of Valdez recording district; that I will hon¬ 
estly, faithfully, and pronqitly perform the duties of judge of election in and 
for said precinct and district. So help me God. 

John N. White. 

Subscribed and sworn to before me this 5th day of November, 1918. 

Anthony J. Dimond, 

Notary Puhlic for Alaska. 

My commission expires February 13, 1921. 

OATH OF office FOR CLERKS OF MUNICIPALITIES ONLY. 

United States of America, 

Territory of Alaska, Third Dimsion, ss: 

We, T. H. Hunt and W. R. Morton, do solemnly swear that we are qualified 
electors residing in the Valdez voting precinct, of Valdez recording district; 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 331 


tluit we will honestly, faithfully, and promptly perform the duties of clerks 
of election in and for said precinct and district. So help me God. 

T. H. Hunt. 

W. 11. Morton. 

Subscribed and swoni to before me this .'^th day of November, 1918. 

Anthony .T. Dimond, 

Notary Public for Alaska. 

^Nly commission expires February 13, 1921. 


Namber and names of those voting. 


1. A. .T. Diamond. 

2. F. .T. Hayes. 

3. C. .T. Todd. 

4. H. 1*. Sullivan, 
o. Ralph Wintler. 

C). A. .7. Meals. 

7. Heber Smith. 

8. .7. 7*. Simons. 

9. Georjre Rrown. 

70. .Tames :McHie. 

71. H. H. (’olin. 

72. Nolan Hudson. 

13. 7^ouis Rosenthal. 

74. INIrs. Wm. Whalen. 

7.0. Wm. Whalen. 

70. ,7ohn N. White.* 

17. T. 71. Hunt. 

78. Ge(). .T. T.<ove 

79. Mrs. E Winter. 

20. W. R. Morton. 

27. Harry Shutts. 

22. S. O. easier. 

23. R. L. Noaks. 

24 James Willson. 

25. Adam Swan. 

2G. Wm. Egan. 

27. D. F. Malard. 

28. A. H. Blair. 

29. T. J. Quinn 

30. 7)an Wilsey. 

31. .John Frolick. 

32. Archie I’ark. 

33. M. H. I'aust. 

34. Mrs. Donald H. Tyer. 

35. ,7. I>. Itead. 

30. James H. Ihitterson. 

37. Geo. M. Meade. 

38. Harrie H. Blagrave. 

39. Mrs. Rucker. 

40. W. A. Munley. 

47. Anna S. ITarratt. 

42. -Tolin H. I7ouse. 

43. .John Erickson. 

44. 7^]mil La ins. 

45. Thomas Beasley. 

46. 71. L. Clifton. 

47. Mrs. Arthur I.ang. 

48. Arthur l^ang. 

49. William Schrader. 

50. 7*ert Holmes. 

.51. Mrs. H. L. Rider. 

.52. Mrs. A. S. Jenson. 

53. I\7rs. John ]^]kamo. 

54. Mrs. Harry Allen. 

55. Charles Olsen. 


50. William Stitz. 

57. W. S. IT’azer. 

58. 71d Wood. 

59. .7. D. Hamilton. 

00. C. 77. Wilcox. 

01. Mrs. C. H. Wilcox. 
02. .7. A Silverman. 

63. Fred Higson. 

64. 7^]lmer 7^ostal. 

05. .7. A. INtcGilvrary. 

60. INIelvin Jvibble, 

67. .John 7^]. Hughes. 

08. Nick Miscoe. 

69. Criss I.iahz. 

70. George Tiffeny. 

77. John Ihirns. 

72. 77. T. Whittely. 

73. Nick Meckum. 

74. Alex A. 7vott. 

75. A. C. Hoydenpile. 

70. O. 7*. Hul)l)ard. 

77. INlrs. Wm. Connelly. 

78. ]N7rs. C. O. Brauer. 

79. E. E. Richey. 

80. C. J. Deviney. 

81. W. H. Brennen. 

82. l\7rs. C. W 57ossman. 

83. C. W. ]\7ossman. 

84. H. B. Selby. 

85. Oliver ]\7orris. 

86 . Chas. Howard. 

87. Albert Duback. 

88 . .John Ruff. 

89. ]\frs. Romar. 

90. Chas. 7iomar. 

97. Walter Holland. 

92. R. A. McCulla. 

93. Neils Jepson. 

94. Mrs. Hihnala. 

95. Mrs. Frank 7x)we. 

90. .John Ekimo. 

97. T.iOuis Marchall. 

98. E. Wheat. 

99. Wm. Sansberry. 

100. Harry Hoffman. 

101. 7ludolph l^]lniquist. 
702. ]\7rs. Hoyt. 

103. W. II Austen. 

704. C. 7{;agen. 

705. 7i. A. Shafer. 

700. Mrs. Ashby. 

707. Chas. Swanson. 

708. 77. D. 7velsey. 

709. C. 77. Smitli. 

110. Mrs. T. J. Donohoe. 



332 wickersi^am vs. suleer, deceased, a'^^d'grigsby 


111. Thos, T. J. Doiiohoe, 

112. Mrs. John Cook. 

113. H. Bennett. 

114. John Cook. 

115. Charles Copis. 

IK). Lons. Rothkrantz. 

117. Joe Eininil. 

118. Bandel Ashhy. 

119. Dr. Henry ('oekrille. 

120. Mrs. Henry Coekrille. 

121. Chas. A. Afjnetti. 

122. Mrs. Al. DeHart. . 

123. Mrs. J. A. Patterson. 

124. F. K Brenneman. 

125. IMrs. F. II. Brenneman. 
12(5. iMrs. Fisher. 

127. Mrs. INIcGilvrarv. 

128. Mrs. (island. 

129. Mrs. Jessie Crawford. 

130. Tessie Zaroff. 

131. Mike Zaroff. 

132. Lars Holland. 

133. F. O. Bell. 

134. Mrs. A. M. Bell. 

135. Dr. Winans, C. A. 

136. B. A. Dickey. 

137. Mrs. Brnee Haines. 

138. Bruce Haines. 

139. Nick Hihnala. 

140. Mrs. Andy Deringer. 

141. Andy Deringer. 

142. Mrs. Annie Deringer. 

143. W. F. Lowe. 

144. James Mitchell. 

145. Mrs. A. C. Hoydenpile. 

146. Mrs. James iMitchell. 

147. Mrs. S. O. Casler. 

148. Mrs. Chas. Fisher. 

149. Dr. A. Vongnnther 

150. Mrs. C. Howard. 

151. IMrs. Antone Carlson. 

152. K. Austin. 

153. Mrs. H. R. Miller. 

154. Andv iMerivich. 

155. E. E. IMcDonald. 

156. J. S. Frazer. 

157. Mrs. W. J. Cuthhert. 

158. W. J. Cuthhert. 

159. John Norman. 

160. W. H. Palmer. 

161. R. A. W. Krampitz. 

162. IMrs. Anna Boyd. 

163. IMrs. Wm. Dolen. 

164. Hans Stinefeldt. 

165. J. T. Grouse. 

166. Wm. Holland. 

167. M. Gleason. 

168. J. C. Deringer. 

169. Mrs. E. Mills. 

170. Mrs. Annie Austen. 

171. A. Charles. 

172. IMrs. M. H. Faust. 

173. I. Hamburger. 

174. E. C. Keesler. 

175. Karlo Hansen. 

176. IMrs. IM. Witherly. 

177. Guy Cameron. 


178. I.. A. Decker. 

179. Rev. E. S. Bollinger*. 

180. IMrs. Lilian Bollinger. 

181. W. I. Levy. 

182. B. Silverman. 

183. I). H. Tyei*. 

184. T. E. Dougherty. 

185. T. F. Gr*ifeth. 

186. J. C. Walker. 

187. Brrr IM. Snider. 

188. Dave Olson. 

189. Wm. Dolen. 

190. IMrs. H. Hoffman. 

191. IMrs. A. J. Daimond. 

192. Mr.s. Herri-y Miller. 

193. IMrs. M. J. Schmidt. 

194. Mr.s. M. E. Whittley. 

195. Mrs. W. E. Littlejohn. 

196. Geo. Butler*. 

197. IMrs. E. B. Wheat. 

198. John Biggs. 

199. Dune Arrres. 

200. Mrs. Wm. Egarr. 

201. James Narie. 

202. Mrs. J. L. Reed. 

203. IM. B. Hamberger. 

204. Mrs. D. F. Makrrd. 

205. Alex Singletary. 

206. IMrs. M. A. Kelsey. 

207. IMrs. R. D. Kelsey. 

208. Jack Ritter. 

209. S. C. Wheeler. 

210. IMrs. Wrrr. IMeals. 

211. Mike Barratt. 

212. IMr*s. A. J. Meals. 

213. Wrrr. Meals. 

214. Ike A. Beal. 

215. O. Roserrglad. 

216. IMr*s. Guss Djarf. 

217. Wm. Schmidt. 

218. Chas. Wirrzell. 

219. Han-y G. Clifton. 

220. Harland 5hinwick. 

221. Wm. R. Rogers. 

222. A. C. Dowling. 

223. E. Spearsted. 

224. IMr*s. E. Sjrearsted. 

225. IMr*s. A. (2 Dowling. 

226. Larence Watt. 

227. IMr*s. N. Cudy. 

228. W. W. Cudy. 

229. IMrs. J. A. Silverman. 

230. IMrs. Gans. 

231. G. Jenrrer*. 

232. E. A. Sweet. 

233. Antone Car*l.son. 

234. Burt Skirrner. 

235. Annie Bur*kland. 

236. Mrs. Bui*t Skimrer. 

237. Max J. Schmidt. 

238. IMiss IMary Zaroff. 

239. Robt. Scott. 

240. Mrs. A. Selby. 

241. Mathew IMcGlade. 

242. E. G. Arnes. 

243. J. IM. McDonald. 




333 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


244. Frank Smith. 

245. Olie Hanson. 

246. J. W. Gilson. 

247. INIrs. I. Levy. 

248. Mrs. M. Horton. 

249. E. F. Pierce. 

250. Otto Elstrom. 

251. Win. E. Hansell. 

252. Win. INI. Eliot. 


253. I). D. Stewart. 

254. H. E. F. King. 

255. Mrs. Teney Wickedell. 

256. Mrs. E. W. Hunt. 

257. E. W. Hunt. 

258. C. K. Odle. 

259. INIrs. 11. L. Clifton. 

260. Mrs. W. Eliot. 

261. Mrs. Wm. Smidt. 


CERTIFICATE. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, James McHie, William It. Morton, John N. White, T. H. Hunt, and 
Louis Rosenthal, respectively judges and clerks of election, constituting the 
election board for Valdez voting iirecinct of the Valdez recording district, or 
town of Valdez third division. Territory of Alaska, do hereby certify that the 
within and foregoing election register, containing four written pages, consti¬ 
tutes a true and correct list of all the names of and all data required hy law 
relative to all persons who voted or offered to vote at the election held in said 
voting precinct. Territory of Alaska, third division, on the 5th day of Novem¬ 
ber, 1918; and that the total number of persons voting thereat was 261; and 
we do further certify that the said election register was kept and signed in 
duplicate, as required by statute. 

Dated at Valdez, Alaska, this .5th day of November, ]918. 

James McHie, 

John N. White, 

Louis Rosenthal, 

Judges. 


William R. Morton, 
T. H. Hunt, 


For Delegate to Congress. 


Clerks. 


Connolly, Francis_ 8 

Sulzer, Charles A_180 

Wickersham, James:_ 66 


CERTIFICATE OF JUDGES OF ELECTION TO ELECTION RETURNS. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of the result of the November, 1918, election for “Delegate to Con¬ 
gress,” “ members of the Legislature of the Territory of Alaska,” and “ road 
commissioner for the third division. Territory of Alaska,” held in the Valdez 
voting precinct of the 15aldez recording district, third division. Territory of 
Alaska, of which for Delegate to Congress Francis Connolly received 8 votes, 
Charles A. Sulzer received 180 votes, and James IVickersham received 66 votes. 
Dated at Valdez, Alaska, this 5th day of November, 1918. 

James McHie, Judge, 

John N. White, Judge, 

Louis Rosenthal, Judge, 
William R. Morton, Clerk. 

T. H. Hunt, Clerk, 

Election Board. 


Exhibit D. 

Duplicate primary election register and tally book for Copper Center voting 
precinct. Copper Center recording district, division No. 8, Territory of 
Alaska, April 30, 1918. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, the undersigned clerk of the District Court for the Territory of Alaska, 
third division, do hereby certify that the attached is a full, true, and correct 






334 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


copy of the original duplicate primary election register and tally book for 
(Copper Center voting precinct, for the primary election held April 30, 1918, 
in so far as the same i-elates to the election of a Delegate to Congress from 
Alaska, as the same appears on tile and of record in my oflice. 

In testimony whereof I have snhscrihed my name and jillixed the seal of the 
said court at Valdez, Alaska, this 22d day of August, 1910. 

[SEAL.] Arthur Long, Clerk. 

OATHS OF OFFICE TO BE TAKEN BY .JUDGES OF ELECTION. 

United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, Ringwald Blix, do solemnly swear that I am a qualified elector residing 
in the Copper Center voting precinct. Copper Center recording district; that I 
will support the Constitution of the United States; and that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for 
said precinct and district. So help me God. 

Ringwald Blix, 

Election Judge. 

Subscribed and sworn to before me this 30th day of April, 1918. 

[seal.] C. Parker Smith, 

United States Commissioner. 

United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, Chas. Cowell, do solemnly swear that I am a qualified elector residing 
in the Copper Center voting precinct. Copper Center recording district; that I 
will support the Constitution of the United States; and that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for 
said precinct and district. So help me God. 

Chas. Cowell, 
Election Judge. 

Subscribed and sworn to before me this 30th day of April, 1918. 

[SEAL.] C. Parker Smith, 

United States Commissioner. 

United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, Sam W. Taylor, do solemnly swear that I am a qualified elector residing 
in the Copper Center voting precinct, Copper Center recording district; that I 
will support the Constitution of the United States; and that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for 
said precinct and district. So help me God. 

Sam W. Taylor, 

Election Judge. 

Subscribed and sworn to before me this 30th day of April, 1918. 

[SEAL.] C. Parker Smith. 

United States Commissioner. 


No. 


1 

2 

3 

4 

5 

6 

7 

8 
9 

10 

11 

12 

13 

14 

15 

16 

17 

18 


Name. 

Residence. | Party. 

Voted. 

W. R. Cameron. 

Trail. 

Femocrat 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes, 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

Yes. 

C. Parker Smith. 

Copper Center. 

_do 

Sam W. Ta-^^Jor. 

.do. 

.... do 

Ringwald Blix. 

.do. 

Repuhlican... 
F emocrat .... 

. . do 

Chas. Cowell. 

Tazlina. 

Hurman Fn Marce. 

Copper Center. 

M. F. GrilTeth. 

.do. 

do 

Hans Pitman. 

.do. 

do 

John McCrary. 

.do. 

do 

Frances Blix.. 

.do. 

do 

T. R. Glass. 

.do. 

do 

Chas. Romohr. 

Valdez. 

do 

Chas. Lindgreen. 

Chitina. 

do 

Eliiaketh Griffith. 

Copper Center. 

do 

J. B. Pippin. 

.....do. 

do 

H. Baker. 

Trail. 

Republican... 
Uomocrat .... 

do 

Richard McNally. 

.do. 

Max B. Filer. 

Copper Center. 




































































WTCKEESHAM YS. SULZER, DECEASED, AND GRIGSBY. 335 


CERTIFICATE. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, Ringwald Blix, Clias. Cowell, and Sam W. Taylor, respectively, judges 
of election ,constituting the election board for Copper Center voting precinct 
of the Coi)per Center recording district, third division, Territory of Alaska, do 
hereby certify that the within and foregoing election register, containing one 
written page, constitutes a true and correct list of all the names of and all 
data required hy law relative to all persons who voted or offered to vote at 
the primar.v election held in said voting precinct. Territory of Alaska, third 
division, on the 80th day of April, 1918, and that the total number of persons 
voting was 18. 

Ringwald Blix, 

Chas. Cowell, 

Sam W. Taylor, 

Judges. 

Dated at Copper Center, Alaska, this 80th day of April, 1918. 

For Delegates from Alaska, Demoeratic Party. 


]Maloney, William_ 0 

Sulzer, Charles A. _ 17 


CERTIFICATE OF RESULTS-DEMOCRATIC PRIMARY ELECTION. 

United States of A;merica, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of results, of the primary election held April 80, 1918, to elect can¬ 
didates for Delegate from Alaska, and for members of the I.<egislature of the 
Territory of Alaska and for road commissioner, road district. No. 8, held in 
the Copper Center voting precinct, of the Copper Center recording district, 
third division, Territory of Alaska, 

Of the total number of ballots cast in said precinct by the Democratic Party, 
including ballots totally blank, as shown by the foregoing tally book, the 
several candidates for the respective offices received votes as follows, to-wit: 

For Delegate from Alaska: William Maloney, none; Charles A. Sulzer, 17. 
Number of ballots totally blank cast, none; total number of ballots cast, 16. 

Ringwald Blix, 

Chas. Cowell, 

Sam W. Taylor, 

Election Board. 

Dated at Copper Center, Alaska, this 80th day of April, 1918, 

For Delegate from Alaska, Republican Party. 

Wickersham, .Tames _ 1 

CERTIFICATE OF RESULTS-REPUBLICAN PRIMARY ELECTION. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of results of the primary election held April 80, 1918, to elect can¬ 
didates for Delegate from Alaska, and for members of the Legislature of the 
Territory of Alaska and for road commissioner, road district No. 8, held in 
the Copper Center* voting precinct, of the Copper Center recording district, 
third division, Teri'itory of Alaska. 

Of the total number of ballots cast in said precinct by the Republican Party, 
including ballots totally blank, as shown by the foregoing tally book, the sev¬ 
eral candidates for the respective offices received votes as follows, to-wit: 

For Delegate from Alaska: James Wickersham, 1. Number of ballots totally 
blank cast, none; total number of ballots cast, 2. 

Ringwald Blix, 

Chas. Cowell, 

Sam W. Taylor, 

Election Board. 

Dated at Copper Center, Alaska, this 30th day of April, 1918. 





336 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


CERTIFICATE OF RESULTS, PRIMARY ELECTION. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of results of the primary election held April 30, 1918, to elect can¬ 
didates for Delegate from Alaska, and for members of the Legislature of 
the Territory of Alaska and for road commissioner, road district No. 3, held in 
the Copper Center voting precinct of the Copper Center recording district, 
third division. Territory of Alaska. 

Of the total number of ballots cast in said precinct by the party, including 
ballots totally blank, as shown by the foregoing tally book, the several candi¬ 
dates for the respective offices received votes as follows, to wit: 

For Delegate from Alaska: Charles A. Sulzer received 17; James Wicker- 
sham received 1. Total number of ballots cast, 18. 

lilNGWALD BlIX, 

Chas. Cowell, 

Sam W. Taylor. 

Election Board. 

Dated at Copper Center, Alaska, this 30th day of April, 1918. 

Exhibit E. 

Election register and tally book for November, 1918, election for Delegate to 
Congress, Members to the Legislature of the Territory of Alaska, and road 
commissioner for the third judicial division of Alaska, Copper Center voting 
precinct in the Chitina recording district. Territory of Alaska, Third Division. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, the undersigned clerk of the district court for the Territory of Alaska, 
third division, do hereby certify that the attached is a full, true, and correct 
copy of the original election register and tally book for November 5, 1918. 
election, held at Copper Center, Chitina recording district, in so far as the 
same relates to the election of Delegate to Congress from Alaska, as the same 
appears on tile and of record in my office. 

In testimony whereof I have subscribed my name and affixed the seal of 
the said court at Valdez, Alaska, this 22d day of August, 1919. 

[SEAL.l Arthur Lang, Clerk. 

oaths of office to be taken by judges of election. 

ITnited States of America, 

Territory of Alaska, Third Division, ss: 

I, T. R. Glass, do solemnly swear that I am a qualified elector residing in the 
Copper Center voting precinct of Chitina recording district; that I will honestly, 
faithfully, and promptly perfofm the duties of judge of election in and for 
said precinct and district. So help me God. 

T. R. Glass. 

Subscribed and sworn to before me tins 5th day of November, 1918. 

[seal.] ■ Chas. Coavell, 

Dvly Authorized Judge of Election. 

Uniticd States of America, 

Territory of Alaska, Third Division, ss: 

I, Chailes Cowell, do solemnly swear that I am a qualified elector residing in 
the Copper Center voting precinct of Chitina recording district; that I will 
honestly, faithfully, and promptly perform the duties of judge of election in 
and for said precinct and district. So help me God. 

Chas, Cowell. 

Subscribed and sworn to before me this 5th day of November, 1918. 

[SEAL.] T. R. Glass, 

Duly Authoi'ized Judge of Election. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 337 


United States of America, 

Territory of Alaska, Third Division ss; 

I, Alva Larson, do solemnly swear that I am a qiialitied elector residing in 
the Copper Center voting precinct of Chitina recording district; that I will 
honestly, faithfnlly, and promptly perform the duties of judge of election in 
and for said precinct and district. So help me God. 

Alave Larson. 

Subscribed and sworn to before me this oth day of November, 1918. 

[SEAL.] T. R. Glass, 

Duly Authorized Judge of Election. 


Num¬ 
ber of 
per¬ 
sons 
vot¬ 
ing. 

Names of voters. 

Voted. 

1 

Chas. Cowell. 

X 

2 

T. R. Glass. 

X 

3 

Alave Larson. 

X 

4 

C. vV. Littlejohn. 

X 

5 

J. B. Pippin. 

X 


Num¬ 
ber of 
per¬ 
sons 
vot¬ 
ing. 

Names of voters. 

Voted. 

() 

John McCrary. 

X 


M. F. Griffith. 

X 

s 

James Mank'. 

X 

9 

Herman Dumarce. 

X 

10 

W. R. Cameron. 

X 


CERTIFICATE. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, T. R. Glass, Chas. Cowell, and Alave liarson, respectively judges and 
clerks of election, constituting the election board for Copper Center voting pre¬ 
cinct, of the Chitina recording district, third division, Territory of Alaska, do 
hereby certify that the within and foregoing election register, containing one 
written page, constitutes a true and correct list of all the names of and all 
data required by law relative to all persons who voted or offered to vote at the 
election held in said voting precinct. Territory of Alaska, third division, on the 
5th day of November, 1918; and that the total number of persons voting thereat 
was 10. And we do further certify that the said election register was kept and 
signed iii duplicate, as required by statute. 

Dated at Copper Center, this 5th day of November, 1918. 

T. R. Glass, 

Chas. Cowell, 

Alave Larson, 

Judges. 


For Delegate to Congress: 

Connolly, Francis_ 0 

Sulzer, Charles A_ 10 

Wickersham, James_ 0 


certificate of judges of election to election returns. 

United States of America, 

Tevrritory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certificate of the result of the November, 1918, election for Delegate to Congress, 
members of the Legislature of the Territory of Alaska, and road commissioner 
for the third division, Territory of Alaska, held in the Copper Center voting pre¬ 
cinct of the Chitina recording district, third division, Terrtory of Alaska, of 
which for Delegate to Congress Francis Connolly received no votes, Charles A. 
Siilzer received 10, and James Wickersham received no votes. 

Dated at Copper Center, Alaska, this 5th day of November, 1918. 

T. R. Glass, 

Chas. Cowell, 

Alave Larson, 
Election Board. 

] 51279—20-22 




























338 WICKERSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 


Exhiiut F. 

Duplicate primary election rejjister and tally book for Sourdough voting pre¬ 
cinct, Copper Center recording district, division No, 8, Territory of Alaska, 
April 30, 1918. 

United States of America. 

Territory of Alaska, Third Division, ss: 

I, tlie undersigned clerk of the District C(nirt for the Territory of Alaska, 
third division, do hereby certify that the attached is a full, true, and correct 
copy of the original duplicate primary election register and tally book for 
Sourdough voting precinct. Copper Center recording district, April 30, 1918, as 
the same appears on file and of record in my office. 

In testimony whereof, I have subscribed my name and affixed the seal of 
the said court at A\aldez, Alaska, this 22d day of August, 1919. 

[seal.] Arthur Lang, Cleric. 

OATHS OF OFFICE TO BE TAKEN BY JUDGES OF ELECTION. 

United States of America, 

Territory'Of Alaska, Division No. 3, ss: 

I, F, A. Lamson, do solemnly swear that I am a qualified elector residing in 
the Sourdough voting precinct, of Copper Center recording district; that I 
will support the Constitution of the United States and that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for 
said precinct and district. So help me God. 

F, A. Lamson, 
Election Judge. 

Subscribed and sworn to before me this 30th day of April, 1918. 

Gabe Asplund, 

Judge of Election. 

United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, Gabe Asplund, do solemnly swear that I ani a qualified elector residing in 
the Sourdough voting precinct, of Copper Center recording district; that I 
will support the Constitution of the United States and that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for 
said precinct and district. So help me God. 

Gabe Asplund, 
Election Judge. 

Sub.'-cribed and sworn to before me this 30th day of April, 1918. 

F. A. Lamson, 

Judge of Election. 

United States of America, 

Territory of Alaska, Division No. 3, ss: 

I, Mrs. Ida Taft, do solemnly swear that I am a qualified elector residing in 
the Sourdough voting precinct, of Copper Center recording district; that I 
will support the Constitution of the United States and that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for 
said precinct and district. So help me God. 

Mrs. Ida Taft, 

Election Judge. 

Sub^'cribed and sworn to before me this 30th day of April, 1918. 

F. A. Lamson, 

Judge of Election. 


Num¬ 

ber. 

Name. 

Residence. 

Party. 

Voted. 

1 

Gabe Asplaiid. 

Our Home. 

Republican... 
.do.. 

Yes. 

Yes. 

Yes. 

Yes. 

2 

F. A. Lamson. 

Sourdough. 

3 

Mrs. N. Yajrer. 

.do. 

.do. 

4 

Mrs Ida Taft. 

.do. 

.do. 



























WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 339 


For delegate from Alaska, Rcgnbliean Party. 

Wickersham, James_ 4 

CERTIFICATE OF RESULTS-REPUBLICAN PRIMARY ELECTION. 

UNm:D States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certiheate of results, of the primary election held April 30, 1918, to elect candi¬ 
dates for Delegate from Alaska, anti for members of the Legislature of the 
Territory of Alaska and for road commissioner, road district No. 3, held in 
the Sourdough voting precinct, of the Copper Center recording district, Third 
division. Territory of Alaska. 

Of the total number of ballots cast in said precinct by the Republican Party, 
including ballots totally blank, as shown by the foregoing tally book, the several 
candidates for the respective officers received votes as follows, to wit: For 
Delegate from Alaska, James Wickersham received 4 votes. 

F. A. Lamson, 

Gabe Asplund, 

Mrs. Ida Taft, 

' Flection Board. 

Dated at Sourdough this 30th day of April, 1918. 

CERTIFICATE OF RESULTS-PRIMARY ELECTION. 

United States of America, 

Territory of Alaska, Third Division, ss: 

We, the undersigned, hereby certify that the following is a true and correct 
certiticate of results, of the primary election held April 30, 1918, to elect 
candidates for Delegate from Alaska, and for members of the Legislature of 
the Territory of Alaska and for road commissioner, road district No. 3, held 
in the Sourdough voting precinct, of the Copper Center recording district, 
Third division. Territory of Alaska. 

(If the total number of ballots cast in said precinct by the Democratic Party, 
including ballots totally blank, as shown by the foregoing tally book, the several 
candidates for the respective oftices received votes as follows to wit: For Dele¬ 
gate from Alaska, James Wickersham received 4 votes. 

F. A. Lamson, 

Gabe Asplund, 

Mrs. Ida Taft, 

Flection Board. 

Dated at Sourdough this 30th day of April, 1918. 

Exhibit G. 

Election register and tally bbok for November, 1918, election for Delegate to 
Congress, members to the Legislature of the Territory of Alaska, and road 
commissioner for the third judicial division of Alaska, Sourdough voting pre¬ 
cinct, in the Chitina recording district. Territory of Alaska, third division. 

United States of Avierica, 

Territory of Alaska, third division, ss: 

I, the undersigned clerk of the District Court for the Territory of Alaska, third 
division, do hereby certify that the attached is a full, true, and correct copy of 
the original election register and tally book for November 5, 1918, election held 
at Sourdough. Chitina recording district, in so far as the same relates to the 
election of Delegate to Congress from Alaska, as the same appears on file and 
of record in my office. 

In testimony whereof I have subscribed my name and affixed the seal of the 
said court at \hildez, Alaska, this 22d day of August, 1919. 

[SEAL.] Arthur Lang, Clerk. 



340 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


OATHS OF OFFICE TO BE TAKEN BY JUDGES OF ELECTION. 

United States of America, 

Territory of Alaska, third division, ss: 

I, INIrs. Fj. GriRitli, do solemnly swear that I am a qualified elector residing in 
the Sourdough voting precinct of Ohitina recording district; that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for said 
precinct and district. So help me God. 

Mrs. E. Griffith. 

Subscribed and sworn to before me this 5j^h day of November, 1918. 

.T. F. Doyle, 

■Judge of Flection. 

United States of America, 

Territory of Alaska, third division, ss: 

I, J. P. Doyle, do solemnly swear that I am a qualified electoi- residing in the 
Sourdough voting precinct of Chitina recording district; that I will honestly, 
faithfully, and promptly perfoian the duties of judge of election in and for said 
precinct and district. So help me God. 

J. F. Doyle. 

Subscribed and sworn to before me this 5th day of November, 1918. 

INIrs. E. Griffith, 

■Judge of Election. 

United States of America, 

Territory of Alaska, third, division, ss: 

I, Homer W. Olts, do solemnly swear that I am a qualified elector residing in 
the Sourdough voting precinct of Chitina recording district; that I will honestly, 
faithfully, and promptly perform the duties of judge of election in and for said 
precinct and district. So help me God. 

Homer W. Olts. 

Subscribed and sworn to before me this 5th day of November, 1918. 

Mrs. E. Griffith, 

Judge of Election. 


Num¬ 
ber of 
per¬ 
sons 
vot¬ 
ing. 

Names of voters. 

Voted. 

Num¬ 
ber of 
per¬ 
sons 
vot¬ 
ing. 

Names of voters. 

Voted. 

I 

Aanna Leak. 

X 

s 

Eli^abeth Griffith. 

X 

2 

Hans Ditman. 

X 

9 

Homer W. Olts. 

X 

3 

George Francis. 

X 

10 

Phil Derail. 

X 

4 

James A. Ellison. 

X 

11 

J. A. Graham. 

X 

.5 

Gabe Asplund. 

X 

12 

F. A. Lamson. 

X 

6 

liUcv Ellison. 

X 

13 

G. B. Rorer. 

X 

7 

J. F; Doyle. 

X 





certificate. 

United States of America, 

Tei'ritory of Alaska, Third Division, ss. 

We, Mrs. E. Griffith, J. P. Dojde, and Homer W. Olts, respectively judges and 
clerks of election, constituting the election hoard for Sourdough voting precinct of 
the Chitina recording district, third division. Territory of Alaska, do hereby cer¬ 
tify that the within and foregoing election register, containing_written 

liages, constitutes a true and coiTect list of all the names of and all data required 
by law relative to all persons who voted or offereil to vote at the election held in 
said A’Oting precinct, Territory of Alaska, third division, on the 5th day of No¬ 
vember, 1918; and that the total number of persons voting thereat was 1.8; and 
we do further certify that the s;Hd election register was kept and signed in 
duplicate, as required by statute. 

Dated at Gulkana, this 5th day of November, 1918. 

Mrs. E. Griffith, 

J. F. Doyle, 

Homer W. Olts, 

Judges. 



























WIGKERSHAM VS. SULZER, DECEASED, AJSTD GRIGSBY. 341 


For Delegate to Congress. 

Connolly, Francis_ 

Siilzer, Charles A_■_ 

Wickershain, James_^_ 


CERTIFICATE OF JUDGES TO ELECTION RETURNS. 


United States of America, 

Territory of Alaska, Third Division, ss. 

e, the undersigned, hereby certify that the following is a true and correct 
certiticate of the result of the November, 11)18, election for Delegate to Con¬ 
gress, meinhers of the Legislature of the Territory of Alaska, and road com¬ 
missioner for the third division. Territory of Alaska, held in the Sourdough vot¬ 
ing i)recinct of the Chitina recording district, third division. Territory of Alaska, 
of which for Delegate to Congress, Francis Connolly received no votes; Charles 
A. Siilzer received 7 votes, and .Tames Wickershain received .7 votes. 

Dated at Giilkana, Alaska, this 5th day of November, 1918. 



Exhibit H. 


Mrs. E. Griffith, 

J. F. Doyle, 

Homer W. Olts, 

Election Board. 


United States of America, Territory of Alaska, 

Third Division, ss: 

I, Arthur Lang, clerk of the district court for the Territory of Alaska, thira 
division, do hereby certify that on the 16th day of July, 1918, I forwarded Dy 
registered mail, in one package, all election supplies, except the official ballots, 
for the November 5, 1918, election, for the voting precincts of Choggiung and 
Nushagak, in the Bristol Bay recording district, third division of the Territory 
of Alaska, to Dr. L, H. French, United States commissioner, Dillingham, 
Alaska; that on August 25, 1918, I forwarded by registered mail, in one 
package, the official ballots for said voting precincts, addressed to said com¬ 
missioner at Dillingham, Alaska. 

That after the date of said election, to wit, on March 24, 1919, I received 
from the election judges at Choggiung, Alaska, one registration book and one 
election register and tally book, giving the official result of the votes cast in 
the Choggiung voting precinct, in said recording district, division, and Terri¬ 
tory, at said election; that attached to said election register and tally book 
was a certificate of the judges of election, duly signed by each of said judges, 
as follows, to wit: 


certificate of judges of election of facts preventing use of official ballots. 

We, the undersigned, constituting the duly fpialified election judges of Chog¬ 
giung voting precinct, of Bristol Bay recording district, of the third division. 
Territory of Alaska, serving for the election held November 5, 1918, do hereby 
certify that no official ballots were received by us, or any of us, for use at said 
election ; and for that reason the voters at said election in this precinct were 
permitted to write or print their ballots, as providetl by section 21 of chapter 
2.5, Session Laws of Alaska, 1915; and return is made accordingly. 

J. C. Lowe, 

Victor Ownby, 

L. D.‘ Nielsen, 
Judges of Election. 

And I do further certify that no returns were received in this office from the 
Nushagak voting precinct, in said recording district, division, and Territory. 

In witness whereof, I have hereunto subscribed my name and affixed the seal 
of said court this 7th da.v of May, 1919. 

rsEAL.l Arthur Lang, Clerk. 

In witness whereof, I hereby subscribe my name and affix the seal of this 
court this 28th day of August, 1919. 

[seal.] 


Arthur Lang, Clerk. 


Cl “J o 





842 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Expttbit I. 


United States of Amektca, Teuhitouy of Alaska. 

Vahlez Precinct, ss: 

To 1). If. Tycr, Mrs. Donald H. Tyer, and Capt. Charles L. Hewcs: 

Yon are hereby reqnii’ed that, all and singular, business and excuses beinj? 
set aside, you appear and attend before the undersigned, .Joseph L. Heed, a 
notary public in and for the Territory of Alaska, at his office in Valdez, Alaska, 
on the 23d day of Aujjust, 1919, at the hour of 11 o’clock in the forenoon of 
said day, then and there to be examined on'oath respecting the matters in 
issue in the contested-election case of Wickersham v. Sulzer and Grigsby, and 
if you refuse and neglect to attend and testify as above required you will be 
subject to penalty and liable to indictment as prescribed by section 116, chapter 
8, Revised Statutes of the United States, 1878. 

Witness my hand and notarial seal this 22d day of August. 1919. 

[seal.] -T. L. Reed, 

Notary Public in and for the Territory of Alaska. 

My commission expires April 28, 1922. 

, Exhibit J. 

To George B. Grigsby and A. J. Dinwnd, his agent, for contestee: 

You ai’e hereby notified that the depositions of D. H. Tyer, Mrs. Donald H. 
Tyer, and Capt. Charles L. Hewes, the two former now being in Valdez, Alaska, 
and Capt. Hewes in Fort Liscum, Alaska, will be taken before .Toseifii L. 
Reed, Esq., a notary public in and for the Territory of Alaska, at his office in 
Valdez, Alaska, beginning at the hour of 11 o’clock a. m. on the 2.3d day of 
August, 1919, the same to be used in evidence in the above entitled proceeding 
on behalf of the contestant, the taking of the said depositions will be con¬ 
tinued until the same are completed. You are notified to be present and cross- 
examine the said witnesses. 

Dated this 22d day of August, 1919. 

.Tames Wickersham, Contestant. 
Exhibit K. 

To George B. Grigsby, contestee, and A. J. Dimond, his agent: 

You are hereby notified that the depositions of E. P. Cashman. IMrs. E. P. 
Cashman, W. S. Beck, Sam Campbell, Walter Stuart, E. E. Ritchie, .1. P. 
Simons, I. Hamburger, .Tames Wickersham, .Tames McHie, C. B. Smith, and 
each of them will be taken before .Joseph L. Reed, Esq., a notary public in and 
for the Territory of Alaska, at his office on the wharf in the town of Valdez, 
Alnska, beginning at the hour of 10 o’clock a. m. on the 28th day of August, 
1919, the same to be read in evidence in the above entitled proceeding on 
behalf of the said .Tames Wickersham, contestant, and that the taking of said 
depositions would be continued from day to day thereafter and over Sundays 
and other holidays, if any, until the taking of the same shall have been 
completed. 

You are requested to be present to take such action as you may deem 
advisable. 

Dated this 23d day of August, 1919. 

.Tames Wickersham, Contestant. 

Served by delivery of copy admitted this 26th day of August, 1919. 

A. .T. Dimond, 

Agent for George B. Grigsby. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 343 


Exhibit N. 

KOSTEK OF DEPOT COMPANY F, SIGNAL COKPS. DECEMBER 81, 1916, GIVING STATIONS 

AND DUTIES. 

Master sijjiial electricians: 

Haniilton, Isaac, Seattle, storekeeper. 

Smith, .Tosepli, Seattle, cashier. 

INInrphy, (Charles, Seattle, chief operator. 

Lojj:hry, Itohert, Fairbanks, O. I. C. 

Perry, .lohii A., Sitka, (). I. 0. 

Faust, Max H., Valdez, chief operator. 

Patton, Robert L., Cordova, O. I. C. 

Sergeants, first class: 

Roberts, (diaries F.. Jiineaii, C. I. C. 

Barrett, Charles, Sitka, cable operator. 

Murphy, Lee, Seward, O. I. C. 

Conway, .Joseph P., Valdez, operator. 

Rose, Luther I., Seattle, cable operator. 
l*erry, Willis ()., Sitka, calile operator, 
laicey, I^anl C., Seattle, cable operator. 

Hoeppel, .John U., Sitka, cable operator. 

McCinillan, Philip F., Ivetchikan, O. I. C. 

Mooney, William I^., Valdez, cable operator. 

Egan, .Tames, Seattle, clerk. 

Perkins, Thomas P., Fort Ward, C. I. C. 

Pittman, Delbert D., Valdez, cashier. 

Gilbert, M'illiam B., Seattle, cable operator. 

Keys, Walter, Sitka, cable oiierator. 

Little, Charles A., Seattle, assistant storekeeper. 

(Jongb, Artbnr W., Seattle, cable operator. 

Williams, Clyde B., Jimean, cable operator. 

Worley, .James W., Burnside, cable work. 

Palmer, Alvin It., Seattle, clerk. 

Brogan, William H., first section, line inspector, 

Ivirk, .Jones H., Valdez, acting first sergeant. 

I^’iich, .John E.,, Seward, cable operator. 

(d)nklin,’ Harry W., Sitka, cable operator. 

Sergeants: 

McNnrney, Michael A.. Wrangell, (). I. C. 

Crawford, Artbnr W., Wrangell, (Operator. 

Hill, Benjamin F., Burnside, radio operator. 

Barbee, ]']dward B., Seattle, cable operator. 

Cable, Samuel H., Sitka, cable operator. 

Sigmon, David S., .Juneau, cable operator. 

(ieogbegan, Nicholas .T,, Fort Lawton, O. I. C, 

.Jandorf, .Jesse R., Seattle, cable operator. 

Billings, Wesley .T„ Valdez, clerk. 

Maxwell, David, Salcha, O. I. C. 

Ivirby, Horace W., Valdez, cable operator. 

Simkins, .James L., Seattle, clerk. 

Higginbotham, Watt G., Hadley, (). J. C. 

Gartrell, Tbeophilus E,, Seattle, clerk. 

Coleman, .Tames G., Fairbanks, operator. 

Lee, Robert H., Seattle, clerk. 

Stebbins, Duton 1j., Sitka, cable operator. 

Montgomery, Ellis R., Seward, cable operator. 

Hague, .Tames E., Seattle, assi.stant auditor. 

Sanford, Homer A., Skagway, O. I. C. 

Warden, Lloyd L., Sitka, cable operator. 

Quist, .Tesper S. M., .Juneau, cable operator. 

Irvine, Harry W., Douglas, O. I. C. 

Bethea, .Tap F., Seattle, clerk. 


344 WK^^EESHAM YS. SULZER, DECEASED, AND GRIGSBY. 


Corporals: 

Kinlock, Puniest 1*., Teikhell, O. I, C. 

Slmtts, Harry, Fairbanks, enj?ineer. 

Scaiiland, Louis W., Haines, O. I. C. 

Custer, Theodore, Seattle, cable student. 
McT.an.c:hlin, William W,, ITtersbnr^, O, I. C. 
Whitman, Horace W., Sitka, cable operator. 
HeTmnj»-. Leonard J., Seattle, clerk. 

Sterling;, Cyril S., Valdez, cable operator. 

Noaks, Richard H. L., Copi)er Center, O. 1. C. 
Snyder, Bni-r M., Sitka, cable operator. 
Hardman, Robert L., Sitka, cable operator. 
Woofter, Cdarence J., Jiinean. cable operator. 
Gnthridjie, Walter M., Seattle, cable operator. 
Hawley, Gny B., Seattle, cable operator. 

Kott, Alex A., Ketchikan, oi)erator. 

Ayers, Thomas E,, Valdez, storekeeper. 

Downer, Arthui- .T., Wrangell, operator. 

Pegnes, .John P]., P^airbanks, operator. 
Rowbottom, Henry T., Valdez, lineman. 
Blanchette, Charles L., Paxson, O. I. C. 

McNally, Richard, IMcCallnm, O. I. C. 

Trenker, .Joseph, Donnely, O. J. C. 

Elmqnist, Jindolph, Valdez, cable student. 
Boardman, Fay, Hogan, O. J. C. 

.Johns, Clarence INI., Richardson, O. J. C. 

Hai'per, J.eon F., Seattle, cable operator. 

Motyka, .John .7., Valdez, cable student. 

Rogers, William R., P"'ort lasciim, (). J. C. 
Privates, first class: 

Agnetti, Charles A., Fairbanks, operator. 

Barnes, Nathan .T., Burnside, radio operator. 
J7eal, Jke A., Cordova, operator. 

J7eran, Paid, Paxson, lineman. 

Blackburn, Felton E., Valdez, cable student. 
Botway, Abraham M., Valdez, cable student. 
Clifton, Howard G., Haines, operator. 

Cummins, Ralidi N., Seattle, cable student. 
Davis, Thomas H.. Teikhell, O. I. C. 

Ellison, Anderson, Gulkana, O, J. C. 

Field, Clyde T., Tonsina, O. J. C. 

P^ister, Austin J^., Fairbanks, operator. 

Gilpin, William, Fairbanks, operator. 

Gritiin, Thomas G., Fairbanks, operator. 
Grossbard, David, Wortman, O. J. C. 
Gudzewaty, Nicholas V., “ Dix,” radio operator. 
High, Benjamin V., Seward, cable operator. 
Hocker, Durwood M., Fairbanks, engineer. 
Hoots, Roy, Thompson Pass, O. J. C, 

Jvirby, William A., Fairbanks, lineman. 

J.iee, Jioger W., Burnside, radio operator. 

Jvines, Ploxie H., Beaver Dam, O. J. C. 
l.oder, Daniel J^]., P^irt Jdscum, lineman. 
McJ..aughlin, Harry W.. McCarty, O. J. C. 
Meyerson, Raphael. Fairbanks, operator, 
Neininger, Frank .T., Valdez, lineman. 

Nicholas, Warren, Cordova, messenger. 

Jtichards, Jasper R., Burnside, radio operator. 
Scearce, Robert J^., Valdez, liable operator. 
Schulze, William F., Valdez, lineman. 

Selman, William INJ., IGirt Worden, O, J. C. 

Shell, Imy W., “Dix,” O. J. C. 

Stenbuck, Herman B., Fairbanks, operator. 
Tubbs, Cary J./., Juneau, cable operator. 

Whipple, William E., Hogan, lineman. 


WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 345 


ROSTEK of DEPfiT COMPANY G. SIGNAI, COIIP.S, J.ECEMBEE 31, 1910, GIVING STATIONS 

AND DUTIES. 


actiIlf' tir.st sergeant, 
property clerk, 
inspector. 

(). I. C. 


Master .signal electrician : Inman, William PL, Nome, O. I. C. radio 
Sergeants, first class: 

Collins, Ambrose S., Cibbon, 

Stolze, Charles W., Gibbon, 

Hector, Van B., INIelozi, line 
Kyttle, Luther, St. Michael, 

Sherlock, John ()., Gibhon, company clerk. 

Mill kins, Che.ster B., Nenana, O. if C. 

Grantham, Haymond A., Nome, O. I. C., city 
Sergeants: » . • 

IVInrphy, Charles B., Port Plgbert, O. I. C. 

Campbell, .Tames INI., Gibbon, line in.spector. 

ITainline, Richard L., Fort Yukon, O. I. C. 

Gilmore, Lee, Gibbon, storekeeper. 

Barr, William T., Hot Springs, (). I. C. 

Helms, Sidney L., Chrcle, O. I. C. 

Copley, Gilmer W., Letterman General Hospital, sick. 

^Iiinson, Samuel H., Nnlato, O. I. C. 

Corporals: 

Sanford, Thomas E., Gibbon, sick, hospital. 

Price, Charles D., Nome, operator, city. 

Hanson, Leonard, Nnlato, radio engineer. 

Bell, Myron ()., Nenana, line inspector, 

Anderson, .Tames H., St, INIichael, operator. 

Rohling, Arthur H., Fort Yukon, radio engineer. 

Wescott, Howard G., Nnlato, operator. 

Pedersen, Albert E., Louden, O. I. C. 

Delias, Walter H., Gibbon, chief operator and cashier, 
Winkler, Frank C., Gibbon, clerk. 

Hamby, George AV., Gibbon, operator, 

Barnet, George S., Fort P]gbert, radio engineer. 

Curlee, Janies W., Alelozi, O. I. C. 

Cook, Selk, Louis G., Gibbon, cook. 

Priyates, tir.st class : •• 

Barnett, George W., Nnlato, operator. 

Belcher, William N., Nnlato, lineman. 

Belgard, John E., Nome, radio operator. 

Boon, James W., St, Alichael, operator. 

Champlain, .Tohn H.. St. Michael, operator. 
p]dwards, .Tohn C., Eureka, O. I. C. 

Finley, Claude, Nnlato, operator. 

Fitzwillians. Basil, Gibbon, assistant storekeeper. 

Freeman, William N., St. Michael, operator. 

Gray, I-Cngene LT.. Nome, radio operator. 

Growden, William N., Ivoynknk, O. I. C. 

Helms, Nathan, Gibbon, lineman. 

Hendrix, George R.. Rampart, O. I. C. 

Holliday, Richard C.. Melozi, operator. 

Hildebrand, .Tohn G., Nnlato, lineman. 

Hnhndorf, Alax T^., Ivokrines, O. I. C. 

Hull, Roy, Gibbon, messenger. 

Humble, Elmer H., St. Michael, radio engineer. 

Ivaiser, Henry S., Birches, O. I. C. 

Ivennedy. Elbert S., Chena, O. I. C. 

Labrie, Isidore, Fort Egbert, operator. 

Lake, James P., Nnlato, operator. 

Matthews, Thomas E., Gibbon, operator. 

MacDowell, James S., h^irt Egbert, operator. 

McLeod, Elwin, Nnlato, clerk. 

McQueen, Anris W., Gilibon, operator. 

Alodeweg,- Axel W., Gibbon, engineer. 

Owen, Thomas J., Nome, radio engineer. 


346 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Privates, first class—Continued. 

Peppersack, Barney R., Fort Egbert, operator. 
Rippberger, Myron, Nome, radio operator. 
Rothacher, Norman W., Nome, radio operator. 
Roy, William, Fort Davis, O. I. C. 

Stroupe, Clement C., Nulato, operator. 
Swenson, John A., Tolovana, O. I. C. 

Toland, Edward J., Gibbon, lineman. 

Tyler, Andrew V., Nenana, operator. 

Young, Glenn, Gibbon, assistant property clerk. 
Privates: 

Bridgewater, Sidney, Gibbon, watchman. 
Legier, Lester B, Gibbon, lineman. 

Wilson, Ralph O., Gibbon, dog teamster. 


Exhibit 0. 

Official returns of the election of Delegate from Alaska, members of the fourth Territorial Legislature, and road commissioner, held Nov. 5, 1918. 

FIRST DIVISION. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 347 


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348 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


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SECOND DIVISION. 


WTCKEPvSHAM VS. 


SULZEK, DECEASED, AND GRIGSBY. 


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349 



























































































Official returns of the election of Delegate from Alaska, members of the fourth Territorial legislature, and road commissioner held Nov. 5,1918 —Continued . 

THIRD DIVISION. 


350 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY 


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Official returns of the election of Delegate from Alaska, members of the fourth territorial legislature, and road commissioner, held Nov. 5,1918 —Continued. 

FOURTH DIVISION. 


352 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


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354 WICKKRSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Exhibit P. 

Contested-election case of .Tames Wickersham v. Charles A. Siilzer. (Omitted 
in printing.) 

Exhibit R. 

[From the Valdez Miner, Saturday, May 17, 1919.] 

ATTEMPT TO FORCE SOLDIERS TO TESTIFY PROVES A.FARCE-WICKERSHAM BLUFF FAILS 

TO WORK-NO PROOF GIVEN TO SHOW THAT WICKERSHAM HAD FILED CONTEST- 

SOLDIERS REFUSE TO ANSWER. 

The taking of testimony in the contest alleged to have been tiled hy .Tames 
Wickersham for the seat in the House of Representatives in Washington as 
Oelegate from Alaska before Isaac Hamburger, notary public, was held in the 
district court room Wednesday morning at 10 o’clock. 

At the opening of the hearing Attorney J. L. Reed announced that he repre¬ 
sented Mr. Wickersham, the contestant, and that he would excuse from the 
witnesses subpoenaed Capt. M. H. Faust and Q. M. Sergt. Charles Odle. 

Attorney A. J. Dimond announced that he had been retained to represent 
the witnesses subpoenaed, and before proceeding further with the hearing he 
would ask the officer issuing the subixenas on what authority the writs were 
issued. In reply to this question Mr. Hamburger stated that under the law 
governing contests a notary public has the authority to issue subpoenas upon the 
application of either party to a contest, that IMr. Wickersham had stated to him 
that he (Wickersham) had filed a contest with the Clerk of the House of Repre¬ 
sentatives and upon this statement the subpoenas had been issued. 

]Mr. Dimond then asked what further proof, if any, Mr. Hamburger had that 
the contest had been actually tiled, to which Mr. Hamburger replied that he 
had none. 

Mr. Dimond then requested that Mr. Reed, as the representative of Mr. Wick¬ 
ersham, produce proof that Mr. Wickersham had legally filed a contest with the 
Clerk of the House of Representatives as required by law. Mr. Reed stated 
that he would offer no proof. 

]Mr. Dimond then stated that he was confident that no contest had ever 
been filed by Mr. Wickersham and demanded to know when and upon whom 
the notice of contest required by law had been served and upon whom and 
when the notice of hearing as required by the statutes had been served. Mr. 
Hamburger stated that he did not know and Mr. Reed stated that he had no 
information to give out. 

Mr. Reed requested that the record of the hearing show that he objected 
to Mr. Dimond’s appearing at the hearing, declaring that the witnesses had 
no right to counsel. 

Mr. Dimoi-'d then stated that in his opinion the provisions of the statute 
governing contests in the House of Representatives had not been complied with, 
and that the whole proceeding was null and void, and that he would advise 
those witnesses whom he represented to answer no questions. He stated that 
these witnesses were ready and willing to give their testimony in any proceed¬ 
ing legally had, but that the present hearing was a farce. 

Mr. Reed announced that he was ready to proceed with the hearing and 
called Harry Shutts as the first witness. IVIr. Shutts refused to answer to his 
name or to any further questions, and in like manner Emil Lains, A. A. Kott, 
Charles Agnetti, W. J. Cuthbert, D. H. Tyer, Thomas F. Griffith, Burr M. 
Snyder, H. G. Clifton, William R. Rogers, and H. Van Wyck were called and 
refused to answer. 

Mr. Dimond then announced that in behalf of these witnesses he desired to 
enter a protest against the entire proceedings. He declared that the issuing of 
the summons was an abuse of judicial process, and that IMr. Wickersham was 
fully aware of the fact when he requested the issuing of the writs. To this 
statement Mr. Reed took an exception. 

.On or about IMay 9, 1919, Mr. Wickersham applied to Isaac Hamburger, who 
is a notary public, requesting him to issue subpoenas for a number of men in 
the Signal Corps of the United States Army at Valdez, Alaska, and some 
others. Mr. Wickersham assured Mr. Hamburger that a contest had been duly 
and regularly instituted and that all of the necessary preliminary steps had 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


355 


been tuken. Upon such nssnrance, and believing that the entire proceeding 
was legal and proper, ]\Ir. Hamburger issued the subpoenas requiring the 
attendance of the witnesses named by Mr. Wickersbam. These witnesses all 
appeai-ed ot the appointed time at JO a. m. on May 14, 1919. The witnesses, 
however, upon advice that no contest was or could be really pending and that 
none of the steps required by statute had been complied with, refused to be 
sworn or to testify, and do proof was offered or attempted to be offered that 
the requisite steps for maintaining a contest had been taken as required by law. 

There can be no question that there is no contest now pending for the" office 
of Delegate from Alaska to the House of Represertatives under the election 
held November 5, 1918. The contest proceeding is purely statutory. In the 
absence of the provisions of the statute above mentioned no contest whatever 
could be had, except under such rules and restrictions as Congress might 
specially provide. Each House of Congress by the Constitution is made the 
sole judge of the qualiticatioDs of its Members, and the House could seat one 
man and unseat another for any reason, or no reason, if it should see fit. But 
when it comes to the matter of issuing subptenas to take depositions each and 
every one of the steps prescribed by law must have been substantially complied 
with before jurisdiction is acquired, or the witnesses are compelled to appear. 
In this case none of those steps have been taken. No notice of contest had been 
served upon IMr. Sulzei’, and no notice was given of the time and place of 
taking the depositions, or rames of the witnesses to be examined, nor could 
any such notice be given. It will prol)ably be argued that since Mr. Sulzer 
was dead, and that it was therefore impossible to give notice, none was re¬ 
quired ; but such is not the case. IMr. Sulzer’s death rendered it impossible 
for anyone to contest his seat until CoDgress shoidd assemble and give per¬ 
mission therefor, and pj-escribe the ju-ocedure. 

As soon as the subpcenas were issued to the Signal Corps men the Miner 
wired .luneau to find out if any contest had really been started. Mr. D. B. 
Chace, the secretary for iMr. George B. Grigsby, made a full investigation and 
found that no contest had been made or could be made under the circumstances. 
The attempt, therefore, to get de})Ositions at Valdez was absolutely null and 
\a>id, and the subpoenas issued were issued without right, and no one was 
under any obligation thereby to appear or testify. 

The attemi)t of Mr. Wickersham to force the soldiers to appear before a 
judicial executive and tell how they voted, appears to have been a deliberate 
and conceived fraud, without legality, and shady in its methods in that Mr. 
Wickersham stated to the notary that he had already tiled his contest, knowing 
as a lawyer that such contest could not be tiled until a successor to Mr. Sulzer 
had- been elected, and knowing also that such subpcenas were illegal until the 
proi)er steps had been taken toward tiling the contest. 

The soldiers and citizens of Valdez are naturally very indignant over the 
attempt to defraud them of their privileges as American citizens in keeping 
the ballot secret, and public condemration of the methods employed to bring 
these men before a notary is universal. 

THE WAY OUT. 

Followers of Mr. Wickersham in this city as well as those politically opposed 
to him believe that he should abandon all idea of a contest for the delegateship 
and go before the people in the June .3 election. These men rightfully claim 
that if IMr. Wickersham is wanted by the people of Alaska he will be elected; 
if he is not wanted, it is better for the Territory that he be deprived of doing 
further damage to our interests by giving a majority against him that* will 
everlastingly retire him from politics in Alaska. 

From all parts of the Territory, from Democrats and Republicans alike, comes 
the demand that IMr. Wickersham decide the recent election by appearing again 
before the voters. That he fears to do this and prefers to go before men un¬ 
acquainted with his proclivities for exaggeration is shown by a statement 
alleged to have been made in this city on his recent visit, when he said: “ I 
do not want this office and would not make this contest, but so many persons 
have urged me to make the attempt that I will l)e forced to do so.” 

The recent illegal stunt pulled off in this city shows to what length the 
ex-Delegate will go to hang on to his salary as Delegate. It also shows that 
in ways that are devious and full of guile Mr. Wickersham is past master. 
If he has the indorsement of as many Alaskans as he claims, the election will be 


356 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


a walk away for him. If he has not, tlie Territory will be piir^ecl of its 
grentest (Irawl)ack for progression and advancement. 

Will he allow the people to decide the question, instea(l of a biased and mis¬ 
informed congressional committee, thousands of miles from the facts in the 
case? 

We are convinced that he will not! 

James Wickersham shook the dust of Valdez from his feet Sunday and left 
for Juneau, after a fruitless quest here for evidence in his coming contest. 

]\Ir. James Wickersham in the last contest stated that the natives of Alaska 
were “not Indians but meek, gentle, inoffensive Russians.” While in Ketchi¬ 
kan a week or so ago he prepared a list of the Indians who voted in the first 
division and will clmrge they voted illegally. The difference between a native 
in the first division and a native in the third division depends upon who they 
voted for. 


Exhibit S. 


[From The Daily Alaska Citizen, Saturday, May 17, 1919.] 

j 

wick’s BI UFF to SECUEE yiUCH TESTIMONY CALLED ; PETITIONS FOE EX PAETE 

HEAEING DENIED. 

In the district court yesterday afternoon at 2 o’clock Judge Charles E. 
Kunnell handed down an opinion denying the petition of James Wickersham, 
through his attorney Morton E. Stevens, for the issuance of subpmnas for 
four members of the Signal Corps detachment at Fairbanks to appear and 
testify regarding their alleged voting in the general election last November. 
Those for whom subpoenas were requested are John E. Pegues, Durwood M. 
Hocker, Pilmer D. Whittle, and Herman B. Stenbuck. 

Local members of the legal fraternity are apparently puzzled over the filing 
of such a petition bj’ Mr, Wickersham. It is not understood in what manner 
testimony such as was desired by the petitioner could have any bearing on a 
contest which might be filed before the House of Representatives, as ex parte 
proceedings have not been recognized by the House in contested-election 
cases. 

In the opinion of local Democratic leaders, it is another case of bluff. They 
declare that he must have known that he was overstepping his rights when 
he attempted to force a hearing when it could not be shown that he has filed 
a contest, or that he intends to do so. Neither Attorney Stevens nor Mr. 
Wickersham’s local representative, Henry T. Ray, could or did produce any 
oiHcial or unofficial notice that a contest had been filed. 

That similar proceedings were instituted in other parts of the Territory 
by Wickersham is evident from a telegraphic dispatch received last night 
by the Citizen from the Miner of Valdez. This message follows, and in some 
respects is enlightening: 

“In the taking of testimony relative to an alleged contest for the seat of 
the late Charles A. Sulzer, before 1. Hamburger, a local notary public, J. L. 
Reed represented Janies Wickersham and A. J. Diamond appeared for the 
witnesses, soldiers stationed at Valdez and Fort Liscum. At the opening of 
the hearing Mr. Diamond requested the notary to show any authority he 
had for the proceedings. Notary Hamburger replied that he had been advised 
by Mr, Wickersham that the contest had been filed with the clerk of the 
House of Representatives at Washington. When asked by the attorney for 
further proof of such filing, the notary replied that he had none. 

“Attorney Diamond then asked Mr, Wickersham’s lawyer, Mr. Reed, to 
produce proof that his client had legally filed a contest before the House, 
as required by law. Mr. Reed replied that he could offer no proof. IMr. Reed 
also ob.iected to Attorney Diamond’s appearance at the hearing, declaring 
that the witnesses had no right to counsel, 

“Mr. Diamond then stated that, under the provisions of the governing statute 
in such proceedings, he would advise the witnesses to answer no questions, 
stating, further, that all the witnesses were ready and willing to give testi¬ 
mony at any legal proceeding, but that the present hearing was but a farce. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 357 


“C'apt. M. H. Faust and Ser,s:t Odel were excused by the notary and 
]\Ir. Wickerslmin’s attorney from appearing?. It was known that Capt. 
Faust could prove himself a legal resident and a (pialitied voter in Alaska. 
Sergt. Odel was excused because he was a Republican. At the time Mr. 
Wickersham was in Valdez, shortly after the subpcenas for the hearing were 
issued, the sergeant met Wick on the street and informed him that he 
(Odel) is now and had always been a inemher of the Republican Party. 
Whereupon Wickersham told him to pay no attention to the summons. 

“The remaining witnesses were called and refused to answer to their 
names or to reply to any further (piestioning. Attorney Diamond announced 
that he desired to enter a protest against the entire proceedings. He declared 
that the issuance of the subpoenas was an abuse of a judicial process and 
that Wickersham was fully aware of that fact when he requesto^d the issuance 
of the writs. 

“United States Marshal Brenneman was the only witness to testify. He 
was questioned regarding the vote of Deputy Mossman, of Anchorage, who 
was present and voted in Valdez at the last election.” 

]Many people believe that the real reason was not to get evidence to use in 
any contest, but that Wickersham had some ulterior motive in view. 

Ex HI HIT T. 

Unitp:d States of America, 

Tenitory of AhisJ^a, Office of i^ecretary for the Territory: 

I, Charles E. David on, secretary of the Territory of Alaska and custodian 
of the great seal of said Territory, do hereby certify that the hereto attached 
is a full, true, and correct copy of House hill No. 54, entitled “An act providing 
for a special election to till a vacancy in the office of Delegate from Alaska in 
the House of Representatives, and declaring an emergency,” approved April 28, 
1919, as the same is tiled in my office. 

In testimony whereof I have hereunto : et my hand and affixed hereto the 
seal of the Territory of Alaska, at .Juneau, the capital, thi - idth dav of Mav- 
A. 1). 1919. 

[sear.] Charles E. Davidson, 

Secretary of Alaska. 

[In the House. By Mr. Casey.] 

HOUSE BILL NO. 54, TERRITORY OF ALASKA, FOURTH SESSION. 

A BILL For an act entitled “An act providing for a special election to fill a vacancy in 

the office of Delegate from Alaska in the House of Representatives, and declaring an 

emeigency.” 

lie it enacted by the LeyisJatnre of the Territory of Alaska: 

Section 1. In case of a vacancy caused by death, resignation, incapacity, or 
from any other cause in the otlice of Delegate from Alaska in the House of 
Representative , tlie governor of the Territory of Alaska shall cause a special 
election to he held to till such vacancy and shall issue a writ ordering such 
special election to he held not less than 80 days from the date of the writ. The 
governor shall, immediately upon the issuance of the writ, notify the clerk of 
the United States di trict court of each division of the Territory of the issu¬ 
ance thereof, giving such notice by telegraph where necessary, and the clerk 
of the court of each division of the Territory shall immediately cause notice 
of such writ to he given to the city council of each incorporated town in his 
division and to each United States commi.ssioner therein by the most rapid 
mean-' of communication, telephone, telegraph, or otherwise. 

l"l)on the receiiit of such notice, it shall he the duty of the common council 
of each_ incorporated town to at once give notice of the election by posting a 
written or printed notice in three public places in each precinct in said town, 
specifying the time, place,” and imrpose of the election, and in case there are 
one or more newsiiapers of general circulation published in the town, then a 
copy of such notice shall he published at leaH once in one of such newspapers 
prior to the date of election. 


358 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


The coinnioii council of each iiicorporntecl town siiall also, at the time of 
providing for the giving of notice, appoint three judges of election and two 
clerks for each voting precinct, all of whom shall he qnalitied voters of the 
precinct; and no more than two judges and one clerk shall belong to the same 
political party; and shall imme(liatey notify said judges and clerks of such 
appointment. 

The United States commissioner in each recording district shall, upon re¬ 
ceipt of said notice from the clerk of the court, at once proceed to give notice 
of the election by posting written or printed notices thereof specifying the 
time, place, and purpose of the election, which notices shall be posted as fol¬ 
lows; One at the office of the commissioner in said recording district and one 
in each of three conspicuous public places in each of said voting precincts in 
said recording di? trict, one of which shall be the polling place in the precinct. 

The failure of any commissioner to post said notices, as herein provided, on 
account of notice not having been received by him from the clerk of the court 
in time, shall not invalidate the election held in any precinct if held at the 
time provided for in the writ issued by the governor of Alaska. 

Each United States commissioner shall abo select, notify, and appoint from 
the qnalitied electors in each voting precinct three judges of election tor said 
precinct, not more than two of whom shall be of the same political party. 

Upon the failure of any United States commissioner to appoint and notify 
judges of election as herein provided, the qnalitied voters present, at any 
election precinct on the day of election, may select judges by viva voce vote in 
the same manner as provided by law in case where judges of election fail to 
appear and qualify. 

Sec. 2. The election precincts in and outside of incorporated towns shall be 
the same as, those established for the last previous general election. 

Sec. 3. The election, when held, shall be governed by the laws of Congress 
regulating general elections in the Territory of Alaska, except as otherwise 
provided by this act: Provided, That in the canvassing of the returns the can- 
va; sing board may, in their discretion, accept telegraphic returns from the 
clerk of the court of each division, and that a certiticate of election may 
issue, prior to the receipt of the returns from all election precincts, when it 
is apparent that the vote cast at the missing precincts will not change the 
result. 

Sec. 3i. That the qualilications of voters at said special election shall be the 
same as those prescribed by the laws of Congress and the Territory of Alaska 
covering general elections. 

Sec. 4. The provisions of chapter 25 of the Session Laws of Alaska, 1915, 
entitled “An act to provide official ballots for elections in the Territory of 
Alaska,” shall not apply to the special elections provided for in this act. 

Sec. 5. It shall be the duty of the clerk of the court in each division to provide 
and furnish to each United States commissioner therein necessary election sup¬ 
plies, stationery, duplicate registers and tally sheets for use in the various pre¬ 
cincts, and to forward the same to such commissioners as soon as possible after 
receipt by said clerk of the notice of the issuance of the writ of election, but in 
any precinct where such supplies fail to arrive the judges and clerks of election 
shall provide the necessary supplies, stationery, registers, and tally sheets. 

Sec. 6 . That an emergency is hereby declared to exist and this act shall take 
effect from and after its passage and approval. 

Passed the house April 23, 1919. 

E. .T. White, 
Speaker of the House. 

Attest: 

Hakry F. Morton, 

Chief Clerk of the House. 


Passed the senate April 25, 1919. 


Attest: 

T. M. Reed, 

Secretary of the Senate. 
Approved April 28, 1919. 


.James Frawley, 
President of the Senate. 


Thomas Riggs, Jr., 

Governor. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 359 


Exhibit U. 

Juneau, Alaska, April 28, 1919. 

I have to-day issued the followiiij? writ of election to till vacancy in office of 
Delegate from Alaska: 

“ To ii'hom concerned: 

“ Whereas a vacancy exists in the office of Delegate from Alaska in the House 
of Representatives of the United States, said vacancy having been caused by 
the death on the 15th of April, 1919, of the Hon. Charles Sulzer, Delegate from 
Alaska in the House of Representatives of the United States: 

“ Now, therefore, I, Thomas Riggs, jr., governor of the Territory of Alaska, 
under and by virtue of the authority conferred upon men by act of the Legisla¬ 
ture of the TYrritory of Alaska entitled ‘An act providing for a special election 
to fill a vacancy in the office of Delegate from Alaska in the House of Repre¬ 
sentatives, and declaring an emergency,’ approved April 28, 1919, do hereby 
order that an election he held in the Territory of Alaska on Tuesday, the 3d 
day of .Tune, 1919, for the purpose of electing a Delegate from Alaska in the 
House of Representatives of the United States to fill the vacancy caused as 
aforesaid. And the clerks of the United States district courts of the several 
judicial divisions of the Territory are hereby directed to forthwith cause notice 
of this writ to be given to the common council of each incorporated town in 
their respective divisions and to each United States commissioner therein by 
the most rapid means of communication—by telegraph, telephone, or otherwise. 
And the common council of each incorporated town in the Territory of Alaska 
is hereby directed to forthwith give notice of the election hereby called by 
posting written or printed notices thereof in three public places in each precinct 
in said town, specifying the time, place, and purpose of such election, and in 
towns where there is a newspaper of general circulation published, to cause a 
copy of such notice of election to he inihlishevl at least once in such newspaper 
l)rior to the date of election. And the common council of each incorix>rated 
town is further directed to forthwith ai)point three judges of election and two 
. clerks, and to notify said judges and clerks of their appointment. Not more 
than two judges and one clerk shall belong to the same ]>olitical party. 

“And the United States commissioner in each recording district is hereby 
directed to forthwith give notice of the election hereby called by posting written 
or printed notices thereof, specifying the time, place, 'and purpose of the elec¬ 
tion, and such notices shall he po.sted as follows; One at the office of the com¬ 
missioner of said recording district and one in each of three conspicuous places 
in each of the voting precincts in said recording district, one of which shall he 
the iiolling place in the precinct. And the United States commissioner in each 
recording district is further directed to forthwith appoint three judges of elec¬ 
tion for each voting precinct in said recording district, not more than two of 
whom shall be of the same political party. The election precincts in and outside 
of incorporated towns shall be the same as those established for the last pre¬ 
vious general election. The election, when held, shall be governed by the laws 
of Congress regulating general elections in the Territory of Alaska as set forth 
in chapter 2, title 11, of the Compiled Laws of Alaska. The qualification of 
voters at the special election shall be the same as those prescribed by section 
394, chapter 2, title 11, of the Compiled Laws of Alaska, as modified by chapter 
1 of the Session Laws of Alaska for 1913, entitled ‘An act to extend the elective 
franchise to women of the Territory of Alaska,’ approved March 21. 1913. The 
form of ballot shall be the same as that prescribed by section 400, chapter 2, 
title 11, of the Compiled Laws of Alaska, and the provisions of chapter 25, 
Session Laws of Alaska, 1915, entitled ‘An act to provide official ballots for 
elections in the Territory of Alaska,’ shall not apply to the election hereby 
called. 

“ Given under my hand and the seal of the Territory, at .Juneau, the capital, 
this 2Sth day of April, in the year of our Lord one thousand nine hundred and 
nineteen and of the Independence of the United States the one hundred and 
forty-third. 

“ Thom.\s Riggs, Jr., Governor.'* 


360 WTCKEKSHAVI VS. SULZER, DECEASED, AND GRIGSBY. 


TESTIMONY FOR CONTESTEE. 


NOTICE OF TAKING DEPOSITIONS. 


To the Hon. James Wickershani, eontestant, and J, Ij. Reed, his dnlif authorized 
agent: 

You and each of you will please take notice that the testimony hy depositions, 
of the hereinafter-named witnesses, on hehalf of the above-named contestee, 
will he taken before Frank H. Foster, a notary public for the Territory of 
Alaska, commenciiifj;- at 2 o’clock in the afternoon of the 19th day of September, 
1919, and continuinji’ from day to day until all of said depositions are taken, 
at the law otlice of Frank H. Foster, in the town of Cordova, Territory of 
Alaska. 

The names of the witnesses whose testimony is to be thus taken are as fol¬ 
lows : .1. A. Cohn, Sarah Cohn, Anna Bartell, Frank Stump, Mrs. Frank Stump, 
Arthur Pinkus, Gus Cozakas, William Currie, Barl)ara Keating, Mrs. W. H. 
Greaves, Nellie Crjiwford, L. ^I. Saby, Frank Miller, Roy Walker, Fred Schramm, 
.1. H. Ross, Mrs. A. L. Spencer, Theodore Stansland, Fred Van Camp, PFlwarcl 
r\ Medley, R. H. L. Noaks, T. .1. Donohoe, Charles Derry, K. G. Robinson, and 
others whose names to the contestee are unknown. , 

Whereof you will take due notice. 

George B. Grigsby, 

Contestee, 
By T. .1. Donohoe, 

Agent and Attonieg for Contestee. 


Service of the above-named and foregoing notice is hereby accepted at Valdez, 
Alaska, this 12th day of September, 1919. 


.Tames Wickp:rsham, 


Contestant, 

By J. L. Reed, 

Authorized Agent for Contestant. 


Cordova, Alaska, 
September Id, 1919. 

Be it remembered, that i)ursuant to the statutes of the United States, relative 
to the contest in the election c-ase and proceedings in the case of James Wicker- 
sham r. Charles A. Sulzer, and James Wickershani r. George B. Grigsby, con¬ 
testing the election case in the House of Representatives for the right to a seat 
as delegate from the Territory of Alaska, and pursuant to the hereto attached 
notice of taking depositions on behalf of contestee, George B. Grigsby, said 
jiarties appeared before the Hon. Frank H. Foster, notary public for Alaska, 
at his office in the town of Cordova, Alaska, on the 19th day of September, 
1919, there being present: The Hon. Frank H. Foster, notary public; Frank 
Burns, stenographer; George Dooley, appearing as attorney for James Wicker- 
sham, contestant; and T. J. Donohoe, appearing as attorney for George B. 
<Jrigsby, contestee, the following proceedings were had: 

DEPOSITION OF MRS. HANS HANSON. 

Mrs. HANS HANSON, a witness on behalf of George B. Grigsby, was first 
duly sworn by the notary public, Hon. Frank H. Foster, to tell the truth, the 
whole truth, and nothing but the truth, and testified as follows: 

Direct examination by T. J. Donohop:, attorney for contestee: 

Q. Please state your name.—A. Mrs. Hans Hanson. 

Q. When were you and Mr. Hanson married, about when?—A. The 2Gth of 
July, 1919. 

(j. AVhat was your name before being married?—A. Nellie Crawford. 

Q. AA’hen did vou first come to Alaska?—A. The 1st of Mav, 1918. 

Q. 1918?—A. Yes; 1918. 

Q. How long did you reside in Alaska before the 5th day of November, 
1918?—A. Six months. 

Q. Were you present in the town of Cordova, Alaska, on the 5th day of 
November, 1918, at the time of a general election, the election throughout 
the Territory of Alaska for the purpose of electing a Delegate from Alaska 
to the Congress of the \ tilted States?—A. Yes. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 361 


Q. Did yon on tlint day vote at tlie general election held in the town of 
(’ordova voting precinct for the Territory of Alaska?—A. Yes. 

(}. For whom did yon vote for Delegate to Congress from Alaska at the 
election? 

Mr. Dooley. I object to the question, on the grounds that the witness voted 
in compliance with the laws and rnh's of Alaska, of the town of Cordova, 
under ordinance 85, section 30, making it a misdemeanor to divnlge the nature 
of one’s vote. I refer ])articnlarly to section 34, ordinance 35. 

Mr. Donohoe. Attorney for contest^'e states that the ordinance cited by 
counsel for .Tames Wickersham. is a mnnicipal ordinance governing the mu¬ 
nicipal election in the town of Cordova, Alaska, and has no application what¬ 
ever to the general election throughout the Territory of Alaska on the 5th 
day of November, 191S, and the witness is requested to answer the question, 
for the reason that her testimony shows that she was not a legal voter at the 
said election, owing to the fact that she had resided in Alaska hut six months 
previous to the holding of said election. 

Mr. Dooley. I object to the question further that Americans have the right 
to vote and according to law can not he compelled to answer for whom she 
voted. 

IMr. Donohoe. Counsel for contestee agrees that a legal voter can not he 
compelled to answer for whom she voted, hut as the witness’s testimony dis¬ 
closes that of not being a resident in the Territory one year previous to the 
electicm, that she was an illegal voter at said election. Will the question please 
he i\-rcad that she may answer that (luestion? 

(C^uiestion read.) 

A. Wickersham. 

Q. Mrs. Hanson, did any party in the town of Cordova, on said election 
day, come to you and urge you to go and vote?—A. Yes. 

(}. State who those particular persons were, please?—A. Mr. Gottschalk and 
Pete Lorentsen of the Alaskan Hotel. 

Q. Did they request at that time that you vote for any particular person 
as Delegate to Congress?—A. They asked if I would vote for Wickersham. 

Q. Did you disclose, at that time, the length of time you had been in 
Alaska?—A. Yes; I told Mr. Gottschalk. 

(>. What did he tell you?—A. It did not make any difference here. 

Mrs. Hanson, they asked you, did they not, to vote for Mr. Wicker¬ 
sham?—A. Yes; gave me the day otf to go and vote. 

O. Was this if you go and vote for Wickersham?—A. Mr. IVickersham 
stayed at the hotel and seemed all right and asked if I vote for him. 

Mr. Dooley. To use your own judgment. 

(j. IMr. Gottschalk told you that if you would vote for Wickersham he would 
give you the day off?—A. Yes, sir, 

Q. That is all. At that time you were in the employ of Mr. Gottschalk?— 
A. Yes, sir. 

Mrs. Hans Hanson. 


DEPOSITION OF GI^ST COZAKAS. 

GUST COZAKAS. witness on behalf of George B. Grigsby, was sworn to tell 
the truth, the whole truth, and nothing hut the truth, and testified as follows: 

Direct examination by T. .1. Donohoe, attorney for contestee: 

Q. State your name, please.—A. Gust Cozakas. 

Where do you reside?—A. My reside? 

Q. Yes; where do you live?—A. I reside in Cordova. 

Q. Cordova, Alaska?—A. Yes. 

Q. Were you in Cordova, Alaska, on the 5th day of November, 1918, at the 
time of the general election, which was held throughout the Territory of 
Alaska for tlie purpose of electing a Delegate to Congress from Alaska?—A. Yes, 
sir. 

Q. Did you vote on that day. the 5th day of November, 1918, at the Cordova 
voting i)recinct, at which said election was being held to elect a Delegate to 
Congress?^A. Yes, sir. 

Q. M'hat country are you a native of?—A. Creton Island. 

Q. Is that under the dominion of the King of Greece?—A. Yes. 

Q. How long have you resided in the United States?—A. Since 1908. 

(). Have you ever taken out your final citizen’s papers?—A. The first papers. 

Q. You have not your final papers?—A. 1914. 


362 


WICKEIISHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Ill 1914 you took out your first papers?—A. Yes. 

(). And you have never taken out your final pajiers?—A. No. 

Q. Tlien, on the 5th day of November, 1918, at the time you voted at said 
election, you were not a full citizen of the United States, were you?—A. No. 

Q. For whom did you vote for Delegate to Congress from Alaska, at said 
election? 

INIr. Dooley. I object to the question on the same grounds that an American 
Citizen has a right to vote for whom he pleases, and can not he compelled to 
state for whom he voted; this to advise the witness that he has a right to vote 
for whom he pleases and retain that knowledge unto himself. If he wishes to 
answer this question willingly 1 will not resist; he does not have to. 

Mr. Donohoe. The attorney for the contestee states tluit the witness's own 
testimony shows that he was an illegal voter on the 5th day of November. 1918, 
when said election was held, and he was not then a citizen of the United 
States. Counsel agrees with attorney for contestant that a citizen* of the 
United States legally qualified to vote, who did vote, need not disclose for whom 
he voted, but that an illegal voter is compelled under the law to testify for 
whom he voted at the election and it is insisted that the witness answer the 
question for whom he voted. 

Mr. Dooley. I further advise the witness that the law does not compel him 
to incriminate himself, and he can stand on his own right, if he wishes so to do. 

Mr. Donohoe. Counsel for contestee states that there is no question of 
criminality involved in this case; it is an effort to find out if you were a 
legal voter or if you were an illegal voter. Read the question. 

(Question read.) 

A. Well, I don’t fell who I vote for. 

Q. Imu don’t tell who you vote for, is that it?—A. Yes, sir. 

Q. (Munsel for contestee presents to the witness the paper marked “Contes- 
tee’s Exhii)it A,” for identification, and asks the witness if that is his signature 
set to that pai)er. Did you sign that paper?—A. I think that is my signature. 

Counsel for contestee desires to I’ead into the record of contestee’s Exhibit A, 
for identification, as follows: 

“United States of America, Territory of Alaska. I, Gust Cozakas, being 
first dul 3 ' sworn, depose and say: That I was personally present in the Cordova 
\'oting precinct. Territory of Alaska, on the 5th day of November, 1918, at 
which time there was being held an election in the .said Cordova precinct, bein-g 
a general election tbroughout the Territory of Alaska, for the purpose of elect¬ 
ing a delegate from Alaska to the United States Congress, and to elect numer¬ 
ous Territorial officers; that I voted at said election for Delegate to Congress 
from Alaska and voted for .Tames Wickersham for that office; that I am not 
a citizen of the United States, hut am a subject of Greece; that I took out 
M’hat is known as my first papers in an application for citizenship, but never 
took out my final papers; that at the time I voted for Delegate to Congress 
on the 5th day of November, 1918, at the said Cordova voting precinct, I be¬ 
lieved that I was entitled to vote, but have since learned that I was mistaken 
and that my vote was illegal; I therefore voluntarily make this affiidavit‘for 
the purpose of correcting the wrong I did by so voting, 

“(Signed) Gust Cozakas. 

“ Subscribed and sworn to before me this 15th day of September, 1919. 

“(Signed) R, H. L, Noaks, 

“Yota/-// Public for AlaskaP 

[official notary seal.] 

“ My commission expires April 29, 1923.” 

And I now offer this original affidavit and ask that it be marked “ Contestee’s 
Exhibit A ” at the deposition of Gust Cozakos, and be attached to his deposi¬ 
tion, 

Mr, Foster. If there are no objections it will be admitted. 

Cross-examination by George Dooley, attorney for contestant: 

Q. IMr. Cozakas, in the latter part of that affidavit you state you voluntarily 
made this affidavit. Who presented that affidavit to you?—A. jMr. Noaks. 

(}. Then, you did not voluntarily go to the commissioner and make that affi¬ 
davit.—A. Ho came after me. 

(}. He came after you?—A. Yes. 

(}. That is all. 

Mr. Dooley. I object to that part of the affidavit that reads; “I therefore 
voluntarily make this affidavit for the purpose of correcting the wrong I did by 
so voting.” 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 363 


Redirect examination: 

(}. Now, ]Mr, Cozakas, in this afiidavit you state that at said election you did 
vote for James Wickersham as Delej?ate t(f Conj^ress from Alaska. That part 
of it is true, is it not?—A. I don’t get you. 

IMr. Donohoe. Read the question again. 

(Question read.) 

A. I vote for James Wickersham and affidavit got my sign and must be true. 

Q. That is all. 

IMr. Dooley. That is all. 

Gust Cozakas. 

Contestee’s Exhibit A. 

Cnited States of Amekic.\, 

Territory of Alaska, ss: 

I, Gust Cozakas, being first duly sworn, depose and say: That I was person¬ 
ally present in the Cordova voting ]irecinct, Territory of Alaska, on the 5th day 
of Novemhei*, 1918, at which time there ^^’as being held an election in the said 
Cordova precinct, being a general election throughout the Territory of Alaska 
for the purpose of electing a Delegate from Alaska to the United States Con¬ 
gress, and to elect numerous Territorial officers; that I voted at said election 
for Delegate to Congress from Alaska and voted for James Wickersham for 
that office; that I am not a citizen of the United States, hut am a subject of 
Greece; that I took out what is known as my first papers in an application for 
citizenshii), hut never took out my final papers; that at the time I voted for 
Delegate to Congress on the 5th day of November, 1918, at the said Cordova 
voting precinct, I believed that I was entitled to vote, hut have since learned 
that I was mistaken and that my vote was illegal; I therefore voluntarily 
make this affidavit for the purpose of correcting the wrong I did by so voting. 

Gust Cozakas. 

Subscribed and sworn to before me this 15th day of September, 1919. 

[se.al.] R. H. L. Noaks, 

Notary Public for Alaska. 

My commission expires April 29, 1923. 

• DEPOSITION OF GEORGE E. WALKEr'. 

GEORGE E. WALKER, a witness on behalf of George B. Grigsby, was duly 
sworn to tell the truth, the whole truth, and nothing hut the truth, and testified 
as follows: 

Direct examinaion by 5Ir. Donohoe, athuaiey for contestee: 

Q. State your name.—A. George E. Walker. 

Q. M'here do you reside?—A. In Cordova. 

Q. How long have you resided in Cordova?—A. I arrived here last year, the 
14th of April. 

Q. Where did you reside previous to coming to Cordova?—A. Fairbanks. 

Q. How long did you reside in and about Fairbanks?—A. Ten years. 

Q. Fairbanks is in the fourth judicial division?—A. Yes, sir. 

Q. And Cordova, Alaska, is in the third judicial division?—A. As I under¬ 
stand it. 

Q. Were you in Cordova, Alaska, on the 5th day of November, 1918, at the 
time when there was a general election held throughout the Territory of 
Alaska and in the Cordova voting precinct at Cordova for the purpose of 
electing a Delegate to Congress from Alaska?—A. Yes, sir. 

i}. Are you acquainted with Mr. William Zacharias?—A. l^es, sir. 

Q. And are you also acquainted with Mrs. William Zacharias?—A. I'es, sir. 

Q. Are you acquainted with J. C. Lemoin?—A. Yes, sir. 

Q. Are you acquainted with .1. B. Hudson?—A. Yes, sir. 

Q. How long have you known these parties?—A. I have known them practi¬ 
cally all the time I was in the interior. 

Q. For 10 years or more in the interior?—A. Yes, sir. 

Q. Where did Mr. and Mrs. Zacharias reside, or where was their home on 
the 5th day of November, 1918, that you know?—A. Well, to answer that—they 
were at the election. 

Q. Yes; but where was their home?—A. Brooks. 

Q. Brooks is in the fourth judicial district, is it not?—A. Yes, sir. 


364 WICKERSHAM VS. SULZER, DECP]ASED, AND GRIGSBY, 


Q. How far from Fairbanks?—A. Over at least 80 miles. 

Q. In which direction?—A. I could not tell you the direction. 

(}. What river?—A. It is i)ossihly on the Tolovana River, hut is in the Tolo- 
vana mining district; hut the direction I do not know. 

Q. Where did Lemoiii live?—A. He lived in Fairbanks. 

Q. Where did IMr. Hudson live?—A. He lived in Rrooks and was mining in 
the Tan ana district. 

Q. How long had these people been living in the fourth judicial district pre¬ 
vious to the 5th day of November, 1918? 

Mr. Dooley. The witness can not answer that (luestion. This witness testifies 
that he was, on the 5th day of November, 1918, in Cordova, Alaska. 

Q. Did you see any of those parties just named in Cordova on the 5th day 
of November, 1918; were they here?—A. Yes, sir. 

Q. How long previous to the 5th day of November, 1918, was it when they 
arrived in Cordova?—A. It had only been a day or two. 

Q. What were they doing in Cordova?—A. They came from the interior on 
their way outside. 

Q. By saying “ on their way outside ’’ you mean the United States—A. Cer¬ 
tainly. 

Q. Did any of these parties tell you on election day that they had voted?— 
A. Several of them did. Mr. and ^Irs. Zacharias. 

Q. Did Hudson and Lenioin?—A. Hudson and Lemoin both stated. 

(}. Did they state to you for whom they voted?—A. No, I never heard any 
conversation in that respect. 

Q. Are you acquainted with A1 Raynor?—A. Yes, sir. 

Q. IVhere was his home or residence on the 5th day of November, 1918?— 
A. Well, he was a captain in the interior on one of the steamboats on the 
Tanana River. 

.(i. What was his business, or what brought him to Cordova on the 5th day 
of November, 1918?—A. He was going through, out to the United States. 

Q. How long had he been in Cordova previous to tbe 5th day of November, 
1918?—A. Three or four days. 

Q. Do you know a man by tbe name of Stokes?—A. Yes, sir. 

(}. AVhere did he reside on the 5th day of November, 1918?—A. He was on 
his way outside. 

Q. What is his business?—A. He was an engineer of the steamboat Tanana. 

Q. This steamboat makes its headquarters at Fairbanks, does it?—A. Some¬ 
times at Fairbanks and sometimes at White Horse. 

Q. They were employed on the steamboat running from White Horse down 
the Yukon and up the Tanana to Fairbanks?—A. From Fairbanks to Tanana 
and to Fort Gibbon ; they have been and can go up and down the river both 
ways. 

Q. How long had IMr. Stokes l)een in Cordova previous to the election on the 
5th day of November, 1918?—A. Three or four days. 

Q. He was en route from the fourth division, outside?—Yes, sir. 

Q. Did you know a man by the name of Hyde?—A. I did. 

Q. At the time there was an election at Cordova on the 5th day of November, 
1918, for the purpose of electing a Delegate to Congress from Alaska, where 
was his home or place of residence?—A. He was an engineer working for a 
steamboat company up in P^'nirbanks. 

(}. How long had he been in Cordova previous to tbe 5th day of November, 
1918?—A. Three or four days. 

Q. IVas he en route from the fourth division to the United States?—A. Yes, 
sir. 

(}. Did either of these three gentlemen tell you that they had voted at the 
election on the 5th day of November, 1918?—A. They were talking about it and 
one of them said they were up to vote; if they did so, I do not know. 

All*. Dooley. I object to tbe (piestion as heresay. I object to heai-say testi¬ 
mony. If be saw them vote, he may admit it. 

Q.' Did I understand you to say that Al Raynor told you that he had gone 
up and voted, did he not?—A. Yes, sir. 

Mr. Dooley. I still object to hearsay testimony. 

Did not Mv. Stokes and Mr. Hyde and Mr. licmoin state that they voted?— 
A. Thev stated that they had voted. 

Q. Did either of them state for whom they voted?—A. No, sir. 

Q. How long have you known these men?—A. Seven or eight years. 


WICKERSHAM YS. SULERR, DECEASED, AND GRIGSBY. 365 


Q. I)iirLiji all that time whiU‘ you wore in tlio iiitei’ioi* tliov wen? engaged on 
steainl>oats on the Tanana and Yukon Rivers?—A. Yes, sir. " 

Q. That is all. 

Cross-examination by IMr. Dooi.ey, attorney for contestant: 

Q. You claim you came to Cordova in April, 1919?—A. No; 1918. 

Q. I presume you voted at the last election, Mr. Walker?—A. I did. 

(^. Now, Mr. Walker, the last time you saw INIr. Zacharias, was when?—A. I 
saw him when they left for Brooks. 

Q. About what time was that?—A. Sometime in the spring of 1917. 

Q. That was i)ractically a year, and they might have resided in the third 
division.—A. Only they stated that they came from the interior. 

Q. It is a fa,ct that iMr. and IMrs. Zacharias might have resided within the 
third, division without your knowledge?—A. Only from what Zacharias told 
me that he had come from Brooks. 

Q. It is a fact that they might have resided in the third division without 
your seeing them?—A. Yes, sir. 

Q. The same with Lemoin?—A. Well, he could have done that, but if a man 
tells you that he .iust left Fairbanks, naturally means that he did. 

Q. The same fact is true of INir. Hudson; he may have worked in the third 
division?—A. Y"es, sir. 

Redirect examination by T. .1. Donohoe: 

Q. Do you know where these people who you have testified regarding, in 
what hotel they stayed while in Cordova on the 5th day of November, 1918?—A. 

I believe that Hudson. Stokes, and Lemoin stojiped at the Alaskan Hotel. 

Q. Do you know who \Nas running the Alaskan Hotel at that time-?—A. 
Cottschalk and Terrel. 

Q. Do you know whether Gottsclialk was an active supporter of Mr. Wicker- 
sham in the election?—A. \>s; from his conversation. 

Q. Did lie state to you as to whether he was out for Wickersham or not?—A. 
He said he was a Wickersham man. 

Q. Mr. Terrel’s interests were represented by Pete Lorentsen, and he was in 
the Alaskan Hotel at that time, was he not?—A. He was. 

Q. Did you say that Pete Lorentsen was an active supporter of IVIr. Wicker¬ 
sham in that election?—A. He always claimed to be a Wickersham man. 

Q. INIr. Lirrentsen was well and perfectly acquainted with the men regard¬ 
ing whom you have testified, was he not? —A. He was; with all of them. 

Q. Did you ever hear Mr. Lorentsen or IMr. Gottsclialk discussing Mr. Wicker- 
sliam’s merits as a Delegate from Alaska to Congress in the presence of these 
men from Fairbanks?—A. No. 

Cross-examination by Mr. Dooley : 

Q. You do not know that IMr. liorentsen or Mr. Gottsclialk were Wickersham 
men, only from their conversation?—A. No; .just from what they said. 

Redirect examination b.v IMr. Donohoe : 

Q. But you heard them state that they were Wickersham men?—A. Yes. 

Geo. E. Walkek. 

In connection with the testimony of witness, George E. Walker, the counsel 
for contestee desires to introduce as evidence the following affidavit: 

Contestee’s Exhibit B. 

AFFIDAVIT. 

United States of America, 

Territory of Alaska, ss: 

Frank H. Foster, being first duly sworn, deposes and says: That I am an 
attorney at law residing at and practicing my profession at Cordova, Alaska ; 
that I was in the toMn of Cordova, Alaska, on the 4th and 5th days of Novem¬ 
ber, 1918; that I was taking quite an active part in the election that took 
place on the 5th day of November, 1918, at which said election a Delegate from 
Alaska to Congress was elected; that my activity was exerted on behalf of 
the Republican Party ; that I know James Wickersham, who was a candidate 
at said election for Delegate to Congress; that I was also acquainted during 
his lifetime of Charles A. Sulzer, who was also a candidate at said election 
for Delegate to Congress. 


366 WKU\ERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


That on the evening of the 4th day of November, 1918, I had a conversation 
with J. B. Hudson, in the Alaskan Hotel, town of Cordova, at which con¬ 
versation Robert Gottschalk was also present; that Robert Gottschalk was 
at said time a strong supporter of James Wickersham; that in this con¬ 
versation the said J. B. Hudson stated to me in the presence of Gottschalk 
that he, Hudson, intended to vote for James Wickersham for Delegate to 
Congress at the election to be held in Cordova the following day. 

That I am acquainted with Mr. William Zacharias and with Mr. William 
Zacharias, mJio voted at the election held in Cordova on the 5th day of Novem¬ 
ber, 1918, for the purpose of electing a Delegate from Alaska to Congress; 
that I was present at the voting place where said election was held in the 
town of Cordova, at the time William Zacharias, Mrs. William Zacharias, and 
IMrs. A, L. Spencer appeared at said voting place, and saw fhem and each 
of them cast their ballot at said election; that shortly thereafter, within 5 
or 10 minutes after said parties had voted, Mrs. William Zacharias stated 
to me that herself, her husband, William Zacharias, and Mrs. A. L. Spencer 
voted for James Wickersham for Delegate from Alaska to Congress, among 
Other things in said conversation she used the following language: “ Well, 
there are three good Wickersham votes.” 

Fkank H. Foster. 

Subscribed and sworn to before me this 18th day of September, 1919. 

[seat..] R. H. L. Noaks, 

Notary Public for Alaska. 

My commission expires April 29, 1823. 

DEPOSITION OF ARTHUR PINKUS. 

ARTHUR ITNKUS, a witness in behalf of contestee, George B. Grigsby, 
was duly sworn by notary public, Hon. Frank H. Foster, to tell the truth, the 
whole truth, and nothing but the truth, and directly examined by T. .T. Donohoe, 
testified as follows: 

Q. State your name.—A. Arthur H. Pinkus. 

Q. Where do you reside, Mr. Pinkus?—A. Cordova. 

(}. Did you reside in the town of Cordova at the time of tlie election on 
the 5th day of November, 1918, at the time there was a general election held 
for the purpose of electing a Delegate to Congress from Alaska?—A. Yes, sir. 

Q. Where were you born, IMr. Pinkus?—A. Bendigo Coal Fields of Aus¬ 
tralia. 

Q. When did you first come to the United States from Australia?—A. In 
the fall of 1897. 

Q. In the fall of 1897. When did you arrive in Alaska?—A. I first landed 
in the Yukon Territory. 

Q. In 1897 you came to the Yukon Territory?—A. No; in 1898. 

Q. And then you went down the river to Fairbanks?—A. I then went to 
I'airbanks, from Fairbanks to Cordova, Cordova to Valdez, and then back 
here. 

Q. Have you ever taken out full citizen’s papers?—A. I presume so, I was 
told that I had, and when Mr. IMiller was over here I went and saw him, 
and he took my sig-nature and gave me the understanding that he would send 
them to me the first of the following month. 

Q. Y^ou never appeared before the court and received your final papers?— 
A. No, sir. 

Q. On the 5th day of November, 1918, you had not your final citizens 
papers?—A. No; not from the court. 

Q. Did you vote at the election held in Cordova on the 5th day of No- 
^'enlher, 1918, at which election a Delegate was elected from Alaska to Con¬ 
gress?—A. Y"es, sir. 

Q. For whom did you vote? 

Mr. Dooley. I object to the question; that the witness performed the duties 
of an American citizen and believe that he has a sacred right to not tell 
anyone for whom he voted. 

Q. Then, do I understand that you refuse to state?—A. I do. 

Q. That is all. 

Cross-examination by IMr. Dootey: 

Q. IMr. Pinkus, you'called on me some time back, and I read an affidavit 
to you, that you signed. Is that your signature?—A. Yes, sir. 


WTCKERSHAIM VS. SX^lZER, DE(R^:ASED, AND GRIGSBY. 367 


Q. I would like to offer that as contestant’s Exhibit A. 

Mr. Donohoe. Let me see it. 

Redirect examination by Mr. Donohoe: 

Q. Mr. Pinkus, who presented to you this affidavit, marked “Contestant’s 
Exhibit A*’?—A. IMr. George Dooley. 

Q. This was sworn on the 21st day of August, 1919, and I understand that 
at that time you were under the impression that you had your tinal citizen’s 
papers.—A. I can not believe that I have not them. I understood that when 
I handed my name in that was all that was necessary and would he a citizen 
in a month or six weeks. 

Q. Mr. Miller is deputy clerk of the district court, is lie not?—A. Yes, sir. 

(}. But you never at any time appeared in open court or before the district 
judge and was admitted to citizenship?—A. No; I have been in Cordova ever 
since that time. 

CL You never took the final oath of allegiance to the United States?—A. No 
more than I did when Mr. Miller was here. 

You have never had any examination as to your qualification for citizen¬ 
ship before the open court?—A. No. 

Q. You have never had any witnesses appear and testify, stating that they 
knew you and that in their opinion you would make a good citizen of the 
United States?—A. Not in open court. 

Q. You have never foresworn your allegiance to the King of England— 
never took an oath that you would Mqiport the Constitution of the United 
States against the King of England?—A. No more than when I took out my 
first paiiers, when I had to swear to something like that. 

Q. What was the time elapsed between the time you took out your first 
papers and the time when you signed’these papers with Mr. Miller?—A. About 
two years. 

Q. Where did you take out your first jiapers?—A. Valdez. 

(J. I think that is all. 

Cross-examination by Mr. Dooley : 

Q. In other words, you feel that you fulfilled the rights of citizenship had 
you appeared in open court?—A. Ye , sir. 

Redirect examination by IMr. Donohoe; 

Q. When did this transaction take place between you and IMr. Miller, deputy 
clerk of the district court, how long ago?—A. I can not remember; about 
eight months; I think it v. as last summer some time, when he was over. 

Arthue H. Pinkus. 

Contestant’s Exhibit 1. 

Territory of Alaska, 

Town of Cordova, sft: 

I, A. H. Pinkus, being fir.-t duly sworn, depose and say, that on November 
5, 1918, I was over the age of 21 years, and had been a resident of the Terri¬ 
tory of Alaska for more than one year last past, and a resident of the Cordova 
j)recinct for more than 80 days last past, and was then a citizen of the Lnited 
State-'. 

A. II. Pinkus, 

Subscribed ami sworn to this 21st of August, 1919. 

George Doolea', 

Xotary Pnhiic in and for the Territory of Alaska, 

. ' Residing at Cordova, Alaska. 

]My commission expires August 12, 1922, 

deposition of K. G. ROBINSON. 

K. G. ROBINSON, a witne s on behalf of contestee. George B. Grigsby, was 
duly sworn by the notary public, Hon. Frank H. Foster, to tell the truth, 
the'whole truth, and nothing but the truth, and testified as follows; 

Direct examination by T. .1. Donohoe, attorney for contestee: 

Q. State your name.—A, K. G. Robinson, 

Q. Where do you reside?—A. Cordova. 

Q. How long have you resided in Cordova?—A. Since 1911. 


368 


WICKEIISHAM VS. SULZER, DECEASED, AND GlllGSBY. 

Q. W'liat is your business or occupation?—A. Manager of the Cordova Ad- 
juj“tnient Co. 

Q. Have you recently, at my request, examined the hotel registers in the town 
of Cordova with the vie\y of ascertaining when Mr. and JVIrs. Win. Zacliarias, 
INIrs. A. L. Spencer, Mr. J. C. Lemoin, JMr. J. B. Hudson, A1 Kaynor, Mr. 
Stoke’, and Mr. Tom B. Hvde registered last fall at the hotels of Cordova?—A. 
I did. 

Q. Where did Mr. and Mrs. Zacliarias and Mrs. A. L. Spencer register in 
the town of Cordova?—A. Windsor Hotel, November 3, 1918. 

Q. Where did .1. C. Lemoin register and when?—A. At the Alaskan, Novem¬ 
ber 3, 1918. 

Q. When and where did Mr. J. B. Hudson register?—A. Alaskan Hotel, Oc¬ 
tober 29, 1918. 

Q. Where did Robbins register?—A. Alaskan Hotel, October 29, 1918. 

0. Do you know when and where did A1 Raynor register previous to Novem¬ 
ber 5, 1918?—A. I did not look. 

Q. Nor Mr. Hyde?—A. Nor Mr. Hyde. 

Q. Do you know of any of these parties having voted at the election on 
November 5, 1918?—A. I do not, I was not in Cordova at that time. 

Q. Was not in Cordova?—A. No, sir. 

Q. That is all. 

Cross examination by Mr. Dooley, attorney for contestant: 

Q. All your testimony, Mr. Robinson, is what you found on the registers of 
the Alaskan and Windsor Hotels, is it not?—A. Yes, sir. 

Q. That is all. 

Mr. Donohoe. At this time the attorney for contestee, George B. Grigsby, 
desires to continue the examination of this witness whenever he has had an 
opportunity to examine the hotel registers and see if he can ascertain when 
Raynor, Stokes, and Hyde registered. 

Redirect examination after above statement was complied with. 

Q. Mr. Robinson, have you examined the hotel registers to see when and 
where A1 Raynor, Lewis B. Hyde and Stokes registered, just previous to the 
election held November 5, 1918?—A. Yes, sir. 

Q. When and where did Mr. A1 Raynor register?—A. Alaskan, October 
29, 1918. 

Q. Where and when did Mr. Tom B. Hyde?—A. Alaskan Hotel, on October 
29, 1918. 

Q. And when and where did Mr. E. E. Stokes register?—A. Alaskan Hotel, 
October 29, 1918. 

K. G. Robinson. 


DEPOSITION OF E. H. L. NOAKS. 

R. H. L. NOAKS, witness in behalf of contestee, George B. Grigsby, being 
first duly sworn by Notary Public Hon. Frank H. Foster to tell the truth, the 
whole truth, and nothing but the truth, tesified as follows: 

Direct examination by T. J. Donohoe, attorney for contestee. 

Q. State your name?—A. R. H. L. Noaks. 

Q. Where do you reside?—A. Cordova, Alaska. 

Q. What official position, if any, do you hold?—A. United States commis¬ 
sioner. 

Q. When were you appointed United States commissioner for the Cordova 
precinct?—A. About IMarch 20, 1919. 

Q. And when did you first assume the duties of this office?—A. About 
March 29, 1919. 

Q. Were you previously a member of that branch of the United States Army, 
known as the Signal Corps branch?—A. I was. 

Q. When did you enlist as a member of the Signal Corps of the United 
States Army?—A. April 3, 1911. 

Q. Where?—A. El Paso, Tex. 

Q. How long had you resided in Tex/is previous to that enlistment?—A. 
Four days. 

Q. Where did you come from?—A. New York City. 

Q. After enlisting, when did you arrive in Alaska, about?—A. July 6, 1911. 

Q. And where were you stationed?—A. Fort St. Michael. 

Q. That is at the mouth of the Y^ukon River?—A. Eighty miles from the 
mouth. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


369 


Q. Wlieii did your eidistineiit expire?—A. April 2, IU14. 

Q. Where were you at that time?—A. St. Michael, Alaska. 

(}. M hat were your duties at Fort St. Michael?—A. Tele^ra})!! operator. 

Q. What did you do after your discharge in l!)14?—A. Worked for the Quar¬ 
termaster Department as a civilian and also on the San Pedro^ which was a 
dred^^e at the mouth of the Yukon Ttiver. 

Q. Ihen did you later reenlist in the Sijrnal Corps Department?—A. Yes. 

Q. When and where?—A. I enlisted Aujrust 2.5, 1014, at Seattle. 

(-}. How lonu; had you been in Seattle, Wash., when you reenlisted in the 
Sijaial Corps of the United States Army?—A. I had arrived about tive days 
previous to that date. 

Q. Now, had you li\'ed in Texas lon^ enough to obtain a residence in Texas, 
previous to your first enlistment?—A. I had not. 

Q. Had y(»u lived in the State of Washington long enough to obtain a resi¬ 
dence there?—A. 1 had not. 

Q. On the second enlistment, what was the understanding as to where you 
would be ]ibK'ed in the service?—A. 1 enlisted for Alaska service. ' 

Q. And did you come to Alaska again?—A. I did. 

Q. What were your first duties after you reenlisted; first station or posr?—A. 
On August 2.) 1 was assigned to the cable ship Jinrusidc as wireless operator. 

Q. That is the cable ship that tends to the Alaska cables?—A. The Alaska 
cables; yes. 

Q. How long did you remain on that shii) as wireless operator?—A. About 14 
months. 

Q. Then what duties did you perform?—A. I got off the BnniHide at Fort Lis- 
cum. Alaska, in October, 11)15, assigned to Copper Center tis operator in charge 
of the telegraph station there. 

Q. Hnw long did you remain there?—A. Keniained from November fi, 1915. 
until February .3, 1917. 

Q. And where were you stationed then?—A. Valdez, Alaska. 

Q. And when did your last term of enlistment expire?—A. August 24, 1918. 

Q After you were transferred from Coi)per Center to Valdez, Alaska, did you 
remain in Valdez from that time until you were discharged?—A. I did. 

Q. I read you from the printed copy of a hearing before the Committee on 
Elections No 3, as follows: ^ 

“ Contested-election case of Wickersham v. Sulzer, hearings before the Com¬ 
mittee on Flections No. 3, House of Representatives, Sixty-sixth Congress, first 
session.” Dn page 22 of this hearing Mr. Wickersham .sa.ys: 

“Then we can not trust the telegraph lines any longer. But the fact is that 
they are formed into a political organization, and they control the men along 
that line in the use of the telegraph system so that every one of them votes the 
same way; they all have an organization, and they all get paid for it. I do 
not use “ iiaid ” there in the sense that money is handed out to them, but in 
this case a man by the name of Noaks, at Abddez, where the cables come to 
the shore, and through which telegrams for the Territory are scattered out, 
was the strong, influential fellow among those boys; and some 18 or 20 of them 
at the station had Noaks to run the political organization there for 1910 and 
1918, and immediately after the 1918 election he was appointed to an office by 
the .judge at that iilace. The Democratic .judge there a])pointed him to the office 
of commissioner, and a commissioner makes him justice of the peace, i)robate 
judge, recorder, coroner, and gives all the rest of the power which is given 
to a commissioner. And Air. Noaks now sits there as commissioner in Cordova 
precinct, although he is not yet a voter in the Territory of Alaska, because of 
his voting all these men at the election.” 

1 ask you if that statement is true? 

A. It is absolutel.v false. 

Q. AA’here were you in 1916, at the time the election was held, on the Tth day 
of 5sWveml)er, 1916, at which a Delegate to Congress was elected?—A. I was at 
Copper Center. 

Q. Did J'ou vote at that election?—A. I did not, 

Q. Did you hear any discussion as to the relative merits of Air. AVickersham 
or Air. Sulzer for Delegate to Congress in the campaign of 1916 at Copper 
Centei’?—A. I did. 

Q. And in that campaign whom did you favor, if anybody, in any of these 
discussions?—A. In 1916? 

Q. Yes.—A. I favored Air. AVickersham. 

24 


151279—2(1 



370 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q, With whom did you have discussions in and al)out Copper Center during 
I9K)?—A. C. L'arker Smith, commissioner; It. lllix, I’oadhouse man and post¬ 
master; diaries Cowell; James Manken ; and Frank Bingham. 

(}. iNIr. A\Jckersliam lias stated, as I just read to you, that you ^^’lere tiie 
political manager for the boys in the Signal Coriis for the years 1916 and 1918. 
Did you act as iiolitical manager for the Signal Corps hoys in either of the.se 
years?—A. I did not; that statement is ah.solutely false. 

Q. AVhen did you first come to Ahildez to take up your home there?—A. Feb¬ 
ruary 6, 1917. 

Q. Now, on the election day, the 5th day of November, 1918, where was your 
residence?—A. At Valdez, Alaska. 

Q. Did you have for residence any other State or Territory of the United 
States?—A. I did not. 

(^. Were you, in the fall of the year 1918, pretty well acquainted with the 
members of the Signal Corps at Valdez?—A. I was. 

(F About how many Signal Corpsmen were stationed at A’aldez, Alaska, on 
November 5, 1918, and for four or live months previous to that?—A. Between 
17 and 21. 

Q. Did you at times for three or four months previous to the election of 
November 5, 1918, hear any discussions among the members of the Signal 
Corps at Valdez as to their politics?—A. I did. 

Q. AVhere did these discussions usually ari.se?—A. At the boarding bouse 
where we used to eat. 

Q. Now, were the members of the Signal Corps at A’aldez in 1918 residing on 
a Government reservation?—A. They were not. 

Q. AVhere did they resitle?—A. Some in their own homes in the town, the 
married ones, and others in other people’s homes as boarders and roomers. 

Q. They resided as other citizens at A^aldez?—A. AWth and as other citizen.s 
resided. 

Q. Do you know whether the members of the Signal Corps paid taxes on 
their i^roperty like other citizens there?—A. I know they did. 

Q. Did any of the members of the Signal Corps take part in the municipal 
elections that were held in the town of Abddez in the .si)ring of 1918?— 
A. They did. 

Q. AA’as there any difference in their method of living in A^aldez from the way 
other citizens lived?—A. There was not; they were earning a living, associat¬ 
ing with other citizens of the town and willing to be such. 

Q. And they made per.sonal friends among those living in Valdez?—A. Thev 
did. 

Q. Do you remember how many of the Signal Corps boys stationed at 
Valdez for the year 1918 married A'aldez girls and young ladies who had lived 
in A'aldez?—A. About seven. 

Q. Do you know if anj' of those that married owned tbeir homes in Valdez?— 
A. Some did. 

Q. Did they live in them?—A. They did. 

IF And others, how did they live?—A. They rented houses. 

Q. Now from the discussions that you have heard from the men of the Sig¬ 
nal Corps, what would you say was their politics and what proportion did they 
stand?—A. From what discussions I heard, they stood two to one Republican, 

Q. That is two-tbirds Republican and one-third Democrat?—A. Yes. 

Q. Did you ever hear them discuss the relative merits of iMr. Wickersham and 
Mr. Sulzer as Delegates to Congi*ess?-—A. I did. 

(F Well, what would you say as to how they were divided on that subject?— 
A. On tbe subject generally, they were more than evenly divided in favor of 
Mr. Wickersham. 

Q. Was there any organization among the Signal Corps men to vote against 
,Mr. Wickersham?—A. There was none. 

Q. Was there any organization among the Signal Coiqts men to favor any 
particular side?—A. There was none. 

Q. Are you a member of any profession?—A. I am. 

Q. Wbat?—A. Attorney at law, 

Q, When were you admitted to practice law in the Territory of Alaska?—A, 
About October 15, 1918 

Q. Where admitted?—A. Valdez, Alaska, 

Q. AVere you examined by a committee of the bar appointed by the court?— 
A. I was. 


WiCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 371 


Q. Who were ineiiibers of that committee?—A. Mr. E. E, Ritchie, Mr. O. P. 
Huhhard, and Mr. T. J. Donohoe. 

Q. Is Mv Ritchie, of whom you have just spoken, the E. E. RitCliie who ap¬ 
pears as attorney for ]Mr. Wickersham in taking depositions at Valdez in this 
contest?—A. He is. 

Q. What are the politics of Mr. Hubbard?—A. Republican. 

Q. Is he generally reputed to be a Wickersham supporter?—A. He is, gen¬ 
erally. 

^ Q. Mr. Wickersham has stated at this hearing before the Elections Committee, 
No. 3, that you were appointed United States commissioner in Cordova, in pay¬ 
ment for political services rendered for the Democratic party in general and for 
Mr. Sulzer in the general election held November, 1918; is that true?—A. It 
is absolutely false. 

Q. Did you render any particular services to the Democratic Party or to Mr. 
Sulzer at that election?—A. I did not. 

(}. Did any of the Signal Corps men take a positive and active hand in the 
election held November 5, 1918?—A. They did not. 

C^. How come you to he appointed I.^nited States commissioner at the Cordova 
l)recinct?—A. As near as 1 understand it. Judge Brown has the appointment 
•of this office. 

Q. Judge Brown is the district judge for the Third division?—A. Yes, sir. 

Q. How do you account for being appointed?—A. Well, in the summer of 
1918, while studying law, I liad imuiy occasions to go up in the courthouse 
library and on one occasion Judge Brown sat opposite me reading at the table 
usually occupied by lawyers, and he asked me if I was studying law. I replied 
that 1 was and he told me that he would always be ready to give me every 
possible assistance within his power and also asked me to step into his cham¬ 
bers and showed me his library and told me I could borrow any of his private 
books at any time. On many occasions after that time, I used to go up into 
Ids cliambers and talk with him on legal subjects and ask him legal questions 
to help me out genendl.v, as a student would. He seemed to take an interest 
in my welfare as regards getting through with the law. About the beginning 
of 1919, some time in the month of January, I believe. Judge Brown sent for 
me to come to his chambers and asked me if I would accept the position of 
United States commissioner at Cordova. He told, me the emoluments from 
the office were .small and that there was not a living in it, hut as I anticipated 
making law my profession and livelihood, it would he a good chance for me to 
make a start. After considering the situation, I told him I would accept the 
appointment upon being released from the Army. 

Q. I believe that you stated that your enlistment expired in August, 1918?—• 
A. Yes, sir. 

Q. Had you put in an application to be discharged after the armistice was 
signed on Noveml)er 11?—A. No; all discharges were suspended until after 
the termination of hostilities. That was the general understanding throughout 
the Army at that time. 

Q. After the armistice was signed, you put in your application to be dis¬ 
charged?—A. Yes, sir. 

Q. And when were you discharged, if you reniemher?—A. Some time about 
March 19 or 20, I believe. 

(i. Did I ever make any request, or ask to organize the Signal Corps men into 
a Democratic organization for the purpose of having them vote against James 
Wickersham?—A. You did not. 

Q. Q^o what extent were you ac(piainted with me previous to coming to Cor¬ 
dova in the office of United States commissioner?—A. I only knew you by 
sight until about Dctober, 1918, when I made application to take the bar exami¬ 
nation and 1 found you one of tlie committee appointed by the court to examine 
me. Until that time I never knew you personally at all, even to speak to you. 

(^. Did I ever make a statement to you or use any language from which 
you could draw the inference that if you orgjinized the Signal Corps boys so 
as to vote against Mr. Wickersluim that I would repay you in any manner by 
giving you an office or inducing Judge Brown to give you an official appoint¬ 
ment?—A. l^ou did not. 

Q. About how much does your office as Ihiited States commissioner pay you 
per month, in Cordova?—A. About $185 per month. 

Q. Are you a married man?—A. I am. 

Q. And "your family is living is living with you in Cordova?—A. They are. 


372 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Cross-examination by Mr. Dooley, attorney for contestant: 

Q. Mr. Noaks, when you were residing in Valdez at the time of the election 
on November 5, 1918, you were still a member of the Signal Corps, were you 
not?—A. I was. 

Q. Did you vote at that election?—A. I did. 

Redirect examination: 

Q. Mr. Dooley, attorney for ]\Ir. Wickersham, has asked you if you voted at 
the elw'tion, held the hth of November, 1918, and you have answered that you 
you did. Will you state how you come t() vote at that election?—A. I come to 
Aote for the reason that in 1914, Mr. Wickersham was asked by one of the 
nsemb rs of the Si^'nal Con)s at Fairbanks—that was in the fall of 1914—and 
asked him whether Sipial Corps men could vote. Mr. Wickersham replied 
that if they were citizens of the United States over the age of 21, within the 
^territory a year, and in the precinct 80 days, they could vote and it was their 
duty to vote. 

Q. What was the name of this Signal Corps man?—A. Harry Shutts, sergeant 
of the Transport Corps, now at Valdez. 

Q. Did ]Mr. Shutts inform you of this statement made by Mr. Wichersham to 
liim?^—^A. He did. 

Q. Before you voted at the November election in 1918?—A. Yes, sir. 

Cross-examination : 

Q. Mr. Noaks, were you present during the conversation between Wickersham 
and Shutts at the time of this conversation?^—A. No, sir. 

tb What you have testified is wdmt Mr. Shutts told you?—A. Yes, sir. 

Redirect examination: 

i}. IMr. Noaks, in your testimony you have stated that the office of United 
States Commissioner at Cordova, which you now hold, is paying you about $135 
a month ; is that the gross receipts that you make from that office by way of 
commissions allowed you by law?—A. Yes, sir; gross receipts. 

Q. Does fbe Government furnisb you w4th an officer?—A. No, sir. 

Q. What does you office rent cost you?—A. Twenty-five dollars a month. 

Q. Does the Government furnish you with or allow anything for mainte¬ 
nance?—A. No, sir. 

(J. What are the other expenses, about?—A. With heat and light and sta¬ 
tionery and other minor expenses are al)out $25 a month. 

Q. What is the net receipts that you are making out that office since you had 
it?—A. From $75 to $80 a month. 

Q. What hours is the commissioner’s office kept open?—A. Nine in the morn¬ 
ing until 5 o’clock in the evening, six days a week. 

R. H. L. Noaks. 

DEPOSITION OF T. .7. DONOHOE. 

T. J. DONOHOF, a witness in behalf of contestee, George B. Grigsby, being 
duly sworn by Notary I’ublic Hon. Frank H. Foster, to tell the truth, the whole 
truth, and nothing but the truth, testified as follotvs: 

Direct examination by R. H. L. Noaks, representing contestee, George B, 
G rigsby: 

Q. State your name.—A. T. J. Donohoe. 

(1. Where do you reside, ^Ir. Donohoe?—A. At present in the town of Cor¬ 
dova, Alaska. 

Q. Are you fhe I)emocratic national committeeman for Alaska?—A. Yes, sir. 

Q. Were you in Alaska during the two or three months preceding the general 
election on November 5, 1918?—A. Yes, sir; my residence then was in Valdez, 
Alaska. 

(}. Did you take an active jiart in the campaign?—A. Yes, sir. 

Q. I call your attention, IMr. Donohoe, to a document. Document No. 74, 
House of Representatives. Sixty-sixth Congress, first session. Delegate from 
Alaska : Letter from the Clerk of the House of Repre.sentatives transmitting a 
letter from Hon. .lames Wickersham, inclosing the original copy of a notice of 
contest and the petition and statement specifying particularly the grounds of 
this contest for a seat in the House of Representatives of the Sixty-sixth Con¬ 
gress as a Delegate from the Territory, of Alaska. I’age 16, section 16, of this 
article reads as follows: 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 873 


“ That the return of the judges of tlie election show that at the voting pre¬ 
cinct of Copper Outer, in the fourth judicial division of the Territory of 
Alaska, show that at the election held on the said 5th day of November, 1918, 
there were 10 votes cast, all of which said votes were, as stated hy said return, 
cast for the coiitestee, Cliarles A. Snlzer, and were taken as true hy said judges 
of election and counted, hnt as a matter of fact saitl votes shonld not be 
connted because the said election was illegal for the following reasons, to-wit: 
That one Lewis T. Erwin is United States marshal for the fourth jndicial 
division of Alaska, and Tliomas J. Donohoe is Democratic national commit¬ 
teeman for Alaska, and that both of said persons are friends and partisans of 
the coiitestee, Charles A. Snlzer, and managers of his political campaigns in 
the Territory of Alaska. That one K. Blix is now and for many years past has 
been a resident of Co])per Center in the Territory of Alaska, at which place he 
is and has been owner of real estate and buildings in said Copper Center, and 
that the United States i)ost office for said Copper Center is established in a 
building owned by said Blix. and that it would be a financial loss to the said 
Blix and a great inconvenience to the said commiinity if the said post office 
shonld be moved from the said Copper Center. That this coiitestee, Charles A. 
Snlzer, wrongfully taking advantage of the said situation, through the afore¬ 
mentioned L'^nited States marshal and the aforementioned Democratic National 
Committeeman for Alaska, imlawfnlly threatened the said Blix and all the 
other residents of said Copper Center that unless they used their utmost en¬ 
deavor to iirocnre and did procure all of the electors at Copper Center to cast 
their ballots for said Charles A. Snlzer, coiitestee for the office of Delegate 
from Alaska at the election to be held at said precinct November 5, 1918, the 
said United States post office would be moved from said Copper Center, to the 
great injury of said Blix and the said conimnnity, and that although the said 
Blix and the other residents of the said commiinity were political supporters of 
this contestant, .Tames Wickershnm, and would have cast their respective bal¬ 
lots for him at the said election had the said threats above-mentioned not been 
made, the said Blix and the said other electors, nevertheless, believing that 
the said threat .so made by the said conte.stee would be carried into effect in 
'Case said electors of the community did not unanimously cast their vote at the 
said election for the said Charles A. Snlzer, for Delegate from Alaska, did cou- 
trai'y to their views and opinions as to what was for the best interests of the 
public generally, and conU-ary to what they believed to be right and just, 
unanimously cast their votes for the said Charles A. Sulzer. That for the 
reasons above stated and because the said votes were illegally obtained under 
threat of fraudulently using and employing the patronage of the said Charles 
A. Sulzer, the said Tiiomas .T. Donohoe, and the said I.ewis T. Erwin, the vote 
vast at the said Copper Center precinct should not be credited to this coiitestee, 
and that the election at Copper Center should therefore be held null and void.” 

What have you to say, IMr. Donohoe, in answer to that statement of Mr. 
AVickersliam? 

A. The statement, as a whole, is absolutely untrue. Of course, that portion 
of it wherein he says that I am a friend and was a friend of Charles Ai. 
Sulzer, and that I took an active part in the campaign in favor of Sulzer is 
true. Mr. Wickersham has made a mistake when he says that Copper Center 
is in the fourth judicial division; it is in the third judicial division. Mr. 
Lewis T. Erwin, the United States marshal, is in the fourth judicial division, 
with headquarters at Fairbanks, and is about 300 miles from Copper Center. 
Mr. Erwin, so far as I know, has never taken any active part in politics in 
Alaska. I know he has not taken any active part in procuring votes for 
the Democratic party or for Mr. Sulzer, in the third division. 

I did not threaten Mr. Blix or any other person that either myself or Mr. 
Sulzer would use our political influence to move the post office from its then 
office site and place at Copper Center. Some time early in the spring of 
T918, or possibly the latter part of 1917, Mr. Blix resigned as postmaster at 
-Copper Center and had sold his roadhouse to a man hy the name of Hans 
Ditman, and I understand that he promised Mr. Ditman that he, Blix, would 
- -secure for Mr. Ditman the appointment of postmaster to succeed him, and 
that promise was part of the concession that induced Mr. Ditman to purchase 
Blix’s roadhouse. However, the first I knew anything of the change or the 
intention of changing the postmaster at Copper Center, I received a request 
from Mr. John McCrary, who also conducted a roadhouse at Copper Center 
at a short distance farther up the military road from :Mr. Blix’s place, asking 
me to indorse him for postmaster. I investigated the matter a little and 


374 WICKERS HAM VS. SULZER, DECREASED, AND GRIGSBY. 


found that there was prol)al)ly as imieli of tlie eoiuiiuinity of Copper Center 
residing close to IMcth’ary’s roadhouse as there was near ]Mr. Blix’s. The 
Government Experimental Farm was just aci-oss the road from McCrary’s 
place, the Government school teacher i-esided close to ]\Ir. ^McCrary’s place, 
and I believe some other people resided in that immediate vicinity. I recom¬ 
mended to the First Assistant Postmaster General the ai)pointnient of Mr. 
McCrary as postmaster at Copper Center ami he was appointed. But about 
this time 1 received several communications from ]\Ir. Blix and other people 
in Copper Center asking me to recommend the appointment of IMr. Hans 
Ditman. IdcCrary, after getting his appointment, failed to qualify; I believe 
he had some ditliculty to procure his bond; in any event, he did not qualify. 
I then recommended at the request of iMr. Blix, Charles Cowles, and quite a 
few of the other residents of Copper Center, the appointment of ]Mr. Hans 
Ditman, and he was appointed postmaster at Copper (’enter. This all took 
place some time previous to the 15th of .Tune, 1918. I made no condition, 
whatever, regarding my recommendation for the appointment of IMr. Hans 
Ditman as i)ostmaster at (’opper Center. In June, 1918, I went out to the 
States and did not return until the latter part of August. The matter regard¬ 
ing the post office was entirely settled long previous to the opening of the 
campaign for the election held November 5, 1918. I never, at any time, 
made any threat of removing the post office or made a condition that if the 
post office remained in IMr. Blix’s roadhouse that the Copper Center jieople 
would vote for (''harles A. Sulzer or would vote for any other person. I 
do not recollect having any correspondence on the subject subsequent to 
the 15th day of June, 1918, and each and every statement made by Mr. Wicker- 
sham in regard to threats made by Charles A. Sulzer, I.ewis T. Erwin, or 
myself, is absolutely false. The subject was entirely closed ])revious to the 
15th of .Tune, 1918. and was not reopened. This spring, in the spring of 
1919, Ditman sold the Blix roadhouse and gave it up, and I was requested 
by the people living in Copper Center, through Mr. Charles Cowels, to recom¬ 
mend a man by the name of Glass to succeed Mr. Ditman as imstmaster of 
Copper Center, and upon making the recommendation, Mr. Glass was appointed 
postmaster at Copper Center. 

(}. I call your attention, IMr. Donohue, to document 74, page 19, section 20, 
which reads as follows: 

“That at the election at the Sourdough voting precinct in the thii’d judicial 
division, on the 5th day of November, 1918, 12 votes were cast, of which 5 
votes were cast for this contestant, James Wickersham, and 7 for contestee, 
Charles A. Sulzer, and the judges of election at said precinct, in the certilicate 
of results at said election, stated said number of votes as having been cast 
for each of said candidates, which certificate was accepted as true and correct 
by the Territorial canvassing board in canvassing the result of said election 
and in deciding upon the number of votes cast for eacli candidate. That the 
aforementionecl number of votes cast for the contestee at said precinct should 
be wholly eliminated, and the number of votes cast for contestant at said 
precinct should be increased by 15 votes, for the following reasons, to wit: 
That at the i)revious elections held in the said Sourdough election precinct the 
polling place had been established at the Sourdough road house, which is sit¬ 
uated approximat(4y in the center of said election pi-ecinct, and was well 
known and generally recognized as the polling place for said precinct. That 
in the immediate neighl)orhood of said Sourdough road house there were not 
less than 15 legally qualified electors who were friends and i>oltiical supporters 
of this contestant, and who would have voted for contestant at this election 
had they been afforded an opportunity to do so, and had the polling place in 
said precinct remained at the said Sourdough road house; but that William 
O’Gonnor, the United States commissioner for the Chitina recording district, 
wherein said Sourdough voting precinct is situated, well knowing that by 
changing the polling place in said Sourdough voting precinct from the Sour¬ 
dough road house to the Gulkana road house, 22 miles distant and in the 
fartherest corner of said voting precinct, would deprive at least 15 friends and 
]>olitical supporters of this contestant of an opportunity to cast their vote 
for this contestant at said election and deprive this contestant of the benefit 
of the votes of his said 15 fi-iends and sui)porters in the immediate vicinity of 
the Sourdough road house, did so change the polling jfiace for said pi'ecinct 
from the said Sourdough road house to the Gidkana road house, whereby said 
liersons residing in said precinct were disfranchised and this contestant there¬ 
by was fraudulently deprived of the votes of said 15 electors who would have 
cast their votes for contestant but for said fraudulent acts.” 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 375 


A. In this matter, :Mr. Wickersliam complains against the action of William 
O’Connor, commissioner of the (hiitina recording district, on account of him 
changing the polling i>lace of the Sourdough voting precinct from the Sourdough 
road house to the Gulkana road house. The Sourdough road house is at the 
northei-ly end of the Sourdough voting precinct. In the election of Ihid there 
were hut 5 votes cast at that polling place, being at the Sourdough road 
house; and as I rememher the returns for the 1914, there were hut 5 votes 
cast in this precinct, and the voting ]4ace was in that year at the Sourdongli 
road house; and there, had been considerable complaint made by a number 
of the prospectors and miners living in the vicinity of the Gulkana road house 
that they had a great many more votes than there was in the vicinity of the 
Sourdough road house, and that the voting place should he transferred to 
Gulkana. 

As I rememher the election returns of 1914, the 5 votes cast in the Sour¬ 
dough i)recin(*t were cast for .Tames Wickersham, in 191G the .5 votes cast 
in this precinct were cast for .Tames Wickersham. in the election of 1918, with 
the voting place at Gulkana, ^Ir. Wickershaw still received his .1 votes. By 
having changed the voting place to Gulkana and enabling a numher of other 
voters in this i)recinct to vote, there were 7 votes cast f(n- Sidzer and 1 
for Gonley, the Socialist candidate, so l)y making the change of the voting 
jdace it enable l.S electors to vote as against 5 voting at the previous elections 
and IMr. Wickersham still got his usual .5 votes in this precinct. 

Q. T call your attention to section 21 of the document No. 74, which reads: 

“ That the laws pertaining to elections in Alaska ])rovide that no voting 
I»recinct shall he established unless there are at least 80 qualitied electors in 
such precinct, and also ]u-ovide that there shall he oidy one polling j)lace in 
each voting precinct. That nevertheless, and for the purpose of violating the 
law and affording special advantages to the contestee and his friends, the 
Ignited States commissioner for the Chitina recording district, one William 
O'Connor, at the behest of contestee and the Democratic national committee¬ 
man, Thomas .1. Donohoe, created during the month of September. 1918, the 
Kuskulana voting procinct, although he and they then and there knew that 
there were not 80 (pialitied electors in said precinct, and they then and there 
established in saiil Kuskulana voting precinct two separate and distinct 
l)olling places, in all violation of law, one of which polling places was desig¬ 
nated as Kuskulana No. 1 and the other as Kuskulana No. 2. That the judges 
of election in their certiticates of the result of said election at said Kuskulana 
No. 1 polling place, certitied that the following vote had l)een cast at said 
polling place, to wit: For .Tames Wickersham, contentant, 1 vote; for Charles 
A. Sulzer. contestee, 11 votes: and the j\idges of election at said Kuskulana 
No. 2 lulling i)lace, in their certificate of the result of said election, certified 
that the following vote had been cast at said polling place, to wit: For .Tames 
Wickersham, contestant, 2 votes; for Charles A. Sulzer, contestee, 4 votes; 
and that the Territorial canvassing board for the Territory of Alaska, accei)ted 
said certificates as true and correct in canvassing the returns of said election 
and in deciding upon the number of votes received by each candidate at said 
election. That for the reasons above stated the said certificates are nnll and 
void and should be eliminated from the results of said election.” 

A. Referring to siUxlivision 21 of this document, Mr. Wickersham complains 
against the action of Mr, AVilliam O’Connor, commissioner in the Chitina record¬ 
ing district, on account of creating two voting i)laces in the Kuskulana voting 
])recinct. The situation in this voting precinct is this: It covers a very large 
area of country lying between the voting ]u-ecinct of Strelna and the voting 
pi-ecinct of ]\rcCarthy and is situated in the Copper River Valley. During the 
summer of 1918 there were two rather central camps in this large precinct. 
They wei'e situated at a distance of about 2d miles ai)art with only one voting 
place. It meant that a number of the miners and prosi)ectors would be unable 
to vote on election day. The voting precinct could not be divided into two pre¬ 
cincts as there were not enough legal voters in each of the precincts. .Tudge 
O’Connor first created the Kuskuhina precinct and established the polling place 
at the point where JNir. AVickersham designated as No. 1. Later all the miners 
in the other section, a distance of about 20 miles from the first voting place, as 
fixed by .ludge O’t’onnor, protested that they could not make the trip to that 
]>oint to vote and asked .ludge O’Connoi- to create an additional polling i)lace 
there, terming it Kuskulana No. 2, which he did. If^ there was any illegal 
voting in this election precinct, it wonld be that votin'g in Kuskulana No. 2, 
as the first precinct was already created. In the first precinct Mr. Sulzer re- 


376 


WIC’KEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 

reived II and INFr. AVickersliain 1 vote; in tlie second precinct IMr. Sulzer re¬ 
ceived 4 votes and INIr. Wickersliain 2. Tliere was no fraud coininitted in any 
manner in connection with the creation of tins additional voting? ])lace. It was 
made simply to enable some of the prosi)ectors and miners to vote. I believe 
thei’e was also cast at Kuskulana No. 2 pollinj? ])lace one or two votes for the 
Socialist candidate, INIr. Coidey. The additional polling place in this i)recinct 
was not cj'eated at the request of the Democratic organization, hut it was 
created at the direct request of the miners and lU'ospectors who were endeavor¬ 
ing to develop the country. 

(J. Mr. Donohoe, I call your attention to this document. House resolution 105, 

Contested-election case of .Tames AVickersham v. Charles A. Sulzer.” On 
l)age 22. below the center of the page, Mr. Wickersham .says: 

.‘‘The Democratic organization. Then we can not trust the telegraph lines 
any longer. P>ut the fact is that they are formed into a political organization 
and they control the men along that line, in the use of the telegraph system, so 
that every one of them votes the same way: tliey all have an organization and 
they all get paid for it. I do not use ‘paid’ there in the sense that money is 
handed out to them, hut in this case a man by the name of Noaks, at Ahildez, 
where the cables come to the shore and through which the telegrams for the 
Territory ai‘e scattered out, was the strong influential fellow among these boys, 
and some IS or 20 of them at that station had Noaks to run the i)olitical organi¬ 
zation there for 1916 and 1918, and immediately after the 191S election he was 
appointed to an office by the judge at that place. The Democratic judge there 
ap])ointed him to the office of commissioner, and a commissioner makes him 
justice of the peace, probate judge, recorder, coroner, and gives all the rest of 
the power which is given to a commissioner. And now Mr. Noaks sits there 
as commissioner in Cordova precinct, although he is not yet a voter in the 
Territory of Alaska, because of his voting all these men at the election.” 

A. In this statement by Mr, AVickersham at the hearing before the Committee 
on Elections No. 8, as api)earing in the ])rinted document, regarding House 
Uesolution 105, in relation to the Signal Corps men at A'aldez, the statement is 
abs<dutely untrue. Mr. Noaks did not run any political organization among 
the Signal Corps boys at A^aldez for the benefit of tbe Democratic Party or 
for the benefit of IVir. Sulzer, during the campaign and at the election on 
November 5, 1918, and, so far as I know, have any of the members of the 
Signal Cori)S stationed at Ahildez at the November election who voted did so 
in accordance with their resnective political i^arties. I have been told that a 
number of them voted for AATckersham, and I think some of them may have 
voted for ]Mr. Sulzer, but it is my oiunion that of those who did vote, there are 
sui-ely as man.v voted for ^Nfr. AAdckersham as did for Mr. Sulzer. 

The statement made b.v iVfr. AATckersham that Mr. Noaks was given the 
appointment of the Ignited States commissioner at Cordova in payment for 
services rendered by him in securing the votes of the Signal Cor])S men at 
A'aldez in behalf of ]Mr. Sulzer is absolutely false. Some time early in 1919 
Judge Fred INI. P>rown. the Ihiited States district judge for the third division, 
called me into his chambers and told me that Mr. Edward F. IMedley had 
resigned as commissioner at Cordova and asked me if I knew an.vone who 
would make a satisfactory commissioner at that ])lace. I told him I thought I 
did, and suggested to him the ai)pointment of ]Mr. Charles Derry, who was 
Ihen assistant editor of the Cordova Daily Times, and. who had taken an 
active part for the Democratic Party in the campaign of 1918. Judge Brown 
asked me t(> communicate with INIr. Derry to see if he would accept the ap¬ 
pointment. I did so. ]Mr. Derry i*efused the appointment on the ground that 
it did not pay money enough. I thiidv for the three ])revious quarters; that 
is. previous to the 1st of .Tanuary, 1919, the office paid somewhere around 
$100 a month. A week or so later, I stated to Judge Brown that ]Mr. Derry 
would not accept it. Judge Brown stated that he woidd like to get a young 
lawyer for the appointment, as he had found from experience that a lawyer 
handled the commissioner positions much better than a person who was not 
versed in the law. Judge Brown then said he had a man in mind, and men¬ 
tioned Mr. Noaks’s name. He asked me if I was one of the committee that 
examined INIr. Noaks a few months previous for his admission to the bar, and 
I stated that I was. He asked me what I thought of his ability to handle the 
situation at Cordova, so far as his legal attainments were. I informed Judge 
Brown that I believed Mr. Noaks would be a good commissioner and that 
he had the qualifications to handle the position. He told me that he would 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 377 


send for Mr. Nouks and interview him. A few days later he told me that he 
in'omised l\Ir. Noaks the ai)i)ointment, if he ji:ot disehar^ied from the Army by 
the end of the iiresent quarter, which expired on the last day of March, i919. 
Tliat is the entire and only connection that I had with the appointment of 
Mr. Noaks as (‘ommissioner at Cordova. He was not appointed as a reward 
for any i)olitical services either by himself or any men.l)ers of the Signal 
Corps; he was appointed solely because .ludge Brown believed he would make 
a good commissioner and had the legal qualifications to make a commissioner. 
I never reciiiested Judge Brown to appoint IVIr. Noaks to this position or to 
any other position, and the appointment was made by Judge Brown without 
any solicitation or request by the I>emocratic organization. 

No cross-examination. 

T. J. Doxohoe. 

DEPOSITION OF .WILLIAM IL GEKRIE. 

WILTJAIM B. GEBKIE, a witness on behalf of contestee, George B. Grigsby, 
was duly sworn to tell the truth, the whole truth, and nothing but the truth, 
and testified as follows; 

Direct examination by T. J. Donoiioe, attorney for contestee. 

Q. State your name.—A. William R. Gerrie. 

Q. Where were you horn?—A. I was born in Canada. 

(}. How long have you lived in Alaska?—A. About 22 years. 

ii. Have you ever been naturalized?^—A. No, sir. , 

Q. Were you in Cordova (ni the oth day of November, 1918, at the time there 
was a general election held for the purpose of electing a Delegate to Congress 
from fhe Territory of Alaska?—A. Yes, sir. 

Q. Were you at the time of the holding of that election a citizen of the 
United States?—A. No, sir. 

Q. Did you vote on that date?—A. Yes, sir. 

For whom did you vote? 

IMr. Dooley. I ob.iect to the question unless the witness is fully advised in 
regard to the matter. He may state, but has the right not to say for whom 
he voted. 

Mr. Donohoe. Counsel for.contestee states to the witness that a hiwful voter 
can not l)e compelled to disclose for whom he voted, but that a noncitizen who 
voted at that election for Delegate is not a lawful voter, and therefore can be 
comi»elled to answer for whom he voted in the election held the 5th day of 
November, 1918, at which a Delegate to Congress from Alaska was elected. 
I insist that the witness answer the question. 

Mr. Dooley. I further ob.1ect on the ground that the witness voted under the 
Australian ballot, and section 44 of Ordinance 35 makes it a misdemeanor for 
slating for whom he voted. 

Mr. Donoiioe. C’ounsel for contestee states that the ordinance cited by counsel 
for the contestant applies to cit.v elections, municipal elections of the town 
of Cordova has no bearing whatever upon the .general territorial elections, 
such as the election held on the 5th day of November, 1918, and insists on the 
witness answerin.g the question. Read the question. 

(Question read.) 

A. James Wickersham. 

(}. You voted for James Wickersham for Delegate to Congress on the 5tli 
da.v of November, 1918?—Yes, sir. 

Cross examination by Mr. Dooley, attorney for contestant. 

Q. Mr. Gerrie, you claim you have lived in Ahiska 22 years?—A. Yes, sir, 

Q. How many times have you voted?—A. That I could not say; several 
times. 

Q. You voted several times at Territorial and other elections?—A. Yes, sir. 

(J. Did you know at that time that you were not an American citizen?—A. I 
did not; I had my first papers. 

(). Your first papers?—A. I took out my first papers in 1910. 

(,). And you thought that those papers were all that were necessary for 
■voting for President?—A. I did. 

Q. Mr. Gerrie, you signed that aflidavit that when you voted for James 
Wickersham you was not a citizen of the United States. Do you realize that 
signing that .same affidavit would not stop any legal citizen, it is to stop an 
illegal voter?—A. I was forced to do so, so what could I do? 


378 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. What do you inenn by forced?—A. T aa’US subixenaed on the jury at 
Valdez and tlieii was excused for not l)einfr an Aiueidcan citizen, after I liad 
voted. I was tirst suh]Kenaed and found out by mistake that I was not entitled 
to vote and was not an American citizen. 

(}. You are just as sure as your testimony that you thoui^ht you was an 
American citizen when you voted?—A. Yes, sir. 

Redirect examination: 

i}. The tirst time you learned that you were not entitled to vote for Dele- 
jjate to Congress was when you were subixenaed as a juror to appear at a term 
of the district court held at Valdez last June, was it not?—A. Yes, sir. 

Q. On your atlidavit, at that time that you l)e excused as a juror, you stated 
that you had not taken out your linal pai)ei‘s and that you were instructed 
that you were not entitled to vote for I)ele.i>jate to Congress for the reason 
that you were not an American (dtizen, did you not?—A. l^es, sir. 

Q. Did you say you voted for Delegate to Congress on November o, 1918?— 
A. Yes, sir. 

Q. Before November 5, 1918, you were aware, were you not, that a person 
who has taken out their tirst papers can vote in Alaska at municipal elections, 
but can not vote in general elections? Those elections at which you voted 
previous to November 5, 1918, Avere mostly municipal elections, AA’ere they 
not?—A. They AA’ere mostly city elections. 

Q. The time you A’oted on tlie otli day of November, 1918, you believed you 
Avere entitled to A’ote at that election? —A. I helieA^ed that I Avas entitled to A’ote. 


Cross-examination : 


A. 


Q. You stated that you AA’ere excused from the jury ; 
1919. 


Avas it 1918 or 1919?— 


Wm. R. Gerrie. 


CERTIFICATE OF NOTARY. 


I, Frank H. Foster, a notary public in and for tlie Territory of Alaska, 
duly commissioned, sAA’orn, and <pialitied, do hereby certify that the pleadings 
atlixed to these depositions, together Avith the notice of taking said depositions, 
AA'ere presented to me by T. J. Donohoe, attorney for Contestee George B. 
Grigsby, before the taking of said depositions, and have been attached hereto 
by me and made a part of these depositions, 

I fui'ther certify that the Avitnesses named in the foregoing depositions, to 
Avit, ]Mrs. Hans Hansen,, Gust Cozakas, George E. Walker, Arthur H. Pinkus, 
K. G. Robinson, R. H. Jj. Noaks, T. .1. iHinohoe, William R. Gerrie, AA^ere 
by me each duly SAA’orn to tell the truth, the AA’hole truth, and nothing but 
the truth before giving their said deposition ; that thereupon said depositions 
AA’ere taken, at the time and place mentioned in the annexed notice of taking 
depositions, to Avit, at my hiAV office in the tOAvn of Cordova, Tenltory of 
Alaska, commencing at the hour of 2 o'clock in the afternoon and ending at 
the hour of 5 o’clock of the 19th day of September, 1919; that said depositions 
Avere taken in shorthand by Frank Burns, stenogi-aphei’, ami by him reduced 
to typeAvriting; that after said depositions had been reduced to typoAvriting 
they AA’ere carefully read by me to each of said Avitnesses and the deposition 
of each Avitness corrected by the respective Avitness and subscribed and SAVorn 
to by each respective Avitness in my presence. 

That there Avas present at the time and place of taking said depositions T. 
J. Donohoe, attorney for contestee, George B. Grigsbj’, Avho conducted the direct 
examination for and on behalf of said contestee, and George Dooley, attorney 
for contestant, James Wickersham, aa’Iio conducted the cross-examination of 
said AA’itnesses for and on behalf of said contestant. 

That the foregoing depositions contain a full, true, and correct transcript of 
the testimony giA’en by each of said Avitnesses at the time and idace aforesaid; 
also contains a full, true, and correct transcript of all objections interposed 
to said testimony at the time and place of taking said depositions by the 
attorney for the respective parties; also contains a full, true, and correct 
transcript of all statements made by the attorneys of the resi)ective parties 
relative to said testimony; also contains all original exhibits introduced in 
evidence at the time of taking said depositions, to Avit: “ Contestee’s Exhibit 
A, attached to the deposition of Gust Cozakas. being an affidaA’it made by Gust 
Cozakas on the Ibth day of September, 1919; contestee's Exhibit B, attached 
to the deposition of George E. Walker, being an affidavit made by Frank H. 
Foster on the 18th day of September, 1919; contestant’s Exhibit !, attached 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 379 


to the deposition of Arthur II. Pinkus, being an affidavit of Arthur II. Pinkns, 
made the 21st day of Angnst, 1919 ”: 

In witness whereof I have hereunto set my hand and affixed iny official seal 
at Cordova, Alaska, this Gth day of October, 1919. 

[skat..] . Franiv II. Foster, 

Notary pvJjlic for the Territory of Alaska. 

My commission expires April 6, 192R. 


NOTrCE OF TAKlNd DEPOSITIONS. 


To the Jlon. Janies Wickershain, eontcstant, and J. L. Reed, his duly authorii^ed 

ay cut: 

Yon and each of yon will please take notice that the testimony by deposition 
of the hereinafter-named witnesses, on behalf of the above-named contestee will 
he taken before Frank J. Hayes, anotary public for the Territory of Alaska, at 
the dates and places hereinafter stated: 

First. The testimony of P. F. Vian, Fred Tooko, Mike Bayo, Camille McGowan, 
I'red Kalashoff, George Anocknick, Andrew Dolchok, A. Alexanderoff, Alex Fox, 
Nikita Fox, Fred Bowen, Nick Sarakoff, John Benner, Simon Mercnre, Samuel 
^lercnre. Joe Loco, IJzzie Markle, Seiiophant Mahitiii, Julian Chichenoff, Con¬ 
stantine Liiko, .S. Gnssolf, George Kalanga, I. J. Stere, S. P. Oskoloff, Nick 
Mishikoff, Alex Beristoff. Steve Hornyak, B. G. Goodman, Albert Flander, Yarsa 
Tmkanon, Anton Dolchak, Jc'hn Taleknak, J. A. Hart, S. Stoffer, Lizzie Block, 
Mrs. George B. King, Agnes Barnes, li. B. Markle, C. W. Harrington, Mrs. C. W. 
Harrington, J. B. Crittenden, and other witnesses whose names to the contestee 
are unknown, all of whom reside at or near Seldovia, Alaska, will be taken at 
the office of the deputy United States marshal at Seldovia, Alaska, on or about 
the 19th day of September, 1919, at the hour of 3 o’clock p. m., or as soon there¬ 
after as i)ossible, after the arrival of the steamship Admiral Watson at Seldovia 
on her voyage now scheduled to sail from the city of Seattle. State of Washing¬ 
ton, on or alunit the 10th day of September, 1919. 

Second. The testimony of Karl Armstrong, P. D. Blodgett, Cecil King, P’'atlier 
Kashavaroft', and other witnesses whose names to the contestee are unknown, 
all of whom reside at or near Kodiak, Alaska, will be taken at the office of 
the deputy United States marshal at Kodiak, Alaska, on or about September 
22, 1919, at the hour of 10 o’clock a. m. of said da.y, or as soon thereafter as 
liossible after the arrival of the steamshij) Admiral Watson nt Kodiak on her 
voyage now scheduled to sail from the city of Seattle, State of Washington, 
on or about the 10th day of September, 1919. 

Third. The testimony of Ivan Derenoff, Simeon Bresetoff, Ivan Altioon, Xeno- 
phant Gregioff, Logan Channn, Radio Malntin, Mafrey Agick, Tnmofry Naya, 
Ivan Gregorioff, Gregory Y'akonak, M'asele Eshnwak, John l^akonak, Alexander 
laikin, .Alex. Knagin, sr., Na.stacia Kilegman, Charles AA". Pajoman, AAhisele 
Apolon, Paul Nekrasoff, Alexandra Nekrasoff, Matrona Pajoinan, Alichael Bos- 
kosfsky, Nicholai Shangin, Serga.v Sharatin, Emellian Petellin, Alenxander 
Simeonoff, Alfred Nelson, Martin Larsen, John P. Johansen, .Tohn J. Keegan, 
Louis Berg, .Tnliiis P^orsman, John Tanshwak, Nikolai Agick, and other wit- 
nes.ses whose names to contestee are unknown, all of whom reside at or near 
Afognak, Alaska, will be taken at the i)nblic-school house at Afognak, Alaska, 
on or about the 23d da.v of September, 1919, at the hour of 1 o’clock p. m. of 
said da.v, or within 24 hours after the arrival of the steamship Admiral Watson 
at Kodiak, Alaska, upon her voyage now scheduled to sail from the city of 
Seattle, State of AAhishington, on or about the 10th day of September, 1919. 

Hereof you will take due notice. 

George B. Grigsby, 

Contestee. 

By Anthony .1. Dimond, 

Agent and Attorney for Contestee. 


Service of the above and foregoing notice is hereby accepted at ATildez, 
Alaska, this 12th day of September, 1919. 


James AVici^ersham, 


Contestant. 


B.v J. L. Beed, 

Authorized Agent for Contestant. 


Be it remembered that pursuant to the statutes of the United States rela¬ 
tive to the contest in the election case and proceedings in the case of James 


380 WICKERS HAM YS. SULZER, DECEASED, AND GRIGSBY. 


Yv’k'kei’sliaiii v. Cliai'les A. Siilzer and Janies Wiekershain v. Georj?e IE Gri?;sl)y, 
contestinj; tlie election case in the House of Ue])resentatives for tlie ri^lit to u 
seat as I)e]ej?ate from the Territory of Alaska, and pnrsnant to the hereto 
attached notice of taking depositions on hehalf of contestee, George IE Grigsby, 
said i)arties appeared before Frank J. Hayes, notary imhlic for Alaska, at the 
schoolhonse at Afognak, Alaska, on the 23d day of September, 1919, ami at the 
hall of I’anl CJdclienoit at Afognak, Alaska, on the 24th day of September, 
1919, there being })resent P^'rank J. Hayes, notary i)iihlic; Ph-ed Sargent, inter¬ 
preter; Carl Ahny, appearing as attorney for George IE Grigsby, contestee; 
and George Sexton, ai)i)earing for James Wiekershain, contestant, the follow¬ 
ing proc(*edings were had: 

DEPOSITION OF MARTIN LARSEN. 

Direct examination by Mr. Aiaiy : 

Q. State yonr age, name, and residence.—A. ^Martin Larsen; hoiTi 18G0 ; 
reside at Afognak, Alaska. 

(k How long hav(‘ yon lived at Afognak?—A. Since 1(S93. 

Q. Were yon a judge of election at the election held on November 5, 1918?— 
A. Yes. 

Q. I hand yon herewith a list of names purporting to he a copy of the regis¬ 
tration hook for Afognak for the election held November 5, 1918, for Delegate 
to Congress and ask yon if this a copy of the registration book and a list of 
the persons registered at said election?—A. Yes. 

]Mr. Almy. The notary will please mark this registration list “ Plxhibit A ” 
and make and file it as a part of the records of this proceeding. 

Q. Did all the iiersons whose names appear on the list snhmitted to you vote 
at the election held on November 5, 1918?—A. Yes. 

Q. Are you acquainted with the natives of the Aleut village of Afognak?—A. 
Yes. 

Q. Are you acquainted with the inhabitants of the Creole village of Afog¬ 
nak?—A. Yes. 

Q. You were at Afognak on November 5, 1918, as a judge of election?—A. 
Yes. 

Q. Do you know the residents of Afognak—which ones are Aleuts and which 
are Creoles?—A. Yes. 

Q. Is Ivan Alhoon, who voted on election day, November 5, 1918, an Aleut? 

(Objection by attorney for James Wiekershain that name Plvaii Alhoon is 
not on list of supposed voters for examination.) 

Mr. Almy. Contestee desires record to show that the only difference in the 
name as spelled in Kxhibit A and as spelled in the notice of taking of deposi¬ 
tions is in the spelling of the first name “ Evan,” which appears in the notice of 
taking of deposition spelled ” Ivan.” 

A. I can’t say whether or not he is an Aleut. 

Q. Where does he live?—A. In Aleut town. 

(). He lives with the rest of the Indians?—A. Yes; he lives in the Aleut 
village. 

Q. Is Ivan Derenoff, who voted on November 5, 1918, at said election, an 
Aleut?—A. I believe he is. 

Mr. Sexton. Same exception as to the first witness, on account of spelling of 
name. 

Contestee desires to state that it is merely a clerical error with the spelling 
of Evan Avith an “ I ” instead of an “ E.” 

Q. Do you know Simeon Berestoff, and is he an Aleut?—A. I know him; he is 
Creole, I believe. 

(). Is Mafrey Agick an Aleut? Where does he live?—A. Yes, sir; he lives in 
the Aleut village. 

(). Is Wasele Apolon an Aleut, and where does he live?—A. I don’t know him ; 
believe he lives at Uganik. 

Q. Is IVIichael Boskofsky an Aleut, and where does he live?—A. He is an 
Aleut and lives in Creole town. 

Q. Is I.ogan Chaiinn an Aleut and where does he live?—A. He is an Aleut and 
lives in Aleut village. 

Q. Is Tladion Malutin an Aleut and where does he live?—A. He is a Creole 
and lives in Creole village. 

(). Is AVasele Eshnwak an Aleut and where does he live?—A. He is an Aleut 
and lives in Aleut village. 

Q. Is Nastacia Kilegman an Aleut and where does she live?—A. She is an 
Aleut and lives in the Aleut village. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


381 


Q. Is Tumofry Naya an xVleiit and where does he live?—A. I don’t know what 
he is; he lives in Aleut town now. 

Q. Is .Tohn Tanshwak an Alent?—A. Yes, sir; he lives in the Aleut village. 

Q. Is John Yakonak an Aleut, and where does he live?—A. I can’t say. He 
lives in the Aleut village? 

Q. Is Gregory Yakonak an Aleut, and where does he live?—A. I can’t say; 
he lives in tlie Aleut village. 

Q. Is Ivan Gregoriotf an Aleut?—A. No, sir. 

Q. Is Alexandra Nekrasofl; an Aleut and where does she live?—A. She is a 
Creole, I believe. 

Q. Is Nicholai Shangin an Aleut and where does he live?—A. I don’t 
know him. 

Q. Was any assistance given voters in helping to make out their tickets at 
Afognak at the election on November 5, 1918?—A. No. 

Q. Do you know whether the Aleuts and Creoles with regard to whom you 
have just been (piestioned can read or write English? 

Mr. Sexton. I wish to enter a general objection to all answers and questions 
as regards the nationality as to whether they are Creoles, Aleuts, or natives 
referred to in these questions by this witness, as he stated he could tell who 
were Aleuts and who were Creoles and has failed in five instances 

Q. Do you know whether the Aleuts in Afognak have a chief?—A. Yes, sir; 
the.v have a chief. 

(>. What is his name?—A. John Tanshwak. 

Q. Do the Aleuts live together by themselves?—A. No; there is three or 
four white men living around them. 

(}. The Ahnits living at Afognak live in one part of town?—A. Yes. 

Q. Has the chief of the Aleuts any control over the Aleuts and is he gen¬ 
erally obeyed?—A. He has some kind of control over them. 

Q. Do you know whether- many of the Aleuts can read and write English?— 
A. I can’t say. The Aleut chief can write and read. 

Q. Do you know anything about the fishing reservation on the waters adja¬ 
cent to Afognak as to whether or not it has been reserved for Alaska natives?— 
A. I know the natives from Afognak can fish in these waters. 

■ O. Can any white man fjsh in these waters adjacent to Afognak who is not 
married to a native?—A. No. 

O. It is a 1 ‘eserve made for Alaska natives?—A. Y"es. 

Mr Sexton. Referring to the compiled laws of Alaska, 1913. w^nb-h contains 
verbatim all reservations made by the President of the United States in 
regard to fish preserves, forestry reservations, and all other resei—Dons made 
in this vicinity which paticularly specifies that all regulations ncvle in these 
reservations do not affect citizens as regai-ding their qualifications as citizens or 
voters. 

Cross-examination by ]Mr. Sexton : 

Q. Yh)U say that the Aleuts have a chief, who has control over the Aleut 
village and natives?—A. Yes. sir. 

Q. In what way does this chief control these natives?—A. In case of fixing 
up town he tells the natives to come out and give a hand, working on the road, 
putting gravel around church, etc. 

Q. Do these people under this chief lielong to the Greek Church?—A. Yes. 

O. The.v go to school?—A. Yes. 

Q. They live in houses?—A. Yes. 

Q. Each family has a house by himself?—A. Y^es. 

Q. Thev wear white man’s clothes?—A. Y"es. 

Q. The.v are subject to all Federal officers in this division, like the marshal 

here, and obey him?—A Y>s. 

O. Their children go to school?—A. Y^es. 

Q. They obey the rules of the school board?—A. Yes. 

O. Their children learn to read and write?—A. Y>s. 

Q. Nearly all of the parents of these children that go to school can read and 
wrfte?—A. No; however, some of them can read and write. • 

Q. They don’t live as a tribe of Indians?—A. No. 

Q. They live just the same as white people?—A. Yes. 

Redirect examination by Mr. Almy : 

Q. Can the men and women whom you have stated in your direct examination 
to be Aleuts or living in the Aleut village read and write the Ignglish lan¬ 
guage?—A. No. 


382 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do tlie Aleuts live in log liouses?—A. Yes. 

(i. Iljive they a chief who has general supervision over their affairs?—A. 
Yes. 

Q. Isn’t that the manner in which the Indian tribe of Alaska have lived dur¬ 
ing your experience in Alaska?—A. I don’t know' wdiich way the Indians of all 
Alaska lived. 

Q. Is that the w'ay the Indians of Afogiiak lived?—A. Yes. 
Recross-exaniination by INIr. Sexton : 

Q. Do any of these people w'hom you call Aleuts live in frame houses?—A. 
Yes; they live in l)oth frame and log houses. 

Q. They have about as many frame houses as they do log hou.ses?—A. No; 
they have mostly log houses. 

Q. That is because it is easier for them.to get logs than to get lumber?—A. 
Yes. 

Martin Larsen. 


Subscribed and sworn to before me this 23d day of September, 1919. 

[SEAL.] Frank .1. Hayes, 

Notary Fuhlic for Alaska. 


]\Iy commission expires ^lay 19, 1921. 


DEPOSITION OF EVAN DERINOFF. 


Fred Sargent duly and regularly sworn as interpreter. 


Direct examination by Mr. Almy : 

Q. What is your name and wdiere do you live?—A. Evan DerinofC; I live in 
Creole village of Afognak. 

Q. Can you read and write the English language?—A. No; I can read and 
W'rite Russian, how'ever. 

Q. Did you vote at the election held at Afognak November .5, 1918, at w'hich 
a Delegate to Congi-ess w'as voted for?—A. I did. 

Q. Who marked your ballot for you?—A. John Falstad marked it for me. 

Q. Where did he help you mark^your ballot?—A. In this schoolroom. 

Q. Where did you vote?—A. In this schoolroom. 

Q. Did you vote for Delegate to Congress on November 5, 1918, in the school¬ 
room at Afognak?—A. No; I voted in Chichenoff’s house. 

Q. Who did you vote for? 

IMr. Sexton. The w'itness does not have to answ'er this question, and I oliject 
to the question. 

A. I voted for Wickershani. 

PA’an Derinoff. 


Subscribed and sw’orn to before me this 23d day of September, 1919. 
[seal.] Frank .1. PIayes, 


]\Iy commission expires May 19, 1921. 


Notary Public for Alaska. 


DEPOSITION OF MATFREY AGICK (OR METFAY AGICK). 

Fred Sargent duly and regularly sw'orn as interpreter. 

Direct examination by JMr. Almy: 

Q. State your name and where you live.—A. Metfay Agick; I live in the 
Aleut village. 

Q. Can you read or w'rite the English language?—A. No. 

Q. Do you talk the Aleut language?—A. Yes. 

(}. Can you read or w'rite the Russian langunge?—A. No. 

Q. Did you vote at the election held at Afognak on November 5, 1918, at 
wdiich a Delegate to Congress from Alaska w'as voted for?—A. Yes; I voted. 

Q. Who helped'you mark your ballot?—A. I think, Emallian Petellin. 

Q. AVho did you vote for? 

IMr. SiixTON. I object; and I want the interpreter to tell the w'itness he 
don’t have to tell unless he wants to. 

Mr. Almy. You w'ill explain to the witness through interpretation that this 
is the attorney for James Wickersham, the contestant, w'ho is instructing him 
not to answ'er, and you will also tell him that if he refuses to answ’er a legal 
question he is subject to a tine. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


383 


A. I voted for AVickershaiii. 

Q. AVliere did yon yote at this election ; I mean the place?—A. Maybe here. 
Q. Where do yon mean by maybe here?—A. Here in Afog'nak. 

Q. AVhere in AfoLrnak?—A. Paul Chichenoff’s house. 

Q. Did yon put the ballot in the box yourself?—A. Yes. 

Mr. Almy. That is all. 


Cro.ss-examinatlon by Mr. Sexton : 

Q. Are yon an Aleut, Russian, or Creole? 

IMr. Almy. I object as not proper cross-examination. 

A. I am an Aleut. 

Metf.vy (his X mark) Agick. 

Witnesses to mark of ]Metfay Agick: 

Ceo. Sexton. 

Carl Allnut. 


Subscribed and sworn to before me this 23d day of September, 1919. 


tSEAL.j 

iMy commission expires May 19, 1921. 


Frank .T. Hayes, 
Notfiry PuhJic for Alaska. 


DPmOSTTION OF ALEXANDRIA NEKRASOFF. 

Fred Sargent dnly and regularly sworn as interpreter. 

Direct examination by ^Ir. Almy: 

Q. AVbat is yonr name and where do yon live?—A. Alexandria Nekrasoff; I 
live in Afognak. 

Q. Are yon an Aleut?—A. No: I am a Creole. 

Q. What part of Afognak do yon live in?—A. .Inst a short distance beyond 
Petellin’s store in Afognak proper. 

Q. Who is yonr hnsband?—A. Paid Nekrasoff. 

Q. Is he an Alent?—A. No; creole. 

Q. Can yon read and write the English language?—A. I cant’ read or write 
English. 

Q. Can yon talk the Alent?—A. Yes. 

Q. Can yon read and write the Russian language?—A. No. 

Q. Did yon vote at the election held in Afognac on November 5, 1918, at which 
a Delegate to Congress from Alaska was voted for?—A. Yes. 

(}. Who helped yon mark yonr ballot?—A. IMr. Petellin. 

Q Was yonr father an Alent or Creole?—A. A Creole. 

Q. Who did yon vote foi-? 

Mr. Sexton. I object. The interpreter will tell the witness that she does not 
have to answer unless she wants to. 

A. I voted for Wickersham. 

Q. Who told yon to vote for Wickersham?—A. Nobody. 

Cross-exannnation by Mr. Sexton : 

Q. Yon live in a house the same as the white people hei’e?—A. Yes. 

Q. Do yon belong to church?—A. Yes. 

Q. Yon have furniture the snme in house as Mr. Petellin and other people 
who live here?—A. AVe have chairs and tables. 

Q. Do yon raise gai’dens?—A. Yes. 

(}. Do yon have chickens or a cow?—A. Y^es. 

Q. Yon make butter?—A. Yes; we make hntter for onr own use. 

Q. Y"on have children?—A. One hoy, 13 years old; he is adopted by ns. 

Q. He goes to school, reads, and writes?—A. Yes. 

Alexandra (her X mark) Nakrasoff. 

Witnesses to mark: 

Geo. Sexton, 

Carl Almy. 

Snbscrihed and sworn to before me this 23d day of September, 1919, 

[seal.] Frank .T. Hayes, 

Notary rnhlic for Alaska. 


My commission expires May 19, 1921. 


384 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF MICHAEL BOSKOSFSKY. 

Fred Sargent, duly and regularly sworn as interpreter. 

Direct examination by INIr. Almy. 

Q. What is your name and where do you live?—A. ^Nlichnel Itoskofsky; I live 
in Afognak. 

(}. What part of Afognak do you. live in?—A. Outside of Creole town— 
Derevnia. 

Q. Did you live there on November 5, 1918?—A. Yes. 

Q, Do you speak, read, or write the English language?—A. I can understand 
American language, but can’t talk it; I can’t write or read or write the Ameri¬ 
can language; neither can I read or write the Kussian language. 

Q. Are you an Aleut?—A. No; I am a Creole. 

Q. Was your father an Aleut?—A. No; Creole. 

Q. Do the Creoles have a chief?—A. Yes. 

Q. What is his name?—A. Evan Derehoff. 

(}. Does the chief have authority over the affairs of the Crooles?—A. Yes. 

Q. Is he generally obeyed?—A. Yes. 

Q. Who is the l*resident of the United States?—A. I don’t know. 

(]. Who is the governor of Alaska?—A. Wickersham. 

Q. AVho is the judge for this division of Alaska?—A. I don’t know. 

Q. Who is the i)resent Delegate to Congress from Alaska?—A. I don’t know. 

Mr. Sexton. I object to the questions asked this witness and ask tliat they be 
stricken from the record. 

Q. Is the Ihiited States a monarchy, a republic, or kingdom?—A. Kingdom. 

Q. Did you vote on the 5th day of November, 1918, at the election of a Dele¬ 
gate to Congress from Alaska?—A. I did. 

(>. Who did you vote for? 

Mr. Sexton. I object, and I want the interpreter to tell the witness he does 
not have to tell for whom he voted. 

A. I voted for Wickersham. 

i}. Who heli)ed you mark your ballot?—A. I put my own cross there, but told 
Emellian l‘etellin to write out the name. 

Cross-examination by INIr. Sexton. 

Q. How old are you?—A. I am 45 years old. 

Q. How many years have you been voting?—A. Since starting to vote I have 
voted right along, only when away from town. 

Q. Are you a married man?—A. Yes. 

Q. Any children?—A. From first wife two children, from second wife four 
children. 

Q. Do ary of them go to school?—A. Yes. 

Q. You live in house like other people in Afognak?—A. Yes. 

(}. Do you have a boat and fish?—A. I have dory, sein skiff; fish in summer. 

Q. Do you have a garden?—A. Yes. 

Q. You live just like white man or anyone else lives in this country?—A. 
Yes. 

Mr. Almy. I object to questions as being so indefinite that the witness can 
not intelligently answer. 

Q. Do you pay any taxes?—A. I paid one tax of $4.20, but have paid none 
this year because tax collector did not come around. 

Redirect examination liy Mr. Al^^iy : 

Q. Isn’t it a fact your father was an Aleut?—A. No. 

Q. Isn’t it a fact you were adopted by Creole family?—A. I don’t know; it 
was just now that I found out I was adopted by Creole family. 

Q. Do you remember who your father and mother were?—A. I don’t know 
my father or mother, but I know my adopted parents that put me on my feet. 

Q. Where were you born—A. Afognak. 

Q. You are not sure that your parents were Aleuts or not?—A. No; but I 
am sure people that adopted me were Creoles. 

Q. Do you obey the rules and regulatioi s of the chief of Creole village?— 
A. Yes. 

Q. Do you recognize the chief of the Aleut village?—A. Anything chief tells 
me to do, I obey. 


WICKERSHAM VS. SULEER, DECEASED, AND GRIGSBY. 385 


Kecro.ss-examinatioii by Mr. Sexton : 

Q. You try to be a good citizen, don’t yon?—A. Yes. 

(}. We have a United States marshal, Karl Armstrong?—A. Yes. 

Q. You know we have a United States commissioner, who is a local judge?— 
A. Yes. 

Q. You would listen to them rather than to your Creole chief, wouldn’t 
you?—A. Yes. 

Q. You listen to Creole chief in regard to matters in home community?—: 
A. Yes. For nobody here to obey only chief. 

(}. If chief told you to do something and marshal told you something else, 
who would you obey?—A. The judge. 

Michaee (bis X mark) Boshkofsy. 

Witnesses to mark: 

Geo. Sexton. 

Carl Almy. 

Subscribed and sworn to before me this 23d day of September, 1919. 

[seal.] Frank J. Hayes, 

Notary Public for Alaska. 

My commission expires May 19, 1921. 

DEPOSITION OF ALEXANDER LUKIN. 

Fred Sargert duly and regularly sworn as interpreter. 

Direct examination by Mr. Almy : 

Q. What is your name, and where do you live?—A. Alexander Lukin; I live 
in the Aleut town of Afognak. 

Q. Are you an Aleut?—A. No; I am a Creole. 

Q. Can you speak, read, or write the English language?—A. No. 

Q. Can you read or write the Russian language?—A. No. 

Q. Do you speak the Aleut language?—A. I speak two languages, the Rus¬ 
sian and Aleut. 

Q. r)id you vote at the election held at Afognak on November o, 1918, at 
which a delegate to Congress from Alaska was voted for?—A. Yes. 

Q. Who helped you mark your ballot[—A. Emellian Petellin. 

(). For whom did you vote for delegate to Congress? 

Mr. Sexton. ]Mr. Inter])reter, you will inform the witness that be does not 
have to answer that question unless he wants to. 

A. Wickei’sham. 

(). Who told you to vote for Wickersbam?—A. Nobody told us, as we voted 
for him before. 

Q. What form of government do we have in the United States of America?— 
A. I don’t know ; nobody informed me. 

Q. Who is the President of the Fruited States of America?—A. I don’t know. 

(F Who is the governor of Alaska?—A. I don’t know. 

(L Do you know who the United States judge for the third division of Alaska 
is?—A. No. 

Q. Who else besides a Delegate to Congress did you vote for at the election 
on November 5, 1918? What other officer did you vote for? 

Mr. Sexton. I object on the ground that there is no other candidate election 
being contested at this hearing. 

A. I oidy voted for the Delegate; I only cast one vote. 

Q. AVho is the chief of your people?—A. Evan Derinoff. 

Q. Does he have general charge of the affairs of your people?—A. He used 
to some years ago, but now as he is old he ain’t as good as formerly. 

Cross-examination by ]Mr. Sexton : 

(}. Dn election day you had to ask somebody that you can talk to about the 
candidates on the ticket?—A. No; I didn’t ask nobody. 

Q. You bad somebody mark your ticket for you?—A. Emellian Petellin 
marked it for me. 

Q. AVho told you to have Emellian Petellin mark your ticket?—A. There were 
three judges here, and because I could not write I had one of them mark it 
for me. 

Q. AAbis I’etellin one of the three men on election board?—A. Yes. 

1.01279—20-25 



386 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Whenever the Alieiits and Creoles in Afognak go to the polls to vote on 
election day there is always some one at the place of election designated or 
pointed out for them to have their ballots marked by?—A, Yes. 

Q. Did yon tell Mr. retellin Vdio yhn wanted td vote for?—A. Yes. 

Alexander (his x mark) Lukin. 

Witnesses to mark: 

Geo. Sexton, 

Carl Almy. 

Subscribed and sworn to before me this 24th day of September, 1919. 

I SEAL. 1 Frank J. Hayes. 


DEPOSITION OF PAUL NEKASOFF. 

Fred Sargent duly and regularly sworn as interpreter. 

Direct examination by Mr. Almy : 

Q. AVhat is your name and where do you live?—A. Paul Nekasoff. I live in 
main part of Afognak. 

(}. Did you live in Afognak on November 5, 1918?—A.-. 

Q. Do you speak, read, or write the Plnglish language?—A. I don’t. 

Q. Can you speak the Aleut language?—A. Yes. 

Q. Are you an Aleut?—A. No; I am a Creole. 

Q. Was you father an Aleut?—A. Creole. 

(}. Did you vote at Afognak on the 5th day of November, 1918, at the election 
held to elect a Delegate to Congress from Alaska and orher officers?—A. Yes. 

Q. Who did you vote for? 

Mr. Sexton. The witness will be informed that he does not have to answer 
that question unless he wants to. 

A. I voted for IVickersham, 

Q. Who marked your ballot for you?—A. Martin Larsen. 

Q. Who told you to vote for Wickersham?—A. Nobody told me; there were 
three different ballots on the table, and I voted for Wickersham. 

Q. Who told you to go to the election and vote?—A. Emellian Petellin. 

(}. When Petellin told you to go and vote didn’t he tell you to vote for 
Wickersham? 

INIr. Sexton. I object to question ; witness already said he voted for Wicker¬ 
sham, and nobody told him to vote for Wickersham. I sincerely object, as wit¬ 
ness has alreadv voluntarilv stated he voted for Wickersham. 

A. No. 

Q. What other officers were voted for at that election?—A. There were three 
ballots there, but didn’t know any other names. 

Q. Did you vote for anyone for attorney general of Alaska? 

Mr. Sexton. I object; question has no right being put to this witness. 

A. No; I only voted for one. 

<). Do you know what an attorney general is?—A. No. 

Q. Who is the President of the United States of America?—A. I don’t know. 

Q. Who is the Governor of Alaska?—A. I don’t know. 

C. Why do they hold elections?—A. I don’t know. 

Q. What form of Government do we have in the United States of America?— 
A. I don’t know. 

(}. What office was Wickersham running for in the election held November 5, 
1918, at Afognak?—A. Delegate from Alaska. I thought if he was elected he 
would help out the natives of Alaska. 

Cross-examination by Mr. Sexton : 

Q. Do you have a Creole chief in Afognak?—A. No chief in Afognak now; 
he is a kind of a foreman. 

Q. You do not live as a Creole tribe under a chief?—A. He ain’t a chief 
really; he is a kind of a foreman. 

Q. If the Creoles in Afognak should want a new chief, how would they get 
the new chief?—A. I don’t know. 

Q. If you were going to choose a new chief, wouldn’t you have a meeting of 
Creoles and elect a new chief?—A. Yes. 

Q. You understand, then, that the holding of an election and voting for a 
Delegate or governor or any other officer by the people the same as this Delegate 
election is done with the same idea as your electing a new chief?—A. Yes. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


387 


Q. Do you belong? to the Greek church?—A. Yes. 

Q. You have a priest here in charge of the church?—A. Yes. 

Q. You obey him in all church matters?—A. Yes. 

Q. \\ ho is your United States marshal here?—A. Mr. Armstrong. 

Q. You obey iNIr. Armstrong?—A. Yes. 

Q. If the priest of your Creole chief should tell you to do something and the 
marshal should tell you not to, who would you obey?—A. Both of them, Mr. 
Armstrong and the priest. I would obey iVIr. Armstrong before I would the 
priest. 

Q. You have a family?—A. Yes; wife, one daughter, and adopted boy. 

Q. They have an education?—A. IVIy adopted goes to ^'cbool, but daughter 
never went to school. She has eight children and they go to School. 

Q. You live in a hduse?—A. Yes. 

Q. You have cows and chickens?—A. Yes. 

Q. Do you dress and live like any white man?—A. Yes. 


Redirect examination : 


Q. Who is the Creole chief?—A. Paul Derinoff. 

Q. What is the name of the priest here?—A. Father Gerasis; 

Q. Does the priest speak English?—A. I don’t know. 

Q. Is the Creole chief an Alieut?—A. I don’t know whether he is a (heole 
or Aleut. 


Paul (his x mark) Nekasoff. 

Witnesses to mark: 

Geo. Sexton. 

Carl Almy. 


Subscribed and sworn to before me this 24th day of September, 1919. 

[seal.] Frank J. Hayes. 

Notary Public for Alaska. 


]My commission expires May 19, 1921. 


DEPOSITION OF SERGAY SHERATINE. 


Witness examined without interpreter, and being first duly sworn to tell the 
truth, the whole truth, and nothing but the truth, testifies as follows; 

Direct examination by Mr. Almy ; 

Q. State your name and where you live.—A. Sergay Sheratine; I live in 
Afognak. 

Q. Did you vote at the election on November 5, 1918, to elect a Delegate to 
Congress?—A. Yes. 

Q. How long prior to November 5, i918, had you lived at Afognak?—A. I 
lived here all the time. 

Q. How old are you?—A. 24. 

Q. Do you know anything about the fishing reservation in the waters 
adjacent tO Afognak?—^A. Yes. 

Q. Is it a reservation for Alaska natives?—A. Yes. 

Cross-examination by Mr. Sexton : 

Q. How many fioies have you voted?—A. Three times, since I was 21. 

Q. Do you understand in this fish reservation here protecting the Aleuts 
and Creoies in Alaska that it does not affect you as citizens or voters in 
Alaska? 

Mr. Almy. I object, as question is leading. 

A. No. 

Q. Are you married?—^A. Yes. 

Q. How long have you been married?—^A. Since October 24, 1915. 

Q. Does your wife read and write English?—A. Yes. 

Q. Did your wife tdte?—A. No; 

Sergay Sheratine. 

Subscribed and sworn to before me this 24th day of September, 1919. 

[seal.] Frank J. Hays, 

Notary Public for Alaska, 

My commission expires jMay 19, 1921. 


388 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY 


DEPOSITION OF TIMOFEY NAYA. 


Fred Sargent duly and regularly sworn as interpreter. 

Direct examination by Mr. Almy : 

Q. What is your name and where do you live?—A. Timofey Naya; I live 
in the Aleut village of Afognak. 

Q. Can you read or write the English language?—A. No. 

Q. Can you read or write the Russian language?—A. Yes; I can wrile a 
little Russian. 

Q. Are you an Aleut?—^A. Yes. 

Q. Did you vote at the election held in Afognak on November 5, 1918, at 
which a Delegate to Congress from Alaska was voted for?—Yes. 

Q. Who did you vote for? 

Mr. Sexton. Mr. Interpreter, you wil linform the witness that he does not 
have to answer that question unless he wishes. 

A. Wickersham. 

Q. Who marked your ballot for you?—A. I marked it myself. 

Q. Who told you where to mark your ballot? 

Mr. Sexton. I object to that question being put to the witness, as he said 
marked it himself. 

Mr. Almy. Contestee desires to state that the witness has sworn that he 
could neither read nor write the English language. 

A. Nobody told me; I marked it myself. 

(}. How did you know who you are voting for?—A. I understand the letters, 
but I can’t write or read. 

Q. Did anyone tell you to vote for Wickersham?—A. No. 

Q. Who is the President of the United States of America?—A. Wilson. 

Q. What form of government do we have in the United States of America?—■ 
A. I don’t know. 

(>. Who is the govei-nor of Alaska?—A. I don’t know. 

Q. Do the Aleuts have a chief?—A. Yes. 

(). Does he have general charge of Aleut Trilte here?—A. Our chief now 
don’t seem to take much interest; what he says, howevei*, we mind. 

Timofey Naya. 


Subscribed and sworn to before me this 24th day of September, 1919. 
[SEAL.] Feank .T. Hays, 

• Notary Public for Alaslza, 


IMy commission expires May 19, 1921. 


DEPOSITION OF SIMEON BERESTOFF. 


Fred Sargent duly and regularly sworn as interpreter. 

Direct examination by Mr. Almy : 

Q. What is your name and where do you live?—A. Simeon Berestolf; I live 
in Creole town of Afognak. 

Q. (tan you speak, read, or write the English language?—A. No. 

Q. Can you read or write Russian?—A. No. 

Q. Did you vote at an election held on November, 1918, at Afognak, at which 
a Delegate to Congress was voted for?—A. Yes. 

(j. Who did you vote for for Delegate to Congress? 

Mr. Sexton. The interpreter will tell the witness that he does not have to 
tell who he voted for unless he wishes to. 

A. I voted for Wickersham. 

Q. Are you an Aleut?—A. No; I am a Creole. 

Q. Who is President of the United States of America?—A. Wilson. 

Q. Who is the governor of Alaska?—A. I don’t know. 

Q. What form of government do we have in the United States of America?— 
A. Republican. 

Q. Who markeil your ballot for you at the Delegate election?—A. Aired 
Nelson was one of the judges; he showed me the ballots and I asked Mr. 
Petellin to mark ballot for me. 

Q. Who is the Creole chief?—A. Derinoff. 

Q. Does he tell you people what to do?—A. He is a kind of an overseer; he 
ain’t a regmlar chief. Anything in the way of repairing the road or church he 
looks {ifter. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 389 


Cross-examination by ]Mr. Sexton : 

Q. Did anyone tell you who to vote for at this election referred to?—A, Yes; 
they always lianjr ui) a notice of election, and besides that they always have u 
picture of the Delegate, and on election day we go and vote. 

Q. On election day did anyone tell you to vote,for Wickersham?—A. No. 

Simeon (his X mark) Bekestoff. 

Witnesses to mark: 

Carl Almy. 

Geo. Sexton. 

Subscribed and sworn to before me this 24th day of September, 1919. 

[SEAL.] Frank .T. Hayes, 

Notary Puhlic for Alaska. 

My commission expires May 19, 1921. 

DEPOSITION OF JOHN TAUSHWAK. 

.JOHN TAUSHWAK. being tirst duly sworn to tell the truth, the whole truth, 
and nothing but the truth, testified as follows: 

Direct examination by Mr. Almy : 

Q. What is your name, and where do you live?—A. .John Taushwak. I live 
in the Aleut village of Afognak. 

(). Are you the Aleut chief?-—A. I am. 

Q. Do you know Tichon Sheratine?—A. I do. 

Q. Where is he now?—A. Uyak Bay, about 50 miles from here. 

Q. Do you know .John Sheratine?—A. Yes. 

Q. Where is he?—A. He was here last night. 

<}. Do you know Evan Alhoon?—A. Yes. 

Q. Where is he?—A. He is cutting logs 20 miles from here. 

(}. Do you know Nicolai Agick?—A. Yes. 

Q. Where is he?—A. He went to Danger Bay, 25 miles from here, yesterday. 
(}. Do you know Nastacia Kilegman?—A. Yes. • 

Q. Where is he?—A. At Uganik, 30 miles from here. 

Q. Do you know Peter Malutin?—A. Yes. 

Q. Where is he?—A. Here in Afognak. 

Q. Do you know Nicolai Shangin?—A. Yes. 

Q. Where is he?—A. At cannery at Uyak Bay 
Q. Do you know Afoney Malutin?—A. Yes. 

Q. Where is he?—A. At Uyak Bay. 

Do you know Wasele Apolon?—A. Yes. 

Q. Wheer is he?—A. At Ouzinki. 

Q. Do you know Wasele Eshwank?—A. Yes. 

Q. Where is he?—A. At Uyak Bay. 

Q. Do you know Xenophant Gregorioff?—A. Yes. 

Q. Where is he?—A. I think he is not in town. 

Q. Did you vote at the election held at Afognak on November 5, 1918, at 
which election a Delegate to Congress from Alaska was voted for?—A. No; 
I was down at Latouche at that time and didn’t know there was an election. 

Cross-examination by Mr. Sexton ; 

Q. Do you, as chief, exercise any control over these people as to whom they 
should vote for?—A. No. 

John Taushwak, 

Subscribed and sworn to before me this 24th day of September, 1919. 

[seal.] Frank J. Hayes, 

Notary Puhlic for Alaska. 

INIy commission expires May 19, 1921. 

certificate of notary. 

United States of America, 

Territory of Alaska, ss: 

I, Frank J. Hayes, a notary public in and for the Territory of Alaska, duly 
commissioned, qualified and sworn, do hereby certify that Fred Sargent was 
duly sworn as an interpreter to correctly interpret the English language into 
the Aleut language and the Aleut language into the English language in taking 


390 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


the depositions of the hereinafter named witnesses and acted as such interpreter 
in the taking of said depositions. 

And I further certify that the witnesses named in the foregoing depositions, 
to wit, Martin Larsen, Evan Perinoff, Matfrey Agick (Metfay Agick), Alex¬ 
andria Nekrasoff, Michael Boskofsky, Alexander I.ukin, Paul Nekasoff, Sergay 
Sheratine, Timofey Naya, Simeon Berestoff, and .John Taushwak, were hy me 
each duly sworn to tell the truth, the whole truth, and nothing i)ut the truth 
before giving their said depositions; that thereupon the depositions of the said 
Martin Larsen, Evan Derinolf, Matfrey Agick (Metfay Agick),, Alexandria 
Nekrasoff, and Machael Boskofsky were taken at the schoolhouse’at Afognak, 
Alaska, between the hours of 8 o’clock and 11 o’clock in the afternoon of the 
23d day of September, 1919, and the depof^itions of Alexander Lukin, Paul 
Nekasoff, Sergay Sheratine, Timofey Naya, Simeon Berestoff, and .John Taush¬ 
wak were taken at which is known as Paul Chichenoff’s hall at Afognak, 
Alaska, between the hours of 10 o’clock and 11,30 o’clock in the morning of 
September 24, 1919. That said depositions were taken by me on the type¬ 
writer and said depositions were then carefully read by me to each of said 
witnesses and the depositions of each witness corrected by the respective 
witness and subscribed and sworn to by each respective witness in my presence. 

That there were present at the time and place of taking said depositions, 
Carl Almy, attorney for Contestee George B. Grig.sby, who conducted the direct 
examination for and on behalf of said contestee and George Sexton, attorney 
for Contestant .James Wickersham, contestant, who conducted the cross-exam¬ 
ination of said witnesses for and on behalf of said contestant and Fred Sar¬ 
gent, the interpreter. 

That the foregoing depositions contain a full, true, and correct transcript of 
the testimony given by each of said witnesses at the times and places afore¬ 
said ; also contains a full, true, and correct transcript of all objections, inter¬ 
posed to said testimony at the time and place of taking said depositions by the 
attorney for the respective parties; also contains a full, true, and correct 
transcript of all statements made by the attorneys of the respective parties rela¬ 
tive to said testimony; also contains Exhibit A, introduced in evidence by Mr. 
Almy, the attorney'for George B. Grigsby, contestee, same being a certified 
copy of the election register of the 1918 Delegate election at Afognak, Alaska. 

In witness whereof I have hereunto set my hand and affixed my official seal, 
at Valdez, Alaska, this 10th day of October, 1919. 

[SEAL.] Frank .7. Hayes, 

Notary Public for Alaska. 

My commission expires May 19, 1921. 

Exhibit A. 

United States of America, 

Territory of Alaska, Third Division, ss: 

I, the undersigned clerk of the district court for the Territory of Alaska, 
third division, do hereby certify that the attached is a full, true, and correct 
copy of the original list of voters in Afognak precinct, Kodiak recording district, 
for November 5, 1918, election, as tlie same appears on file and of record in my 
office. 

In testimony whereof, I have subscribed my name and affixed the seal of the 
said court at Valdez, Alaska, this 13th day pf September, 1919. 

[SEAL.] LaNG, ClCrk. 

AFOGNAK. 


Tichon Sheratine. 
Paul Chichenoff. 

•John Sheratine. 

Paul Nekasoff. 

Peter Malutin. 
Nicholas Shangin. 
Elia Knagin. 

Simeon Berestoff. 
Anton Larsen. 

Ezore Kelingeau. 
Wasele Nekrasoff. 
Timofrey Naya. 
Xenophant Gregoroff. 


Michael Sussman. 
Evan Derenoff. 
Alex Seminoff. 

R. F. Spicer. 

Evan Alhoon. 
Alexander laikin. 
.7. .J. Falstad. 

W. E. Bauman. 

O. O. Brown. 
Alexis Chichenoff. 
IMike Boskofsky. 
Alex Knagin, sr, 
Alex Anderson. 


WICKERSHAM VS. SULZER, 

Alex Fredoliii. 

I‘eter Chiclienolf. 

Matfrey Agick. 

Nicolai Aj;ick. 

Chas. B. Gunderson. 

Afoney Maliitin. 

Efim Alpiak. 

John P. Johanson. 

Glias. Pa.joman. 

Arthur ^Nlarzan. 

Thos. M. Bojrers. 

Sergay Sheratine. 

Oust Hqlmherg:. 

Conley, 3 ; Sulzer, 12 ; Wickershain, 37. 


DECEASED, AND GRIGSBY. 391 

Norma Petellin. 

Mary Petellin. 

TiOuis Bei’f?. 

Mrs. J. S. Clark. 

Virginia Clark. 

Nicolai Boskofsky. 

Mattie Pa.joman. 

John Naumolf. 

Nicolai Sheratine. 

E. Petellin. 

Alfred Nelson. 

Martin Larsen. 

Alexander Chichenoff. 


Exitkd States of America. 

To i^Qward Kunz, David Waggoner, Charles W. Hawkesworth, F. P. Mercer, 
Charlie Booh, George Detnmert, Ed Marshall, Steve Ragan, John Doe, Richard 
Roe, Pcfgr Coe and Mary Doe, and Billie Brady, greeting: 

You are hereby commanded to he and api>ear before the undersigned, D. B. 
Chace, a notary public, at the offices of Hellenthal & Ilellenthal, in Juneau, 
Alaska, on Saturday, the 27th day of September, 1919, at the hour of 4 o’clock 
p. m. of said day, and tlhen and there testify under oath as a witness for con¬ 
test ee, George B. Grigsby, in the above-entitled proceeding. Hereof fail not. 

Witness my hand and official seal at Juneau, Alaska, this 26th day of Sep¬ 
tember, 1919. 

[SEAL.] D. B. Chace, Notary Public. 

My commission expires May 12, 1921. 


United States of America. 

To Ole Tolafson, greeting: . 

You are hereby commanded to be and appear before tbe undersigned, D. B. 
Chace, a notary public, at the office of Hellenthal & Hellenthal, in Juneau, 
Alaska, on Saturday, the 27th day of September, 1919, at the |hour of 4 o’clock 
p m, of that day and then and there testify under oath as witness for contestee, 
George B. Grigsby, in the above-entitled proceeding. Hereof fail not. 

AVitness my hand and official seal at Juneau, Alaska, this 27th day of Sep¬ 
tember, 1919. 

[seal.] D. B. Chace, Notary Public. 

My commission expires May 12, 1921. 


To the above-nan\ed contestant, James Wiekersham, and his attorneys, John 

Rustgard and John B. Marshall: 

Take notice that before D. B. Chace, a notary public, at the office of Hellen¬ 
thal & Hellenthal. in Juneau, Alaska, on Saturday, the 27th day of September. 
1919, beginning at the (hour of 4 o’clock p. m. of that day and thence continu¬ 
ing until completed, the contestee, George B. Grigsby, will take the depositions 
of J. W. Bell and Ole Thorensen, residents of Juneau, Alaska. 

Dated at Juneau, Alaska, this 27th day of September, 1919. 

George B. Grigsby, 

Contestee. 

Copy of the above notice received at Juneau, Alaska, this 27th day of Sep¬ 
tember, 1919. 

John Rustgard. 

To the above-named contc.^tant, Jgines Wiekersham, and his attorneys, John 

Rustgard and John B. Marshall: 

Take notice that before D. B. Chace, a notary public, at the offices of Hellen¬ 
thal & Hellenthal, in Juneau, Alaska, on Saturday, the 27th day of September, 
1919. beginning at the hour of 4 o’clock p. m. of that da.v, and thence continu¬ 
ing until completed, the conte^stee, George U- Grigsby, will take the depositions 
of the following witnesses residing at Junean, Alaska, to wit: Seward Kunz, 
David Waggoner, Charles AV. Hawkesworth, F. P. Mercer, Charlie Bobb, and 
Billie Brady. 


392 WIOKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


And of the following-named witnesses residing at the places respectively set 
opposite their names: 

George Demmert, Klawock, Alaska. 

Ed ^Marshall, Douglas, Alaska. 

Steve Ragan, Ketchikan, Alaska. 


And of .John Doe, Richard Roe, Peter Coe, and Mary Doe, whose true names 
and places of residence are unknown to contestee. 

Dated at Juneau, Alaska, this 2Gth day of September, 1919. 

George B. Grigsby, Contestee. 


Service of copy of foregoing notice is admitted this 26th day of September, 
1919. 


.John Rustgard, 
Attorney for Contestant. 


Be it remembered that pursuant to the notices hereto annexed, and on this 
27th day of September, 1919, at the hour of 4 o’clock p. m. at the offices of 
Hellenthal & Hellenthal in Juneau, Alaska, before me, D. B. Chace, a notary 
public for the Territory of Alaska, personally appeared Steve Ragan, Seward 
Kunz, Olaf Thoresen, J. W. Bell, George Demmert, David Waggoner, and 
(Charles W. Hawkesworth, witnesses produced for and on behalf of the contestee 
in the above-entitled matter now pending before the House of Representatives 
of the United States, Sixty-sixth Congress; also appeared George B. Grigsby, 
contestee, and J. A. Hellenthal and John R. Winn, attorneys for said contestee, 
and James Wickersham, contestant, and John Rustgard and John B. Marshall, 
attorneys for said contestant, and the following proceedings were had and 
testimony taken: 

AVhereupon John Rustgard objected to the taking of the testimony of any 
of the witnesses on the ground that suflicient time had not been given for the 
taking of said testimony. 

Thereupon the following stipulation was entered into between the respective 
parties: 


It is hereby stipulated by and between the parties hereto that all objections 
with reference to the time of serving notice has been waived with reference to 
the hereinafter-named witnesses, whose testimony may be taken at the offices of 
Hellenthal & Hellenthal without the service of further notice on Tuesday, 
September 30, 1919, at the hour of 8 o’clock p. m., and continuance may be 
had from time to time thereafter until the testimony has all been taken: 
Steve Ragan, Seward Kunz, Olaf Thorensen, J. W. Bell, George Demmert, 
David Waggoner, and Charles W. Hawkesworth. 

J. A. Hellenthal, 

Of Counsel for Contestee. 

John B. Marshall, 

Of Counsel for Contestant. 

^’hereupon the taking of the testimony of the above-named witnesses was 
continued until Tuesday, the 30th day of September, 1919, at the hour of 
8 o’clock p. m. of said day. 

Now, on this 30th day of September, 1919, at the hour of 8 o’clock p. m. all 
the above-named parties being present, the following proceedings were had 
and testimony taken: 

DEPOSITION OF STEVE RAGAN. 


STEVE RAGAN, a witness produced for and on behalf of the contestee, 
being duly sworn by the notary, testified as follows: 

Direct examination by Mr. Hellenthal : 

Q. AVbat is your name?—A. Steve Ragan. 

Q. Where do you reside?—A. Ketchikan, Alaska. 

Q. What, if any, oflicial position do you occupy?—A. Assistant United States 
attorney. 

Q. How long have you occupied that position?—A. Since the 21st day of Jan¬ 
uary, 1918. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 393 


Q. At what point in the district do yon till the position of assistant United 
States attorney?—A. ]\[y headquarters are at Ketchikan. 

Q. How long have your headipiarers been at Ketchikan?—A. Since my ap¬ 
pointment. 

Q. Since the date of your appointment in January of last year?—A. Yes. sir; 
that is the oflicial headquarters for the assistant United States attorney for 
that end of the division. The residence is necessarily at Ketchikan. 

Q. And has your residence at Ketchikan l)een continuous since the time of 
your a])pointment?—A. It has. 

Q. Up to the present time?—A. Yes, sir. 

Q. Did you vote at the last election—that is to say, at the election held i.. 
Novemher, 1918?—A. I did. 

Q. The delegate election?—A. I did. 

Q. here did you vote?—A. At Ketchikan, Alaska, my home. 

Q. How long has that been your residence?—A. It has hc^n my resldenoe, I 
naturally lived at Ketchikan on the 29th day of January, 1|)18, and immediately 
established a residence and from that date until the present time my resi¬ 
dence has never been any place else. 

Q. How long had you resided in Alaska prior to the time that you were ap¬ 
pointed?—A. I lived at .luneau, Alaska; I arrived at Juneau, Alaska, to make 
my home on tlie 26th day of September, 1911. 

(^. Has your residence in Alaska been continuous ever since?—A. It has. 

Q. In the first division all the time?—A. Always in the first division. 

(}. Your wife has lived with you?—A. Yes, sir. 

Q. You are a married man?—A. I am. 

Q. And have been a married man for a number of years—A. Yes, sir; prior 
to coming to Alaska. 

(}. Your wife always resided with you at all times?—A. Yes, sir. 

Q. What is your wife’s name?—A. IMay Ragan. 

Q. You voted at Ketchikan last year, during the last election?—A. Yes. sir; 
I did. 

Q. And your wife also vo.ted?—A. Yes, sir. There has been a part of the 
time since I have been at Ketchikan that my wife has been hack and forth 
between Haines and Ketchikan, hut her residence has been at Ketchikan since 
mine. 

IMr. Hellenthal. That is all. 

Cross-examination by Mr. Rustgakd : 

Q. ]Mr. Ragan, where is your wife and children now?—A. At this time they 
are at Haines. 

Q. How long have they been there?—A. They have spent the summer on our 
property at Haines. 

You have filed on a homestead there near Haines?—A. I filed on a home¬ 
stead at Haines in 1918, I believe it was; I am sure it was. 

Q. You have a house there where you and your family lived until the time 
of your appointment?—A. Yes; we lived there until my appointment, that is 
from the time the house was built until my appointment. 

Q. What time was the house built?—A. In the spring of 1914, I think it was. 

Q. How far from the town of Haines is that?—A. It is 2 miles from the 
wharf at Haines. 

Q. How large a tract of land is it?—A. About 50 acres. 

Q. And since you filed on that land as a homestead you have been cultivating 
it as such?—A. I have. 

Q. That is, you cultivated it this last summer as such?—A. Yes, sir; I hired 
it cultivated. Under the homestead laws where you have a homestead prior 
to an appointment to a position of this kind you don’t have to have your 
residence upon the homestead, under that law, but you do have to keep up your 
homestead, and under that law I have kept up my cultivation and improve¬ 
ments. 

Q. You also kept up your cultivation and improvements a year ago last sum¬ 
mer?—A. Yes, sir. 

Q. In fact ever since the time of your appointment you have kept up your 
claim to this homestead as a homestead?—A. Yes, sir; I have. The application 
has been made for the final survey which has been refused on the ground that 
an official survey of the whole country up there has been ordered. The time 
of residence, so far as my homestead is concerned, has expired quite a bit ago. 

Q. What time limit do you refer to?—^A. The time required to reside upon 
the homestead to get title. 


394 WICKERSHAM VS. SULZER, DECEASED, Al^D GRIGSBY. 

Q. How long do you construe that to be?—A. Three years in Alaska, I be¬ 
lieve. The three-year limit would have expired in 1917, in the spring. 

Q. And you have applied for an otiicial survey preparatory for application to 
patent?—A. Yes, sir; which has been delayed by the land office on account of 
an olficial survey of the whole country up there being ordered, some of the 
survey having been made this summer. 

Q. What time did your wife and children return from the homestead last 
season?—A. Back to Ketchikan? 

(h Yes.—A. Some time in November, prior to the election, early in November, 
I could not tell just what time. 

Q. Could you state approximately how soon before election they returned?— 
A. Why, very soon before election, I could not say exactly. 

Q. Two or three days, something like that?—A. Yes; two or three days, some¬ 
thing like that. 

Q. How long had they been away from Ketchikan at the time?—A. I could 
not state, I am sure. 

Q. Well, had youf wife nnd children ever been in Ketchikan Ix'fore they 
caiiie there shortly before the last Delegate election la§t November?—A. Yes; 
they had been there, but they had not stayed any time. 

Q. How long did they stay when they were there?—A. A very short time, I 
don’t know just how long. 

Q. Could you state approximately how long?—A. I would not attempt to say 
how long because I don’t know. 

Q. It didn’t seem very long to you?—A. They were not there long. 

Q. Were they there as long as a week?—A. Something like that I should 
judge. The house was rented, the furniture moved there, and their residence 
was at Ketchikan. The house that they went hack to when they went to Ket¬ 
chikan in November had been rented since the 7th (»f March and prior to that. 

Q. Who had lived in that house since the 7th of March?—A. I had. 

Q. All alone?—A. All alone. 

Q. Well, now, you say your wife came down and visited you once before she 
came there immediately before election. Can you state now approximately 
what time it was she visited you at Ketchikan?—A. I don't remember. 

Q. Well, tell us approximately?—A. She was there in the spring. 

Q. Did .she have the children with her?—A. Yes, sir. 

Q. How many children have you?—A. I have two. 

Q. And she stayed about a week?—A. Yes, sir. 

Q. And then she went hack on the homestead again?—A. Y"es, sir. 

Q. Now, when she came to Ketchikan a few days before last election, how 
long did .she stay before she went hack to the homestead?—A. She stayed until 
about the 1st of March. Wait a minute—about the 1st of May I mean. 

Q. And then she went back again to the homestead?—A. Yes, sir. 

Q. And .she is there now?—A. She is. 

Q. And she has been there ever since?—A. She has. 

Q. Did you file any notice in the land office to the effect that you would 
remain away from the homestead?—A. I did not. 

Q. Now, at the last election wlm did you vote for, I mean last fall, the elec¬ 
tion of November 5, 1918?—A. I voted for Charles A. Sulzer. 

Q. And your wife voted also for Sulzer?—A. I have no way of knowing just 
how my wife voted. I assume that she did; I believe that. 

Q. You would take her word for it?—A. I don’t believe I ever heard her say 
whether she did vote for Sulzer, but I am reasonably sure that she did, if she 
voted for any Delegate at all. I don’t know as she voted for Delegate, she 
may only have voted for the Territorial officials. 

Mr. Rustgard. That is all. 

The contestant, by and through his attorney, .Tohn B. ^Marshall, agrees that 
the foregoing deposition of Steve Ragan may not he signed by said Ragan, and 
the signing of same by said Steve Ragan is'hereby waived. 

John B. Marshall. 

DEPOSITION OF SEWARD KUNZ. 

SEWARD KUNZ, a witness produced for and on behalf of the contestee, 
being duly sworn by the notary to tell the truth, the whole truth, and nothing 
but the truth, tesified as follows: 


WICKEESH4M VS,. SULZEE, DECEASED, AND GEIGSBY. 395 

Direct examination by Mr. Hellenthal : 

Q. Wliat is yonr name?—A. Seward Kunz. 

Q. \Miere do you live, Mr. Kunz?—A. At Juneau, Alaska. 

Q. How long have you lived bere, Mr. Kunz?—A. I have lived here for a 
ni^hil)er of years. 

Q. Were'you born in Alaska?—A. I was born in Sitka, Alaska. 

Q. And your residence bus been in Alaska ever since?—A. Yes, sir. 

Q. How old are yon?—A. Forty-one years old. 

Q. What race do you belong to?—A. I belong to tbe Thlinget race. 

Q. The Thlinget Tribe of the Alaska Indians?—A. Yes, sir; I am a descendant 
from the Thlinget Tribe. 

Q. And the Thlinget is one of the tribes of the Alaska native Indians?—A. 
Yes, sir. 

Q. Are you a full-blooded native, Mr. Kunz?—A. Yys, sii’l full-blooded. 

Q. Whero were yo,u educated at?—lu Alaski^. 

Q. In what schools?—A. Tho public schools. 

Q. You graduated from the grammar school, did you?—A. No; I chiefly edu- 
crated myself. 

Q. Do you read and write the English language?—A. Yes, sir. 

Q. Very well?—A. Yes, sii'- ' 

What is your occupation now?—A. A miner—a contractor at present. 

(}. M'here are you contracting, in mines?—A. Yes, sir; the Ebner mine. 

Q. That mine is situated a short distance from the town of Juneau?— 
A. Yes, sir. 

Q. I wish you would explain what the business of a contractor in a mine 
is, what you mean by contractor?—A. A contractor is a man who works the 
ground, drills holes with machinery, a certain aniount of holes, just according 
to the condition of the ground, and does blasting, and drives tunnels sometimes 
with drills in order to drift. A contractor gets so much for his work. 

Q. You do the work by contract?—A. Yes, sir. 

Q. You do not work by day labor?—A. No„ sir. 

Q. That is what you mean?—A. Yes, sir. 

Q. Do you operate machines yoyirself?—A- Yes, sir. 

Q. You are a skilled miner, Mr. Ivunz?—-A, Yes, sir. 

Q. And among the highest paid—if you were lahox’ing by thys day you ’y'ould 
be among the highest-paid laborers in the Territory ?—A. I have been hired 
as a general mechanic in a mine. 

Q. What part of Juneau do you live in?—A. I live on A^Ulo,ughby Avenue in 
front of the Indian Town. • ’ 

Q. In front of Auk Village?—A. Yes, sir. 

Q. In Auk Village, is it?—A. Yes, sir; on WUloughby Avenue. 

Q. This part of Willioughby Avenue where you are living is. frequently re¬ 
ferred to as Auk Village?—A. Yes, sir. 

Q.. There are a great number of native Alaskans that reside in that locality?— 
A. Yes. sir. 

Q. How long have you resided in Auk Village?;—A. This last time I have 
resided since 1913 in Auk Village. 

Q. Have you ever lived there before?—A. Not to, aaioimt to anything. I 
used to come in and visit, and out I would go again. 

Q. How long have you been acqiiainted \vith Auk Yillgge?—A. Ever since 

I was a boy. 

Q, Ever since you were a boy?—A, Yes, sir. 

Q. Then you know the natives that reside in Atik Village?—A. Ye^; I do. 

Q. Do you know their inahuer of life, their custom?—A. Yes, sir. 

Q. Do ,W)u know whether the natives residing in Auk Village have severed 
their tribai relations? 

Mr. Ru'stgard. That is objected to as calling for the conclusion o.f the vyit- 

A. Yes, sir. 

Q. Have the natives residing in Aqk Village severed their tribal relations?- 

Mr. Rustgakd. I object to that qs calling for the conclusion of the \yitness 
and also; cqlling for hearsay evidence. 

' A. Yes, sir; not all of them; but a few of them that has. 

Q. Have the larger percentage of the natives severe! their trival relations, 
or have a few severed their tribal relations?—A. A few. 

Mr. Rustgari). I object to that question as calling for a conclusion. 

Q. You stated a fe^y?—Yes, sir. 


39G WICKERSHAM VS. SULZER, DECEASED, AI^D GRIGSBY. 


(). Have the natives residing? in Ank Village any chief at tlie present time?— 
A No, sir. 

Q. Have they had a chief there for many years?—A. No, sir. 

Q. When was the last time tliat they had a chief, or have they ever had a 
chief within yoiir recollection?—A. The last chief, I believe, died in 1899, the 
summer of 1899. 

Q. And they have never had a chief since?—A. No, sir. 

(}. And they do not have a chief now?—A. No, sir. 

Q. Do they have a tribal house?—A. No, 1 don’t think .so. 

Q. And they haven’t had a tribal house since the last chief died?—A. No; 
they haven’t had any trihual house that I know of. 

Q. How do the natives in Auk Village live? That is to say, what habits 
and customs do they have? Do their,customs differ from the customs followed 
by the white people in Juneau? 

Mr. Rustgakd. I object to that as calling for a conclusion, and moreover 
I object to it because it isn’t conffned to any specific native and is leading and 
general. 

Q. I will first ask him a general question. Do you you understand the 
question? The question is whether the natives residing in Auk Village have 
adopted the habits and customs of the civilized people of .Juneau? 

IMr. Rustgard. Objected to calling for an opinion pure and simple, and lead* 
ing and isn’t confined to any particular native and suggests an answer. 

A. Yes; I know there are a few of them have adopted the habits of civilized 
life. 

Q. And some have not?—A. And some have not. 

Q. Now, do you know George IMartin?—A. l"es; I do. 

Q. And Albert Samuels?—A. Yes, sir. 

Q. And Herbert Martin?—A. Y^es, sir; I do. 

Q. And Billy Martin?—A. Yes, sir; I know him. 

Q. And Tilly Martin?—A. Yes, sir; I know her. 

Q. Pete Smith?—A. l^es, sir; I know him. 

Q. And Frank Peters?—A. Yes, sir; I know him. 

Q. And Willie Peters?—A. Yes, sir; I know him. 

Q. And Francis Joseph?—A. Yes, sir; I know him. 

Q. And Charley Gray?—A. Yes, sir. 

Q. And George Howard?—A. l^es, sir. 

Q. And Jack Gamble?—A. Yes, sir; I know him. 

Q, And Charley Bobb?—A. l^'es, sir; I know him. 

Q, And Jimmie Hanson?—A. Yes; sir; I know him. . 

Q. And George Gamble?—A. Yes, sir; I know him. 

Q. And Charley Peters?—A. Y’'es, sir; I know him. 

Q. .Tames Miller?—A. Yes, sir; I know him. 

Q. Jacob Harris?—A. Yes, sir; I know him. 

Q. And .John Harris?—A. I know two parties by that name, .John Harris. 
I don’t know which one it is you have there. 

Q. They are both natives, are they?—A. No; one is a half-breed and the 
other is a full-blooded native. 

Q. Do you know the John Harris that resides in Auk Village?—A. No, sir; 
I don’t know him. 

Q. Neither of them reside in Auk Village?—A. No, sir. 

Q. Doesn’t one of them reside near there?—A. One of them resides in town. 

Q. In town?—A. Yes, sir. 

Q. That is in Juneau, away from Auk Village?—A. In Juneau ; yes, sir. 

Q. Do you know Harry xVnderson?—A. Y^es, sir; I know him. 

Q. And Charley Gamble?—A. Yes, sir; I know him. 

Q. Where do all these parties reside, Mr. Kunz?—A. There are four of those 
names that resided here in Juneau, in town here, at the time of the election. 

Q. These do not reside in Auk Village?—A. No; not in Auk Village. 

Q. In other parts of Juneau?—A. Y’^es, sir. 

Q. And the rest of them reside in Auk Village?—A. Yes, sir. 

Q. Now, which four reside away from Auk Village?—A. George Howard, 
Johnie Gamble- 

Q. That is Jack Gamble?—A. No, sir; there are two Gambles. 

Mr. Grigsby. There are Jack and Charlie Gamble? 

A. Charlie Gamble, I mean to say, and George Martin. 

Q. Those four reside in Juneau?—A. Yes, sir; right here in town. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 397 

(}. iliej ai6 all residGiits of Juneau?—A. They are all residents of Juneau; 
yes, sir. 

Q. Now, Auk A illage is here in Juneau, is it not; it is a part of Juneau?—A. 

1 es, sir; it is a part of Juneau. 

Q. So that all the persons whose names I have read to you reside within the 
town of Juneau?—A. Yes, .sir. 

Q. And four of them reside outside of Auk Village?—A. Yes, sir. 

Q. Now, are all those persons natives of Alaska—native Indians?—A. Yes, 
sir; they are natives of Alaska. 

Q. Now, do you know whether all these natives have severed their tribal 
relations?—A. Not all of them. 

Q. Which ones have not?—A. One hy the name of Francis Joseph. 

Q. He has not severed his tribal relations?—A. No; he has not severed his 
tribal relations. 

Q. Have all the others severed their tribal relations?—A. Yes, sir. 

Q. The others have all severed their tribal relations?—A. Also Harry 
Anderson. 

Q. Harry Anderson has not severed his tribal relations?—A. No, sir. 

(.). Those TWO, you say. are still observing their tribal customs?—A. Yes, sir. 

Q. Those are the only two?—A. Tho.se are the only two that I know. 

Q. All the others have severed their tribal relations, to your knowledge?—A. 
Yes, sir. 

Q. Now, with i*eference to all those who have severed their tribal relations, 
have they adojited the habits of civilized life or are they still ob.serving the 
customs and habits of the Indians? 

Mr. Kustgakd. Object to that as leading and, moreover, is calling for a con¬ 
clusion and suggestive. 

Q. How is that?—A. They have adopted the habits of civilized life. 

Q. All of .them?—A. To a certain extent, they all have. 

Q. To what extent?—A. They can not read or write. 

Q. That is. they can not all read and write?—A. Not all of them; not these 
two that I know. 

Q. But not these two; I am speaking now of the others?—A. The others, they 
are all entitled to vote, I believe; to my understanding- 

Mr. Rustgari). I object to that question as calling for a conclusion and state¬ 
ment of a conclusion. 

Q. I will have to get this straight. You say that the two who had not severed 
their tribal relations had only partly adopted the habits of civilized life?—A. 
Yes, sir. 

Q. Is that right?—A. That is right. 

Q. And as to all the others, what can you say of them? 

Mr. Rt\stgxVrd. Object to that as calling for a conclusion and leading and 
suggestive. 

A. They have adopted the civilized life, living up to date. 

Q. How are they living, in houses or tents?—A. In houses. 

Q. What kind of houses?—A. Why, the houses that you see down in that 
village, they look like rul)bish from the outside, but inside some of them are 
pretty well furnished. 

Q. Do they dift'er in any respect from houses kept by white people, that is, 
poor white people, I mean, who haven’t any larger incomes than the natives 
have?—A. Why. they live a little better to a certain extent, yes, sir; a little 
better than some white people, 

Q. And they have furniture, you say, and cooking utensils?—A. Oh, yes, they 
have all that. 

Q. They have all those things?—A. Yes, sir. 

Q. How are the houses heated?—A, By stoves. 

Q. And how many rooms are there in the houses?—A. All the way from 
two, three, and four. 

Q. Are'their sleeping rooms separate from the others?—A. The sleeping 
rooms are separate, yes, sir. 

Q. Their sleeping rooms are separate from their other rooms?—A. Yes, sir, 
and also their cooking rooms. 

Q. Their kitchens are separate from their other rooms?—A, Yes, sir. 

Q. That is true of all the houses belonging to the parties whose names I 
have read to you with the exception of the two you said had not fully adopted 



398 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


the habits of civilized life?—A. Well, I cannot say whether all of them live 
like that or not, whether all their houses are like that, but I know a good 
many of them here living just as I said, they have good houses, and have a 
sitting room and bedroom and kitchen. 

Q. And they do not differ iri any respect from houses of white men?—A. 
Yes, sir. 

Q. Yon mean they do differ?—A. They do not differ. 

Q. Are they like the houses of white men?—A. They are like the houses of 
the white men. 

Q. They have in Aiik Village, I believe, something in the way of a hotel, 
have they not?—A. They have a kind of a rooming house there. 

Q. They have a sigh on it, “Hotel” or “Rooming house?”—A. A Sign from 
the street “ Apartments to rent.” 

Q. How large a house is that, Mr. Kiinz?—A. I could not give you the exact 
size, something like 24 feet by 30 feet I think it is. 

Q. There are a number of Sleeping rooms in it?—A. Yes, sir. 

Q. What is that house used for?—A. That house is used for renting. 

Q. h'or transients?—A. For comers, and where they have rooms they rent 
these rooms. 

Q. Then, what have they in the way of a clubhouse, an amusement place?— 
A. They haven’t any just now. They had one, but it is rented. 

Q. Who is it rented to?—A. The missionaries have it; they have charge of It 
now, and it is now used for a school. 

Q. That was built as a place of amusement?—A. I’^es, sir. 

Q. When was that built, Mr. Kunz?—A. That has been some years ago; 
I could not tell you the number of years. 

Q. Quite a number of years ago, anyway?—A. Yes, sir. 

Q. And it is now used by the missionaries as a school, you say?—A. As a 
church and schoolhouse. 

Q. How long has it been used as a school?—A. This is the second year, I 
believe. 

Q. The second year?—A. Yes, sir. 

Q. Haven’t they something on Willoughby Avenue in the way of a hotel 
besides that?—A. No, sir; I don’t believe I know of a hotel. 

Q. Now, these natives concerning whom you have testified, with the excep¬ 
tion of these two, can all read and write, can they not?—A. Yes, sir. 

Q. They can all read and write English?—A. Yes, Sir. 

Q. And all speak good English?—A. Yes, sir. 

Q. And go to church?—A. Yes, sir. 

Q. And all of them are members of some church or other?—A. Well, they go 
to different churches. 

Q. But they all go to some church of other?—A. Yes, sir. 

Q. They all go to Christian churches, do they not?—A. I think they do; I 
think the churches up here are all Christian churches. 

Q. Now, do you know the natives residing on Douglas island, Mr. Kunz?— 
A. I know some of them; yes, sir. 

Q. Do you know Daniel Joseph?—A. Yes, sir; I know Daniel Joseph. 

Q. And John Willis?—A. Yes, sir; I do. 

Q. And Gilbert Jackson?—A. Yes, sir. 

Q. And John Harris?—A. Now, there are two John Harrises in this town 
and there is another one, that makes three, and I don’t know which one 
this is. 

Q. Do you know .John Harris from Douglas?—A. Yes, sir; I know him. 

Q. And William Brady?—A. Yes, sir. 

Q. And Jimmie Fox?—A. Yes, sir; I know him. 

Q. And Edward Marshall?—A. Yes, sir; I know him. 

Q. And Henry Stephens?—A. Yes, sir. 

Q. Now, are you familiar with the way in which each of these natives on 
Douglas Island, whose names have been read to you, live?—A. Yes, sir. 

Q. Do you know whether these natives have severed their tribal relations?— 
A. Y’^es, sir; they have. 

Q. What would you say as to that?—A. They have adopted the habits 
of and living a civilized life. 

Mr. Rustgard. Object to that question as calling for a conclusion. 

Q. These natives whose names have been read to you as living on Douglas 
Island have all severed their tribal relations?—A. Y'es, sir. 

Q. And are all living and have adopted the habits of civilized life? 


WICKERSHAM VS. SULZER, 


DECEASED, AND GRIGSBY. 


399 


Mr. Rustgari). ()bjected to as leading and calling for a conclusion. 

voluntarily taken up their residence separate 
storesetc ^Indians. Also they are in business. Some of tbem have 

Q. Do these natives all read and write the English languageA To u 
certain extent, yes, sir. 

Q. They all read and write more or less?—A. More or 
And they all speak the English language?—A. Yes 
All of them?—A. Yes, sir. 

Have they miy chief on Douglas Island?—A. No, sir; no chief there. 
How long since they have had a chief there?—A. I don’t 
any chief there. 

Have they ever had a tribal house there?—A. That I 


Q. 

Q. 

Q. 

Q. 

had 

Q. 


less 

sir. 


yes, sir. 


I could not sav. 


think they ever 
can not recall. 


Q. They have no such thing there now?—A. I don’t think they have any¬ 
thing there at all in that line. 

Q. And what kind of houses do these natives on Douglas Island live in?—^ 
A. They have ordinary houses, well furnished; as I said before these men 
have adopted the habits of civilized life and they are all living just like the 
white people do. 

Q. Some houses are better than others?—A. Yes, sir. 


Q. But they are all houses such as white people live in?—A. Yes, sir. 

Q. Now, do you know, Mr. Kunz, how the natives whose names have been 
retid to you and whom you have testified, reside in Auk Village, make a 
living?—A. Mostly by fishing; they are mostly all fishermen. 

Q. Are they out fishing now, IMr. Kunz?—A. Yes, sir; they are out fishing, 
they haven’t returned from their summer’s work yet. 

Q. Now, with * reference to the natives that reside on Douglas Island aiid 
concerning whom you have testified, how are they living?—A. I know all of 
those men. I have worked with them in the mines, meet them in the mines; 
they work in the mines part of the time and when the fishing Season is on 
they are out fishing. 

Q. And the rest of the time they work in the mines, the same as you do?— 


A. Yes, sir. 

Q. What work do they do in the miiies?—A. Why, I know two of them are 
miners, and the others are just laborers. 

Q. You mean two of them are skilled miners, and the others are labor¬ 
ers?—A. Yes, sir. 

Q. Do any of the Indians living at Aiik Village work in the mines, Mr. 
Kunz?—A. Yes; they do. 

Q. And do any of those natives whose names have been read to you, resid¬ 
ing in Auk Village, work in the mines during the times when they are not 
fishing?—A. Yes, sir. 

Q. What mines are they working in?—A. They are working in the Alaska- 
.Tuno mine. I don’t mean to Say all those names that have been read, but 
there are some of them work in the mines. 

Q. What work do they do in the mines? Any of thbm skilled miners?—A. 
They are laborers. 

Q. ]Most of them laborers?—A. Yes, sir. 

Q. And how long since these natives residing both at Auk Village and at 
Douglas Island have been working in the mines that way?—A. Well, I could 
not say just how long; but I have known them for a good number of years. 
I have met them there at different places in the mines. 

Q. Since you have lived in this community they have worked in the mines?— 
A. Yes, sir; some of them I have known. 

Q. Do you know the natives residing at Klawock?—A. No; I don’t know 
them at all. 

Q. You don’t know them?—A. No, Sir. 

Q. Do you know the natives residing at Hydaburg?—A. No; I don’t know 
any of them. 

Mr. Hellenthal. That is all. 


Cross-examination by Mr. Rustgard: 

Q. Seward, you have taken out your papers as an American citizen, haven’t 
you?—A. I have. 

Q. You got your papers or certificate from the judge that you were an 
American citizen aS early as 1916?—A. Yes, sir. 


400 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Ill fact, you were tlie lirst of the natives to avail yourself of the new 
law permitting that to he done?—A. Yes, sir. 

Since you took out your papers, how many of the natives in Auk Village 
have taken out their papers?—A. There are two of them. 

Q. AMio are the two?—A. Willard and Watson. 

Q. Harry Willard?—A. Harry Willard; yes, sir. 

Q. And what is Watson’s first name?—A. .Tames Watson. 

Q. There are only three of you, then, of the natives in Auk village who have 
got the papers from the court that you are citizens?—A. Yes, sir. 

Q. Are there any of the natives in Douglas who have got their citizen 
papers?—A. I can not tell you, IMr. Rustgard. 

Mr. Hellenthal. We object to that question. The question assumes some¬ 
thing that doesn’t exist. These papers are not citizen papers, they are 
simply papers the Judges issue under the statute passed by the legislature 
here that evidence the fact that the native who holds them has severed his 
tribal relations and has adojited the habits of civilized life. They do not con¬ 
fer citizenship, they are simply certificates issued by the court that he finds 
the facts stated in them to exist. 

Mr. Rustgard. They are the papers I refer to and I think the witness under¬ 
stands that. 

Mr. Hellenthal. You understand that, do you? 

The Witness. Yes, sir. 

Q. Do you know whether or not any other natives in Auk village have 
made application for these papers?—A. I haven’t got the record, Mr. Rustgard. 

. Q. You mean to say you do not know?—A. I do not know. The clerk of the 
court I guess knows about that. 

Q. For a considerable time, Mr. Kunz, you have acted as interpreter for the 
district attorney’s office at .Tuneau?—A. Yes, sir; I have. 

Q. And a year ago you did considerable work as such int'erpreter for the 
Government?—A. A year ago; no, sir; I don’t think I did. 

Q. Now, during the month of September, 1918, you were interpreter, were 
you not, for the di.strict attorney?—A. In 1919? 

Q. No; in 1918.—A. In 1918; no, I don’t think I was. 

Q. When were you interpreter?—A. I can not remember that. 

Q. You remember the Prank Dick case a year ago?—A. That was in Novem¬ 
ber, I believe; I could not say. 

Q. November, 1918, is that what you mean?—A. In 1918, 1 believe it was. 

Q. Now, before that case was tried you had been interpreting for the United 
States attorney a good deal, had not you, in court?—A. Before that; yes; but 
not that same year, but I have interpreted a good bit. 

Q. When di(l you do most of the interpreting?—A. I think it was in 1916 
and 1917. 

Q. And from time to time after that?—A. No; not to amount to anything. 
I would call for a day or two; I could not afford to stay there. 

Q. When the district attorney wanted an interpreter they generally sent 
for you?—A. Yes; and sometimes I refused them. 

Q. The district attorney would send for you as interpreter?—A. When I had 
nothing to do I would go up. 

Q. And put in your time interpreting?—A. Yes, sir. 

Q. Do you remember the names of those natives Mr. Hellenthal read oft to 
you?—A. Yes, sir. 

Q. Have you ever interpreted for them in court at any time?—A. I don’t 
believe I have, I can not recall Just who I interpreted for, there were so many 
cases and I can not keep track of who I did interpret for. 

Q. There are very few of those natives whose names he read to you who 
could speak for themselves in court? They would always call an interpreter 
wouldn’t they?—A. If he couldn’t speak he would. 

Q. Very few of them could speak for themselves in court?—A. Yes; very 
few of them. 

Q. If they were witnesses in a case they would want an interpreter?—A. 
Yes; to make sure of the language; yes, sir. 

Q. AVhen at work whether fishing or mining they talk enough English to 
get along with the work?—A. Yes, sir; they understand enough to get along. 

Q. And if they go into the store to buy a plug of tobacco they can speak 
enough English to buy that; they don’t need an interpreter for that?—A. No; 
they don’t need an interpreter for that. 

Q. But if they go on the witness stand they want an interpreter, don’t 
they?—A. Yes, sir; they do. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBi. 401 


Q. All of them?—A. Yes. No; not all of them, hut some of them. 

(}. IM'aetieally all of them, isn’t it?—A. I wouldn’t say all of them. -IVIosi; of 
these yoiinj? men that you have a list here of the names, they are better men 
than I am; that is, far better educated than I am. 

Q. Well, what about George Martin?—A. George Martin, he is a very intelli¬ 
gent man. 

Q. Where did he live last fall?—A. Last fall he lived in Juneau. 

(}. Whereabouts in Juneau?—A. In town. 

(.}. Where, in town?—A. I could not say where he lived, where he roomed.. 
He told me he lived here in town. 

Q. Where is he now?—A. He is down at Karheen. 

Q. Did he ever live in Auk Village?—A. Yes; he lived there. 

Q. He used to live there?—A. Yes; he used to live there once in a while. 

Q. Is his home there now?—A. No; I don’t think so. I don’t think he is 
there now. I can not keep track of all these boys. 

Q. How old a fellow is he?—A. Oh, he is about 25 or perhaps more, 

Q. Do you know where he was born?—A. No; I don’t know where he was 
born. 

Q. How long have you known him?—A. I have known him ever since he 
was a boy. 

Q. You were together in Auk village?—A, In Auk village? 

Q. Yes, did he used to live there?—A. He used to live there; yes, sir. 

Q. When you knew him?—A. Yes, and other places. 

Q. Has he a father and mother living?—A. No, his father is dead; I think 
he is dead. 

(h You say George Howard is in Juneau; whei*e abouts does he live?—A. 
George Howard lives in the city limits of Juneau. 

Q. Vv'ell, whei*e-abouts?—A. On Sixth or Seventh Street, 

Q. On Sixth or Seventh Street?—A. I think it is Sixth Street, if I am not mis¬ 
taken, or Seventh Street. 

Q. Whei'e abouts on Sixth or Seventh Sti’eet?—A. Do you know the place 
just past Giovanetti’s store on Dixon Avenue; just past his store there are 
steps going down the hill to the Indian town ; thei-e is a sign up there. I don’t 
remember now whether it is Sixth or Seventh Street. 

Q. That is whei'e Geoi’ge lives?—A. Yes, sir. 

Q. And whei'e he lived last election?—A. Yes, sir. 

Q. Isn’t that part of Auk Village?—A. That is the town, that is Juneau City. 

Q. That is right aci'oss the line, isn’t it?—A. No, it is inside the line. 

Q. How far is it from Auk Village?—A. I think it is 200 feet, more or less; 
T could not say for sure; I couldn’t give the exact number. 

Q. Right at the foot of the street going down from Giovanetti’s store?—A. 
Yes, sir. 

Q. Now there are only natives living near by there, isn’t there?—A. No, 
there are white people living there. 

Q. Who are they?—A. I coidd not say thf^ names.; I don’t know everybody. 

Q. Where did Charley Gamble live?—A. He lived with his brother last year. 

Q. Where was that?—A. It is down at Auk Village. 

Q. He lived in Auk Village last election?—A. Last election, yes, sir. 

(}. And where did George Gamble live?—A. George Gamble lived with him—- 
he has a home down there. 

Q. In Auk Village?—A. Yes, sir. 

Q. And they both lived there last election?—A. Yes, sir. 

Q. And they live there now?—Yes; they live there now. » No, not now; they 
are out; they haven’t got hack from their work yet. 

Q. Well, neither of those I have mentioned have come back from their work 
yet?—A. No, they haven’t come back. 

Q. Is Charley Peters back from work?—^A. No, sir. 

Q. Or Jack Harris?—A. I haven’t seen him. 

Q. Or Jacob Harris?—A. I don’t know; I don’t know just where they are. 

Q. What about Samuels; has he returned?—A. Albert Samuels, you mean? 

Q. Yes.—A. He is in town; yes, sir. 

He is in town now?—A. Yes, sir. 

Q. Does he live at Auk Village?—A. Yes. sir; he lives at Auk Village. 

Q. And Billy Martin, is he in town?—A. Pie is not back from work. 

Q. And Tillie Martin ?-^A. Tillie Martin isn’t back. 

Q. What about Peter Smith?—A. He is not back; he is out fishing yet. 

Q. And P’rank Peters?—A. You can not get him back; he is dead. 


151279—20-2G 



402 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. When did Frank Peters die?—A. He died last fall. 

Q. After election?—A. After election; yes, sir. 

He lived at Auk Village?—A. Yes, sir. 

Q. Frank Peters is one of the names which was read to you by brother 
Hellenthal?—A. I don’t know just where he lived; I could not say for sure. 

Q. And Willie Peters, he lives in Auk Village?—A. Yes; he lived there once, 
but he is not in Auk Village, I believe, now. 

Q. Now, .Toseph lived down there, Frank .Joseph; does he live at Auk Vil¬ 
lage?—A. I don’t know him; I don’t get the man. 

Mr. Origsby. Francis Joseph is the name. 

A. Yes; I know him. 

Q. Where does he live?—A, He lives in Auk Village. He is not there now. 

Q. Where is he now?—A. He is out fishing. 

Q. Now, what is the difference between Francis Joseph and the rest of them? 
He is just as good as the rest of them, isn’t he?—A. He must be, but he doesnt 
understand what we are talking about now. He doesn’t understand election 
on account of he doesn’t talk enough English to understand. 

(2. Can’t he understand enough English to understand it?—A. Well, he un¬ 
derstands that, but he can not read. 

Q. Did you try to show him what election meant?—A. No; I did not. 

Q. Now, what is the difference between Harry Anderson and the rest of 
them?—A. Harry Anderson, he is one of the boys that is just outside of the 
"Civilized life. 

Q. Dies he live in Auk Village?—A. He lives in Auk Village; yes, sir. 

Q. How old is he?—A. I could not say his age. 

Q. He doesn’t talk much English either?—A. Well, he talks English but he 
doesn’t understand it all. 

Q. He doesn’t understand politics?—A. He doe.sn’t understand politics, is 
right. 

. Q. Did you try to give him any pointei's on politics?—A. No; I didn’t want 
to do it; he wouldn’t understand it. 

Q. Did you call on any of these boys and talk politics with them?—A. I 
did; yes, sir. 

Q. Did you have sample ballots for them and showed them how to vote?—- 
A. I didn’t show them how to vote; no, sir. 

Q. Didn’t you have sample ballots for them. Democratic sample ballots?—A. I 
had sample ballots; yes, sir; I had two kinds. 

Q. Now, is that the sample ballot that you were passing around to the boys. 
IShows paper to witness.]—A. That is one of them, but there was one more. 

Q. What was that?—A. There was another one. 

Q. Where did you get your sample ballots from?—A. I got them from some¬ 
body, either Wenrick or Mr. INIarshall there handed them to me down to the 
dispatch office. 

Q. Did you have any of these affidavits that you go,t from John J. Reagan 
to give them?—A. Oh, that was after they were turned down, after two of 
them were turned down. 

Q. Oh, then they were turned down by the election board?—A. Yes, sir. 

(J. And then you went and got those affidavits?—A. I went and got them; 
yes, sir. 

(j. Well, who' gave them to you?—A. I got them from Mr. Tieagan, I got 
half a dozen of them. 

Q. From John J. Reagan?—From INIr. Reagan, the prosecuting attorney. 

(}. You mean the assistant district attorney?—A. Yes, sir. 

Q. Now, where did he give them to you?—A. I can not ])lace just where he 
gave them to me. 

Q. Did you go to his office and ask for something from him?—A. I can 
not recall yet. 

Q. Well, how did you happen to get them?—A. After the boys were turned 
down they came and told me about how the election board turned them down, 
so there was the one chance I had to show the Alaska native is entitled to 
vote and I wanted to prove it that day so I took it up with Mr. Reagan,. 
In fact, he looked up the law and found it as I stated to the election judges 
up there that every Indian born within the limits of the Territory of the 
United States who had voluntarily taken up their residence separate and 
apart from any tribe of Indians, they are citizens, they are declared citizens, 
and II read that to them by heart up there to the judges after they had been 
turned down, and then to prove this matter I goes up and sees Mr. Reagan 
and he looked up the law and found it himself. 


WICKERSHAM VS. SULZER, DECEASED, Ali^D GRIGSBY. 403 


Q. You remember now that you went to Keagan’s oliice and got those affi- 
-davits?—A. That is right. 

Q. What time of the day was that?—A. I could not give you the exact 
time, but it was sometime between 4 and 5 o’clock. 

Q. In the afternoon?—A. In the afternoon; yes, sir. 

Q. Had you spoken to Reagan about the right of the Indians to vote before 
that time?—A. No; I did not. 

Q. You never saw lieagan about that?—A. I never spoke to him on that line 
until that day. 

Q. Did you see any of the deputy marshals?—A. No; I did not. 

(N Do you know Frank Desmond?—A. I do; yes, sir. 

Q. Did you have any discussion with Frank Desmond about it?—A. No, sir. 

(^. Did you advise the officials to give those aflidavits to Frank Desmond?— 

A. No, sir. 

(i. Now, did Reagan have those affidavits ready for you when you came in?— 

A. No; he did not. 

(}. He did not?—A. No, sir. 

Q. Who made them out?—A. I could not say who did. 

Q. lUit tiiey were made out and turned over to you?—A. It wasn’t already 
made out; it was after I called on him. 

Q. Now, how many did he give you?—A. I got half a dozen. 

Q. What did you do with them?—A. I gave them to the boys, the boys who 
were turned down. They were to take it to the voting iiolls, and if they were 
turned down again they were to show these to the judges; I told them if they 
were cliallenged again that they were to show these affidavits to the judges 
and they can have their vote sworn in; that is all the explanation I gave the 
boys. 

Q. Did you take them up to the polls to vote; did you walk with the boys up 
to the polls when they voted?—A. No; I did not. Yes; I took up three boys. 

Q. Three boys?—A. Yes, sir. 

Q. And they went through all right that way?—A. They went through all 
right, and the others went through all right, too. 

Q. You didn’t have to go up with the others?—A. No; I didn’t have to go up 
with the orhers, I just happened to be tliei’e. 

Q. Now, was Mr. Smiser there at the time you went up to the district attor¬ 
ney’s office?—A. I don’t believe he was. 

Q. Do you know .Tames A. Smiser, tlie United States district attorney there?— 
A. Yes; I know him. 

Q. Do you remember whether you saw him in the office at that time?—A. I 
can not recall him. 

Q. When you came to Reagan’s office did you wait there until he had made 
up these affidavits for you?—A. No; I did not wait in his office; I went out 
in the hall there. 

Q. And did you wait in the ballway until he could get up the affidavits?—A. 
No; I went away and came back again. To tind out the results I came back 
again; I came back after I went away and found him at his office; I wanted 
to find out his views what I had taken up with him to tind what was to be 
•done. 

Q. First you discussed it with him and told him your trouble?—A. Told 
him the trouble; yes, sir. 

Q. And then you went away?—A. Yes, sir. 

Q. How long were you gone?—A. Not any more than a half an hour, I 
believe. 

Q. What made you come back?—A. I came back to tind out what to do, 
whether these Indian votes would be acceiited or not—that 1 was very anxious 
to tind out. As I said, I took it up with the people at the election board, 
this election board. I took that up with them. 

(}. That was before you went to see Reagan?—A. That was before I saw 
IMr. Reagan; yes, sir, and they were turned down. 1 read to them as I have 
already stated", the rights of the Indians of Alaska. 

(j. Now, first when you went to see Reagan, didn t Reagan tell you what 
you could do?—A. He didn’t tell me. 

(). Did he tell you to go away?—A. He didn’t tell me to go away. 

(}. Did he tell" you to come back again?—A. He didn’t tell me when to 
come back. 

Q. Didn't he tell you to come back up again?—A. He said he would let me 
know later, but I wiis anxious to tind out what was to be done, so I went back 
and found out. 


404 WrCKERSHAM vs. SULZP:r, deceased, and GRIGSBY. 


Q. So then he had those affidavits ready for you?—A. Yes, sir. 

Q. And at the bottom underneath the affidavits was a statement signed by 
Mr. Smiser?—A. No; there were none of them signed. 

Q. Well, wasn’t there a statement there signed by Mr. Smiser?—A. There 
weren’t any signed, not those that I got. 

Q. None of them?—A. None of them. 

Q. No name on it?—A. No name on it. There might be a place for the 
notary i)nblic to sign and a place for the party to sign who swears his vote in.. 

Q- idd you get any more of those affidavits than tho.se half a dozen Iteagan 
gave you?—A. That was all that I got. 

Q. That was the first time in the city of .Tuneau, as far as you know, that 
any of the.se Indians voted?—A. Oh. they have been voting; yes, sir. 

Q. Do you know of any others that voted here before?—A. Yes, sir; tln^y 
have. 

Q. Where and who?—A. \Wio are they? 

Q. Yes; who are they, mention the Indians who voted here before?—A. Why,. 
Harry Willard has voted. 

Q. He has his papers from the court.—A. Well, you said Indians. 

(^. But outside of those who have their papers. Were there any Indians 
outside of tho.se?—A. Outside of those? Yes, sir. 

Q. Do .vou know of any Indian who ever voted in .luneau before last election 
who did not have ids papers from the court that he was a citizen?—A. Yes, 
sir. I know two people here, boys who have been voting. 

Q. Now, there is Harry Willard and Janies Watson and yourself; you three 
have been voting?—A. Yes, sir. 

Q. After you got your papers from the court?—A. Yes, sir. 

Q. You didn’t vote before that?—A. Oh, I have voted before; yes, sir. 

Q. What time?—A. I voted in the city elections. 

Q. When?—A. Oh, that was a long time ago. 

Q. How long is that since?—A. I can not give you the number of the years. 

Q. Now, do you know another nati\'e here who didn’t have his citizenship- 
papers from the court who ever voted in the city elections in .Tuneau or Doug¬ 
las?—A. Yes, sir; I do. 

Q. Who is it? I want to get the name.—A. I can not say for sure just how 
he did vote or where he did vote, but I get it from the boys. 

Q. Well, who is he?—A. One is Daniel Jo.seph, at Douglas; he has voted at 
the city election. 

Q. When did he vote at the city election?—A. A year ago. And one by the 
name of Betts. 

Q. Now, you say Daniel Joseph voted at the city election a year ago at Doug¬ 
las?—A. Yes, sir. 

Q. And the other one is who?—A. Betts. 

Q. What is his first name?—A. I can not give you his first name; that is the 
only name I know. 

Q. Where does he live?—A. In Killisnoo, 

Q. Where did he vote?—A. I told you I can not say for sure just where he 
did vote, but they told me that they have been voting at Douglas. This is just 
what they told me, I am giving you just what they told me. 

Q. When did they tell you that?—A. Now, that Betts told me three years 
iigo. Now, Daniel Joseph told me after the city election at Douglas; he told 
me he voted. 

Q. Daniel Joseph has not got his papers?—A. I could not say; I don’t believe 
he lias, but I don’t know. 

Q. Did Betts get his papers?—A. I could not .say; I don’t know whether they 
got their papers. 

Q. Did Betts ever live in Juneau?—A. I don’t believe so. 

Q. Did Betts ever live in Douglas?—A. He has lived at Douglas. 

Q. What time?—A. I told you I seen him there years ago over at'Douglas. I 
have seen him over on this side. Have'had several talks together, and, through 
talking, he told me just how he voted and where he voted. 

Q. Do you know one Jimmie Fox?—A. Yes; I know him. 

Q. He wanted to be (dected chief last fall, didn't he try to be elected chief, 
didn’t he’/—A. I don’t know anything about that. 

Q. You don’t know anything about that’/—A. No, sir. 

Q. You never heard of that’/—A. No, sii*. What I .seen in the papers is all 
T know, 

*/ i I 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 405 


Q. You saw in the papers he tried to be chief?—A. I saw- what tlie papers 
said, that is all I know. 

Q. The day after the election the Juneau Empire said Jimmie For was elected 
chief, didn’t it?—A. No; I don’t believe so. 

Q. What did he say?—A. He denied it in the papers. 

He denied he was elected?—A. He denied he was elected in the paper. 

Q. He was heat?—A. No; he wasn’t heat. The Empire said he denied he had 
anything; to do with the chief, and so forth, hut the substance of it was he stated 
in the Emi)ire he was for being a citizen. 

Q. He said he didn’t want to mix into the Indian election because he aspired 
to he a citizen, was that the statement?—A. Something to that elfect in the 
paper. All I know is what it said in the paper. 

Q. Now, those natives you say live in about the same kind of houses that the ' 
white men live in?—A. Yes, sir. 

Q. Are they houses plastered inside?—A. Yes; some of them. 

(}. How many houses in Auk Village are plastered?—A. Well, there is one that 
I know. 

Q. The one that you live in?—A. James Clark has got a plastered house. 

Q. And who else?—A. Some of mine is plastered. 

(i. How much of yours is plastered?—A. The front room is plastered. 

Q. The one that you live in?—A. James Clark has got a plastered house, 
are plastered. 

Q. How are they built inside? Are they hoarded up as a rule?—A. Yes, sir. 

Q. Are they double or single walls’.''—A. They are warm, some of them are 
three thicknesses with paper between them. They are better floors than what 
you have got here. (Referring to the floors in Mr. Hellenthal’s oflice.) 

Q. How many streets have you got?—A. There is only one street. 

Q. Only one street there?—A. Yes, sir. 

Q. And there are houses on either side of that street?—A. Yes, sir; on either 
side up and down the street. 

Q, How wide, about, is that street?—A. I think it is about 7 or 8 feet, more 
or less, I can not say exactly. 

(}. That street isn’t so any wagon can drive on it?—A. No, sir. 

Q. Just board walk?—xV. Yes, sir. 

Q. Is that over tide land?—A. Part of it. 

Q. Is it on Government land, land belonging to the Government of the United 
States?—A. I don’t know that, I am sure; you could not get that out of me; 
no, sir. 

Q. Do you know whether or not there is a patent issued by the United States 
to the land?—A. No, sir; no one has ever applied for patent. The biggest strip 
I know in that village is only 18 feet wide. 

Q. Now, I show you a picture here and ask you if it looks like a good picture 
of the street there in Auk Village to which you have referred? [Witness ex¬ 
amines photograph.]—A. Yes, sir. 

Q. It looks like home, sweet home?—A. Well, that is good enough. 

Q. Can you point out your own house there’?—A. No; you can not see it; you 
would have to take that picture away around here [indicating] about 100 feet 
before you could catch my house. 

' Q. That is the street you have referred to, is that the street that runs 
through Indian Town’?—A. Yes, sir; that is the street I referred to. 

IMr. Rustgari). I offer that picture in evidence, and ask that it be marked 
■“ Contestant’s Exhibit A.” 

(Picture offered in evidence and marked Contestant’s Exhibit A ” by notary 
and made a part of this deposition.) 

Q. That picture was taken yesterday and there has been no change in the 
ai)pearance of the village since last fall, has there’?—A. No; I never noticed 
any. I have been away so much I wouldn’t notice. 

Q. Now, do you And Peter’s house in that picture?—xV. Well, there are half 
a dozen Peters; I don’t know which one you refer to. 

Q. Well, take Willie Peters.—A. You can. not see his house. 

Q. I show you another picture taken yesterday, wash day, and ask you to_ 
look at it and state whether or not that is a correct representation of the rest 
of Auk Village in Juneau’?—A. No; this is not Juneau, this is Douglas, between 
the natatorium and Treadwell. 

Q. The natives in Douglas whom you have referred to, they live in what is 
known as Indian Town in Douglas?—A. Yes, sir. 


406 WICKERS H AM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. And tliis picture T last show yon, tl»is picture is of the Indian Town in 
Douglas?—A. Yes, sir; that is part of the Indian Town; yes, sir. That ])ictnre 
with the family in front, that is the end of the Indian Town. 

Q, That is the end of the Indian Town?—A. Yes, sii-. 

Q. That street that shows there, that is the only street in Indian Town in 
Douglas?—A. No; I believe there are two streets. 

Mr, ItusTGARi). I offer this picture in evidence, which the witness has just re¬ 
ferred to, and ask that it he marked “ Exhil)it B ” of the Wickersham record, 
and I will state it was taken yestei'day. 

(Picture marked “Contestant’s P]xhihit B” by notary and made a part of 
this deposition.) 

Q. Now, I show you another picture taken yesterday. Of course, you know 
Aide Village and I ask you if that correctly represents a portion of Auk Village 
in .Tuneau, Now, that was taken from the front of the Presbyterian Church 
in Auk Village. Does that look familiar?—A. Yes, sir; hut that is not an 
Indian house, that is a white man’s house I see there. 

Cj. Who is he?—A. He is some fellow who died. Some missionary people 
have charge of that house there. 

Q. That two story house?—A. Yes, sir. 

(j. AVhat is the name of the party who has charge of it?—A. I could not say; 
maybe Mr. Crew, 

Q. What is that house used for?—A. It is used for a living house, the old 
fellow used to live there. 

Q. And this other one, that is just the Presbyterian Church?—A. The tirst 
one; yes, sir. 

Mr. Kustgakd. I offer that in evidence and ask that it be marked “ Con¬ 
testant’s Exhibit C ’’ and made a part of this deposition. 

Cj. Now, who built that place that is used for a schoolhouse now?—A. The 
schoolhouse? 

Q. Yes.—A. It was built by the Presbyterian Board, I believe it was, the 
people who established that. 

Q. And they put it up there for an amusement place for the Indians?—A. 
Yes, sir. 

tj. And that is the amusement house that Brother Hellenthal referred to in 
his examination of you, isn’t it?—A. Well, that is the only amusement house 
what is down there. It has been an amusement house hut it isn’t now. 

Q. This one that is used for a school now?—A. Yes, sir; church and school. 

(j. Who is conducting a school there?—A, Why, I think her name is-- 

(j. Is it a Government school?—A. A Government school; yes, sir. 

Q. The Bureau of Education?—A. Yes, sir. 

Q. Of the United States of America, that is running the school?—A. Yes, sir. 
(j. And they are using that Presbyterian house for that purpose?—A. Yes,, 
sir. 

Q. Now, the children of the Indians in Auk ATllage go to that school?—A. 
Yes, sir. 

Q. They don’t go to the common or public school in .Tuneau?—A. Oh, there 
are a few of them going to the public school; yes, sir. 

Q. AVho are they?—A. One is Elsie Knnz. 

Q. That is your daughter?—A. Yes, sir. 

Q. Who else?—A. One is Ruth AVillard. 

Q. That is the daughter of Harry Willard?—A. Yes, sir. 

Q. The man who you testified to had been declared by the court to be a 
citizen?—A. Yes, sir. 

Q. Anybody else’s children?—A. There is another one, Agnes Watson. 

Q. She is the daughter of Frank Watson, who is also declared by the court 
to be a citizen. Has her father also been declared by the court to be a citizen?— 
A. Yes, sir. 

Q. Then the children of the three of you who have your citizenship papers, 
.so-called, your children go to the public school?—A. No; not only for that rea¬ 
son. 

Q. I didn’t ask you the cause. But are there any other children going to 
the public school?—A. Yes; Annie .Tohnson has been going but she is delayed 
this winter on account of illness. 

Q. What school does she go to?—A. I don't know just where she is starting 
now, I could not say. 

Q. She went to the public school at one time?—A. Yes, sir. 

Q. How many go to the Indian school?—A. I can not tell you. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 407 


Q. Can you tell approximately?—A. I could not say any more than a half 
a dozen just at present—it only opened yesterday. 

Q. Now, Seward, your house is fronting? on Willoughby Avenue, is it? Is 
it fronting on this street in Auk Village that you have seen a picture of?—A. 
Yes, sir; that is between Indian Street and Willouiihhy Avenue. 

Q. You voted for Sulzer at the last jteneral election?—A. I did; yes, sir. 

Q. And you were a Sulzer supporter at that election?—A. Yes, sir. 

Q. And did you jrive any of these attidavits prepared by Ueajtan at his office 
to any of the natives the day before election?—A. No; I did not. 

Q. You are (piite sure of that?—A. No; I did not. 

Q. Did you ever see any of those affidavits before you ji’ot them from Ileagan 
between 4 and o o’clock in the afternoon of election day?—A. No, I did not see 
any one of them. 

Mr. Marshall. I want to ask a question or two of Mr. Kunz. 

Ky Mr. ^Marshall : 

Q. Were you in .luneau along in ^larch and February this year?—A. Y^es; 
I was here. 

Q. Did you hear anything at that time about the Pot Latch that was to be 
given out at Ground Hog r>ay by Charley INloses, a native out there, an old 
native?—A. I heard about it; yes, sir. 

Q. Did you hear whether the Governor of Alaska took any steps to stop the 
holding of that Pot Latch?—A. Yes, sir. 

Q. Do you know what the natives were who were trying to go^ there from 
Juneau?—A. Yes; I do. 

Q. Do you know whether any of them, that is among them were any of the 
natives you have mentioned here who have adopted the habits of civilized 
life?—A. No, sir. 

Q. None of these people you mentioned were among the people who tried to 
go to that pot latch?—A. No; there is none went down there excepting one 
that I referred to. 

Q. Who was he?—A. Francis .Joseph. 

Q. Francis Joseph tried to go. P>ut you don’t know of anybody else?— 
A. I don’t know of anybody else who tried to go; no, sir. 


By ]Mr. Rustgard : 

Q. Can you state whether or not any of these natives, except those who had 
their citizenship papers from the court, voted at the last city election in 
Juneau?—A. I haven’t got you yet. 

Q. I>id any of tlie natives from Auk Village vote at the last city election 
here in Juneau the first Tuesday in April?—A. Those who did not have their 
citizenship pai)ers, you mean? 

Q. Did any of those who did not liave their citizenship papers vote at that 
city election?—A. The last city election, you mean? 

Q. Yes.—A. I believe there was. 

Q. Who were they?—A. I could n()t say. 

Q. Do y(m know of anybody who did?—A. Yes, I do. 

Q. AVIio’;*—A, Those I am referring to; those who had their papers voted. 

Q. Do you know anybody who didn’t have their citizenship papers who 
voted*?—A. I didn’t pay any attention. 

Q. You would have known it if they had voted, wouldn’t you*?—A. I would 
liave known it if I was there, yes, sir; but I wasn’t there.' 

(2. You didn’t see any Indian who voted, did you, but those who had their 
citizenship papers?—A. No, I wasn’t around tliere to tell; I wasn t there then 


to know. , , n . 

Q. You know as a matter of fact they didn’t vote except those who had their 

citizenship papers, don’t you?—A. I could not way, I am sure. I could not say. 

Q Now, you have referred to this sample ballot as one of the sample ballots 
you’got t() distribute among the natives*?—A. I didn’t distribute them amongst 
the natives I didn’t know, just amongst those I knew, the boys right here in 
town. This is one of them, but there was another one, I said. 

IVIr. Rustgard. I offer tliis sample ballot in evidence and ask that it be 

marked “ Exhibit D.” ^ i i 

(Sample ballot marked “Contestant’s Exhibit D’ by the notary and made a 


part of this deposition.) 
Mr. Rustgard. That is 


all. 


408 WTCKERSHAM VS. SULZER, DECP:ASED, AND GRIGSBY. 


Redirect examination by ]Mr. Hellenthal : 

Q. What was tlie other sample ballot?—A. The other hunch I j;ot from Mr. 
Marshall. 

(i. Is that the same Mr. Marshall who is now representing .ludge Wicker- 
sham?—A. Yes, sir. 

Q. And what was that, a Democratic or Republican ballot?—A. Well, I don’t 
know, it was marked- 

Q. Was it a Sulzer or a Wickersh.am ballot?—A. It was a Wickersham bal¬ 
lot ; I got a hunch from him. 

Q. Then you had a Sulzer ballot and a Wickersham ballot also?—A. I had 
botli; yes, sir. 

Q. And showed them both to the Indians?—A. Yes, sir; it was all the same 
to me. I was just taking my time up. When I happened to run across the 
hoys I would distribute them to the hoys I knew; I would hand both of them to 
them. Either way they voted was all the same to me. 

Q. Did you make any effort to get them to vote either one way or the other?— 
A. No, sir; I didn't remark anything at all; I just asked them if they under¬ 
stood it, and they either took one or the other. 

Q. Your purpose was to see the Indians who were entitled to vote did vote?— 
A. Yes, sir; that was all I was after. 

Q. Prior to election did you have any conversation with anybody about get¬ 
ting the Indians to vote?—A. Yes; I did. 

Q. Who?—A. Mr. Marshall here took me down to the Dispatch ollice the night 
before election. 

Q. Who were there?—A. Judge Wickersham was there and the man who owns 
the press, I think it was, and two l»oys, were in the pressroom working, hut 
there in the office was only Mr. Wickersham and Mr. Marshall and another 
man; I can not recall his name. 

Q. How did you come to go there?—A. Mr. Marshall asked me on the street 
and invited me to go down there with him. He met me on the street here and 
invited me down, so I walked down with him, and he had a talk with me in the 
office. 

Q. What did he talk about?—A, He was talking—he started to influence me 
to get the Indians interested in this matter of election. Then ]\Ir. Wickersham 
spoke up and said that he had “ Nigger ” Watson down at Craig working for 
1dm; that he was getting all the natives down there interested in the election 
for him ; and told me that “ Nigger ” Watson went to his own expense getting 
these sample ballots printed, and other matters; took a trip over to Craig at 
his own expense; and the only word I said was I could not alford to do that. 
If I had a little time and could have-done a favor, I would, hut it was too 
late; it was the night before election, and I could not do anytldng. All I could 
do was to accept those ballots from him and the others. 

Q. Now, about this man Francis Joseph, did he ever tell you who he voted 
for?—A. No; he did not. 

Q. You don’t know who he voted for?—A. No; I do not. 

Q. I^id Harry Anderson ever tell you who he voted for?—A. No, sir. 

Q. You don’t know who he voted for?—A. I don't know who he voted for. 

Q. Do you know how he talked? 

Mr. Rustgard. I ol)ject to that as immaterial and irrelevant and calling for a 
conclusion. 

Q. Did he say who he was supporting?—A. No; he did not say who he was 
supporting. 

Q. Did Francis Joseph say who he was supporting?—A. No; he didn’t say; 
he didn’t tell me. 

Q. Do you know who they supported?—A. No, sir. 

Q. Have you any oi)inion as to who they voted for?—A. No; I have no 
opinion at all; I might he the wrong way. 

Q. Have any of the hoys in this list, whose names have been read to you as 
living in Auk Tillage, told jou who they voted for?—A. No, I don’t" think 
so; none of them told me how they voted. 

Q. You don't know who they voted for?—No, sir; except there is one 
right here in town that told me how he voted. 

Q. Who did he vote for? 

Mr. Rustgard. Objected to as immaterial and not the best evidence and 
hearsay. 

A. He voted for Wickersham. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 409 


Q. Wlint is liis iinine?—^A. Willie Peters, and I think a boy from the island 
also told me a week nr two a^o; I was talking to him. 

Who did he say he vored for? 

Mr. Kustgakd. ()hjecte<l to as not the best evidence and hearsay and in¬ 
competent. 

xV. He voted for Wickersham. 

Q. What is his name?-—xV. William Brady. 

Q. Those are the only two who told yon how they voted?—A. Those [ire the 
only two who told me how they voted; yes, sir. 

Q. Did Charley Bohb tell yon who he voted for?—A. No, sir. 

Q. Did yon take these atlidavits to any of the boys who had not severed 
their tribal relations or had not adopted the habits of civilized life?—xV. No; 
I did not. 

Q. M’ere there any natives to whom yon did not take these affidavits?—xV. 
I did not tjike them to anyone I did not know. 

Q. Well, were there natives yon did not take them to; yon did not take them 
to all the natives, did .von?—A. No; I did not take them to all the natives. 

Q. Yon can name some yon did not Dike them to; can not yon?—A. Yes, sir; 
I can. 

Mr. Kustgakd. Object to that question as immaterial. 

Q, How man.v?—A. Well; I have got 32 I knew that lived down in Auk 
ATllage, 32 that didn't have anything to do with election; they didn't vote; they 
don't know anything about politics. 

(}. And yon didn't take papers to them?—A. No; I did not. 

Q. Why didn't yon take them to these 32'-*—A. I knew they wasn’t fit for 
it; they didn't nnderstand it. 

Q. Yon only took the [iffidavits to such natives as yon knew were qnaliflecl 
to vote?—A. Yes. sir. 

Mr. Hellentital. Tlnit is all. 

Kecros.s-examination by Mr. Kustgakd : 

Q. Well, did yon take those affidavits to the 32 yon referred to?—A. I took 
tho.se affidavits to the boys I thought were able to vote in case they were turned 
down and had to swear their vote in. 

Q. Yon took them to all of the natives, didn’t .von?—A. No, sir. 

Q. How man.v did yon take them to?—A. I had half a dozen which I took 
to the boys. I didn’t give them all at once; I gave them to them as I met them 
on the street in the evening. 

Q. How many in xVnk Village were there whom yon considered were not fit 
to vote?—A. Tliei'e are 32 that I know. 

Q. That yon know that were not fit to voe?—A. Yes, sir. 

Q. They haven't adopted the habits of civilized life?—A. They have adopted 
the hiibits of civilized life in a certain way, bnt the.v don’t know how to read 
or w'rite and c;in not speak enongh English to nnderstand it. 

Q. So yon were sjitisfieil they had no right to vote?—A. No; they had no 
right to vote. 

IMr. Kustg.\kd. That is all. 

Ke-redirect examination by ]Mr. Heli.enthal; 

Q. None of those 32 voted, did they?—A. No, sir. 

Mr. Kustgakd. There is one point I wonld like to have Mr. IMarshall cross- 
examine the witness on. 

By IMr. IMakshall ; 

Q. When was this occasion that .von went down to the Dispatch office with 
me?—A. When? 

Q. Yes.—xV. The night before election. 

Q. Where did I pick yon iqi, do yon i-eniember?—xV. Kight here in front [in¬ 
dicating!. No; it wjis over here [indicating] the first time I met yon, right 
across from Bnrford’s cornei’. 

Q. Wasn’t it just as .von came out of the Democratic headquarters down here 
below the Alaska Hotel?—xV. No; it wa.sn’t. 

Q. What was the iirincipal topic of the conversation down there at the Dis¬ 
patch office when we went down there?—A. All I understood, .von took me 
down there and yon showed me a jilat of the trap site, the fishing geer, and 
yon sliowed me how it was situated, and that thing I didn’t nnderstand any¬ 
thing about it. I told yon I didn’t nnderstand fishing and conld not say any¬ 
thing about it. 


410 WrCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Well, wasn’t the main subject of my conversation down there the cause 
of the Siilzer tisheries hill and its effect on seine fishermen in Alaska, all fisher¬ 
men except trap fishermen?—A. Some tiling to that effect, but I didn’t under¬ 
stand fishin^r. I told yon that that eveninj?. 

Q. Well, that was the main topic?—A. That was the main toi)ic; yes, sir. 

(}. And didn’t .Tndge Wickersham tell yon that he had explained that hill 
down at Ketchikan, and that amonj? others who had listened to his explana¬ 
tion and talked to him about it were some native fishermen, and that they were 
pretty much worked np over the fact that that hill would deprive them of 
the opportunity to fish?—A. Something to that effect, yes, sir; as near as I 
can remember. 

(}. Do yon remember what I said to yon about voting at the election that 
evening?—A. Yes, sir. 

Q. What did I say?—A. Yon handed me those hills and told me to distribute 
them amongst the hoys that I knew. That is about all that I remember. 

Q. What boys did I refer to?—A. Yon didn’t mention any names. 

Q. I have known yon for cpiite a number of years, haven’t I?—A. Yes, sir. 

(). When I was commissioner?^—A. Yes, sir. 

Q. And yon had reason to suppose that I knew that yon were a citizen, 
that yon had established your citizenship rights?—A. Yes, sir. 

Mr. ]Mai{shall. That is all. 

By Mr. Hellenthal: 

Q. These bills that yon refer to that ]VIr. ^Marshall gave yon, were Wicker- 
sham sample ballots, were they not?—A. Yes, they were Wickersham ballots; 
yes, sir. 

(). And the object of giving them to yon was to get the boys to vote that 
ticket ? 

Mr. HI^STGARD. I ol)ject to stating the object. If he v^ants to state anything 
that would he material proof in that respect, all right. 

Mr. Grigshy. Let it go, that is plain enough. 

]\fr. LIellexthal. That is all. 

Reward Kunz. 

DEPOSITION OF OLAF THORENSEN. 

DLAF THORENSEN, a witness produced for and on behalf of the cou- 
testee, being duly sworn hy the notary to tell the truth, the whole truth, and 
nothing but the truth, tesified as follows: 

Direct examination hy Mr. Hellenthal : 

Q. may state yonr name.—A. Olaf Thorensen. 

Q. AVhere do yon reside, Mr. Thorensen?—A. At the present time I reside 
liere in Jnnean. 

Q. In Jnnean?—A. Yes, sir; I have been back here since February. 

Q. Yon resided for a time at Sheep Creek or Thane?—A. Yes, sir; at 
Sheep Creek before this. I was at Sheej) Creek for about a year or so, and 
then I went lielow for a couple of months. During that year I was at Sheep 
Creek I had a controversy over my right to vote at Thane. I had been sleep¬ 
ing in one of Tom Knndson’s cabins down here for about three or four months. 

Q. Yon had been sleeping in one of Tom Knndson’s cabins here in Jnnean 
for three or four months?—A. Yes, sir; on Willoughby Avenue. 

Q. On AVillonghby Avenue in the town of Jnnean, Alaska?—A. Yes, sir; 
for about three or four months. 

(). How long liad yon been sleeping there before election?—A. For alioiit 
30 days before election, 8 or 30 days, I could not say just which it was. 

(}. Yon had been sleeping in his cabin at Jnnean, yon mean, until about 10 
days before election?—A. Yes, sir; 8 or 10 days, but during that time I 
worked at Thane, took my meals out there, took my meals at Thane and 
most of my time was spent at Thane, but at nighttime I stopped in this cabin. 

Q. Yon stop])ed at night time in this cabin?—A. Yes. sir; until about eight or 
ten day;^ before election last fall. 

Q. Until about eight or ten days before election. Eight or ten days before 
election yon moved to Thane again?—A. Yes, sir. 

Q. Yon moved back to Thane about eight or ten days before election?—A. I 
moved back to Thane about eight or ten days before election ; yes, sir. 

Q. And yon had been sleeping in the calnn of Tom Knndson for about four 
months?—A. Yes, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 411 


Q. Now, had you ever lived at Tliane before that?—A. Yes, I lived at Thane 
before that for about a year. I worked at the Thane mill. Last summer I 
worked at the Thane mill all summer hut I lived in town here. In the evenings 
I would chase hack and forth with a jitney, hut I stayed here at night so as to 
take the men out in the morning. 

Q. You were running a jitney between here and Thane?—A. Yes, sir; I was 
running a jitney at night times and I would stay in town here at nigld time 
in order to take the men to Thane in the morning at 7 o’clock. 

Did you ever live in .luneau before that?—A. Before that, for about three 
years or so, I made my home at the Bergmann Hotel; that is, between work 
at different times around here I woidd call in there ami used to have my hang¬ 
out at the Bergmann Hotel. 

CL That is in .Juneau?—A. Yes; iu .luneau; the Bergmann Hotel in .Tuneau, 
l>efore that. 

(j. Did you vote on election day?—A. Yes, sir. 

C}. Where did you vote?—A. I voted at Thane. Y^ou mean last fall? 

CL Yes.—A. Yes, sir; at Thane. 

CL That is the November election last fall?—A. Yes, sir; I voted at Thane. 

CL Wlio did you vote for?—A. I voted for Wickersliam. 

c}. Y’ou are a citizen of the United States?—A. Yes, sir. 

CL You have your second papers?—A. No; I came to this country when I 
was seven years old and my father had his i)apers before I was twelve years old. 

CL What did they do with your ballot?—A. Why, they challenged my ballot 
down there and I argued with them that I had a right to vote there, that that 
was my home, to a great extent. They told me I would have to go back to .Tu¬ 
neau and vote on account of I had only l)een there eight or ten days in that 
voting precinct, so I argued then with them about my going l)ack to .luneau, 
that in .Tuneau they might call this my residence and I didn’t want to be run¬ 
ning back and forth, so I swore in my vote. 

CL What did they do with your ballot?—A. I could not say. 

CL Did they put it in an envelope?—A. I could not sa.v. I offered to swear 
in my vote and they could not refuse that. Mr. Keedy wanted to make out 
the challenge and I wanted to make it out. He said. “ \"ou are not allowed 
to make it out,” so be made it out and he made it out contrary to what 
I wanted it, but finally I signed it and told him I wasn’t going to .Juneau so 
would let it go as it looked and signed it. 

CL He wrote into tlie challenge something?—A. He wrote in it that I had 
t)een there eight days, which was correct, but iie didn’t say the time I had 
l)een working there and the last eight days I had l)een sleeping there, but 
tliat T had been in that voting precinct 8 or 10 days. 

CL Who wrote that in with a pen?—A. IMr. Keedy, the judge of election. 

CL Didn’t he take that challenged vote together with your ballot and put 
it in an enveloi)e?—A. I believe he did, something like that. 

CL Well, they didn’t put it in the ballot box while you were there?—A. No, 
sir ; I went out right after I signed it. 

CL Did they put it is an envelope?—A. I believe they did. 

CL But what they did with the envelope, you don't know?—A. No, sir; I 
don’t know. 

CL But you do know they did not put the ballot in the box while you were 
tJiere?—A. T didn’t see them do it. 

Q. Now, tlien, before you commenced to sleep in Tom Knudson’s cabin here 
in .Juneau, you had been sleeping and working at Thane?—A. Yes, sir. 

CL Uor about one year, sleeping and eating and working at Thane?—A. Yes, 
sir. 

CL And took your meals at Thane?—A. Y"es, sir. 

(L Now, then, you were running a jitney at that time?—A. Tn the evenings. 
I still worked at Thane during the day. 

CL YY)U still worked at the mill?—A. Yes; I still worked at the mill. 

Q. And you were making a little extra money running the jitney in the 
evenings?—A. Yes, sir. 

C}. After your’ work, then, in the evenings you started to run the jitney 
and took the boys to .Tuneau?—A. Yes. sir. 

C}. And you wanted to take a load of men to Thane in the morning again 
before work?—A. Y’'es, sir. 

CL So for that reason-you got a chance to sleep in a cabin here?—A. Yes, sir. 

Q. Tint you still continued to work at Thane and you continued to take 
your meals at Thane? A. Yes, sir. 


412 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. And you continued to eat at Thane?—A. Yes, sir; most all iny meals, I 
think. I took breakfast here in town but most of my meals 1 j^ot at Thane. 

t^. The only reason you got a room in Knudson’s cabin and slept there was 
so you could take a load in your machine to Thane the next morning?—A. Yes, 
sir. 

Q. So as to make that extra money?—A. Yes, sir. 

Q. But you held your job, worked for the company in the mill at Thane?— 
A. Yes, sir. 

Q. Thane is the same as Sheep Creek?—A. Yes, sir; the same thing. 

Mr. Hellenthal. That is all. 

Olaf T. Thorensen. 

DEPOSITION OF J. W. BELL. 

J. \V. BELL, a witness produced for and on behalf of contestee, being duly 
sworn by the notary to tell the truth, the whole truth, and nothing but the 
truth, testified as follows: 

Direct examination by Mr. Hellenthal : 

Q. State your name?—A. J. W. Bell. 

(L Where do you reside?—A. In Juneau, Alaska. 

Q. How long have you lived in .Tuneau?—A. Since June, 190G. 

Q. What official position do you hold, if any?—Clerk of the United States 
District Court for the district of Alaska, division No. 1. 

Q. Do you. as such clerk, keep a record of the native Indians who have 
applied for certificates under chapter 24, of the act of the Legislature of 
the Territory of Alaska, entitled “An act to define and establish the political 
status of certain native Indians within the Territory of Alaska,” approved 
April 2G, 1915?—A. Yes, sir. 

Q. Have you that record with you?—A. Yes, sir. [Witness produces book.] 

Q. Is that book you have there the record?—A. Yes, sir. 

Q. Will you state, Mr. Bell, whether or not there has been any such appli¬ 
cations granted to Indians residing at Klawock?—A. Yes, sir. 

Q. How many?—A I think there is one. No; there are two. 

Q. What are their names—A. (Witness refers to book.) George Demmert 
and L. P. Wilson. 

Q. I will show you this blank form, ]Mr. Bell. State whether or not that 
is the form of certificate which is issued in such cases.—A. Yes, sir. 

Mr. Hellenthal. We offer* that in evidence and ask to have it marked 
“ Contestee’s Exhibit No. 1.” 

(Certificate marked “ Contestee's Exhibit No. 1,” by notary and made a 
part of this deposition.) 

Q. State whether or not there are any applications granted to Indians re¬ 
siding at Hydaburg.—A. Yes, sir. 

Q. How many?—A. One. 

Q. And what is his name?—A. Frank Mason. 

Q. Are there other applications undisposed of from these two places?—A. 
Yes, sir. 

Mr. Hellenthal. That is all. 

Cross-examination by Mr. Rustgard. 

Q. When was the application of George Demmert of Klawock granted?—A. 
May 20, 1919. 

Q. When was the application of L. P. Wilson of Klawock granted?—A. May 
20, 1919. 

Q. When was the application of Frank IMason granted-—A. October 5, 1918. 

Q. Does your record show that any application was granted any native of 
Douglas or .Tuneau?—A. Yes, sir. 

Mr. Grigsby. Objected to as not proper cross-examination. 

Q. Now will you give the names of the natives of Douglas whose applica¬ 
tions were granted? 

Mr. Grigsby. Same objection. 

A. David Charles. 

Q. What date is that?—A. .Tanuary 8, 1917. 

Q. Now is that the only one' from Douglas?—A. I believe so. 

Q. Have you got the record of the applications granted to natives living at 
Juneau?—A. Yes, sir. 

Q. Who are they? Give their names and the date when their applications 
were granted. 


WICKERSHAM VS. SULZER, DECEASED, AND'GRIGSBY. 413 


Mr. Origsry. Same objection. 

A. Seward Kniiz, September 26, 1916; Harry Willard, IVIay 11, 1918; .Tames 
Watson, .Tune 3, 1918; .Tolin Williams, March 8, 1919; .Josephine Scott, October 
25, 1918. 

Q. You have the record of other natives whose applications have been 
jxranted?—A. Oh, yes. 

(}. How many, all toj^ether, in this division?—A. Seventeen. 

Q. Give their names and the date of the granting of the applications of the 
others and their places of residence. 

Mr. OiuCxSRY. Same objection. 

A. I don’t know which ones I liave given now. 

Q. You have given Kunz, Willard, Watson, Williams, Demmert. Wilson, 
INIason, and David Charles.—A. David P. Howard, Sitka, .July 5, 1917; Cyrus 
E. Peck, Sitka. September 22, 1916, 

Mr. Origsry. We make the same objection to all this as not proper cross- 
examination. 

A. Samuel C. .Jackson, Haines, ^Nlarch 31, 1918; Andrew Peter .Johnson, Sitka, 
September 29, 1919; .John Do-Kom .James, Sitka, IMay 1, 1919; Cyrus William 
.Jacobs, Sitka, April 29. 1919; Jean Wannamaker, Sitka, April 29, 1919; Andrev/ 
Wannaniaker, Sitka, April 29, 1919. 

Q. Is that all?—A. That is all except those I gave before. 

Q, The total for this division is 17?—A. Seventeen; yes, sir. 

Q. And how many of those received their papers prior to November 5, 1918? 

Mr. Origsry. Objected to as not proper cross-examination and an effort to 
encumber the record and run up the expense of this contest on the part of the 
contestee. 

A. Eight of them. 

Mr. ItusTGARD. Well, I offer in evidence chapter 24 of the session laws of 
the Territory of Alaska for 1915, that being the same act under which these 
applications were made and certificates issued. 

Mr, HeTvLenthal. W e object, the committee will take Judicial notice of that 
act, and it will only encumi)er the record. 

Mr. Origsry. Where is it? 

Mr. Kustgard. I will furnish a copy of it to be attached to this deposition 
and ask that it be marked “Contestant’s Exhibit E’’ and made a part of this 
deposition. 

J. W. Bell. 

DEPOSITION OF GEORGE DEMMERT. 


OEOBOE DEMMERT, a witness produced for on behalf of the contestee, 
l)eing duly sworn, testified as follows: 

Direct examination by Mr. Hellentiial : 

What is your name?—A. Oeorge Demmert. 

Where do you live?—A. In Klawock. 

Klawock is in the southern part of the first division of the Territory of 
Alaskji?—A. Yes, sir. 

Q. How long have you lived there?—A. I have lived in Ivlawock for the last 
five years. 

Q. Where did you live prior to that time?—A. Before I went to Klawock I 
in Shakan. 

That is also in Alaska?—A. Yes, sir, 

M’here were you born?—A. In Shakan. 

In Shakan, Alaska?—A. Yes, sir. 

What race do you belong to?—A. I belong to the Thlinget race. 

That is the Thlinget Tribe?—A. Yes, sir. 

And the Thilinget is a tribe of the Alaska Indian race?—A. Yes, sir. 

Are you a full-lilooded Indian?—A. Yes, sir. 

Where were you educated?—A. At Sitka. 

Do .voii read and write the English language?—A. Yes, sir. 

How much education did you get, IMr. Demmert?—A. M'ell, I stayed in the 
school six and a half years and I went up to about the fifth or sixth grade, I 

think it was. . i .u 

Q. And have you had any schooling since that time?—A. Yes, sir; what 

reading I did at my own home. „ . -r , i 

Q. You finished your education by reading at your own home?—A. I woiildn t 
claim to have finished my education, but J read all I can; every time I have a 
chance. 


Q. 

Q. 

Q. 


lived 

Q. 

Q. 

C. 

D- 

Q. 

(>. 

Q. 
<l 
Q. 
Q. 


414 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. How long since you left school?—A. I left school in 1902. 

Q. How old are you?—A. I am about 36 years old. 

Q. What is your occupation?—A. For the last live years I have been work¬ 
ing in a store. 

Q. What store?—A. The Klawock Commercial Co. 

Q. What work do you do in the store?—Why, I am storekeeixu*. 
fi. Do you manage the store?—A. Yes, sir. 

Q. Ymii were manager of the store?—A. Yes, sir. 

Q. Of the Klawock Commercial Co.?—A. Yes, sir. 

Q. And as such manager you bought the goods?—A. Yes, sir; I bought the 
goods. 

Q. And lixed the prices and all that sort of thing?—A. I helped to fix the 
prices. 

Q. You had others to assist you?—A. Y’^es, sir. 

Q. Who was the Klawock (Commercial Co. organized by?—A. It was organ¬ 
ized by all of the natives; not all the natives, but the majority of the natives 
there. 

Q. It is a cooperative concern?—A. Yes, sir. 

Q. And is it a corporation?—A. Yes, sir. 

Q. And the natives own stock in it?—A. Yes, sir. 

Q. And you have been elected their manager?—A. Yes, sir. 

Q. And you held that position for five years?—A. Yes, sir. . 

Q. Do you belong to any church?—A. Yes, sir. 

Q, What church?—A. The Presbyterian Church. 

Q. Do you belong to any lodges?—A. Yes, sir, 

Q, What lodges?—A. I belong to the Klawock Brotherhood. 

Q. Wbat is the Klawock Brotherhood?—A. The Klawock Brotherhood is a 
society organized by the boys of the town to help each other in need of help, 
especially those who come from other parts of Alaska, and we have carried 
that out pretty well. 

Q. It is a charitable organization?—A. Yes, sir. 

Q. Do you hold any official position?—A. Yes, sir. 

Q. What official position is it?—A. I am their secretary. 

Q, Of the town?—A. No, of the lodge. 

Q. You are the secretary- of the lodge?—A. Yes, sir. 

Q, Do you hold any official position in the town?—A. No, not this year, 

Q, Did you before?—A. Yes, sir. 

Q. What was that?—A. I was the secretary of the town. 

Q. Did you hold any position on the city council in that town?—A. Yes, sir. 
Q. What was that?—A. I was one of their councilmen. 

Q. You were a member of the city council?—A. Yes, sir. 

Q. How long were you a member of the city council?—A. Two years. 

(). Where do you reside—at Klawock?—A. Yes, sir. 

Q. What kind of a house do you live in?—A. Well, I have got a bungalow, 
26 by 28 feet. 

(}. How many rooms?—A. Five rooms. 

How much did it cost?—A. Why, the house alone cost about .$1,206. 

Q. How is it finished?—Why, she is finished outside with two thicknesses and 
a paper between and then sbe is all ceiled with 8-inch ceiling inside. There is 
a sitting room, kitchen, bathroom, and two bedrooms upstairs. 

Q. You have a sitting room, a kitchen, a bathroom, and two bedrooms?— 
A. Yes, sir, 

Q. Now, wbat are tbe furnisbings in it. in a general way I mean.—A. Well, 
sir; I have got chairs, l)eds, a piano, and a talking machine; in fact, all the 
necessary eciuipment to have a happy home. 

Q, Are you a married man?—A. Yes, sir. 

(). How many children have you?—A. Four. 

(}. Did you vote at the last election?—A. Yes, sir. 

(]. Did you vote at the election preceding the last election?—A. Yes, sir. 

Q. I mean the election two years ago; did you vote then?—A. Yes, sir. 

Q. I mean in 1916; did you vote that year?—A. I think so; I think’I voted 
Q. Wasn’t your vote challenged in 1916?—A. Yes, sir. 

Q. On what ground was it challenged?—A. Why, my vote was challenged- 
they claimed I was living on a reservation. 

Q. Was it challenged this last time?—A. No, sir. 

Q. You are a musician, too; are you not?—Yes, sir. 

Q. Do you play at the church?—Yes, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 415 


Q. And at the school and at entertainments?—Yes, sir. 

Q. Do you know William Stewart?—A. Yes, sir. 

Q. And K. J. Peratovieh?—A. Yes, sir. 

Q. And .1. K. Williams?—A. Yes sir. 

Q. And Thaddeus Isaacs?—A. Yes, sir. 

Q. And L. P. Wilson?—A. Yes, sir. 

.lack J. I’eratovich?—A. Yes, sir. 

Ck Tecumpsa Collins?—A. Yes, sir. 

Q. Charles W. Demmert?—A. Yes, sir. 

Q. Sam Gunyah?—A. Yes, sir. 

Q. Sam Davis?—A. Yes, sir. 

Q. Lee Anniesket?—A. Yes, sir. 

Q. jMaxiield Datlin?—A. Yes, sir. 

Q. Johnnie W. Anniskett?—^A. Yes, sir. 

Q. Cylde Fields?—A. Yes, sir. 

Q. And Arthur .Tames?—A. Yes, sir. 

Q. John Wilson?—^A. Y"es, sir. 

Q. And Frank Williams?—^A. Yes, sir. 

Q. K. 1). Collins?—A. Yes, sir. 

Q. And I*eter Anniesket?—A. Yes, sir. 

Q. Where did these all reside?—^A. They all lived at Klawock. 

Q. Are they Alaska natives?—A. Yes, sir. 

Q. How lonj; have you known these {gentlemen?—A. Why, I have known 
them for quite a numher of years. 

Q. Do you know whether they can read and write the English language?— 
A. Yes, sir. 

Q. Can they or can they not read and write the English language?—^A. Well, 
the majority of them, pretty near all of them, can read and write and speak 
the English language, in fact all of them can speak pretty good English. 

Q. Do you know whether these gentlemen whose names have been read to 
you have severed their tribal relations?—A. Yes, sir. 

Q. Have they or have they not?—^A. They all have. 

Q. And do you know whether they had severed their tribal relations prior 
to last year, prior to the last election, before the last election?—A. Well, sir, 
they have ever since I came to Klawock. I haven’t seen anything there what 
they call the old custom in Klawock. 

Q. This was five years ago?—A. Five years ago; yes, sir. 

Q. All these natives whose names have been read had severed their tribal 
relations five years ago?—A. Yes, sir; or maybe more. 

Q. But you know that they had severed their tribal relations at least that 
long?—Yes, sir. 

Q. Had they all adoj^ted the habits of civilized life?—A. Y’es, sir. 

Q. And they had done this prior to the time that you came to Klawock?— 
A. Yes, sir; and a number of years before I got there. 

Q. Is there any chief down there?—A. No; not any Indian chief; not the 
old-style chief. 

Q. Have-they ever had that kind of a chief since you have been in that 
part of the country, since you have been there?—A. No, sir. 

Q. Did they ever keep up any tribal customs at all since you have been 
there?—A. No; I never saw any there, 

Q. You never saw any of that yourself?—A. No, sir. 

Q. What kind of houses do they live in?—A. They live in houses just like 
you got around here, eveiy man h s got his own house. 

Q. They live in the same kind of houses that white people live in?—A. Yes, 
sir. 

Q. The same as your house?—A, Yes, sir. 

Q. What occupation do these gentlemen follow?—A. I don’t know just how 
many have got operator’s license. 

Q. What operator’s license?—A. That is engineer and captain’s license. 

Q, Engineers’ and captains’ licenses?—A. Yes, sir. That is wlfiat I mean, 
some of them up to 65 foot gas boat, license. 

Q. A large number of men at Klawock have got these licenses?—A. At least 
four or five have, I could not say for sure how many. 

(L They have been licensed by the custom officials as engineers and cap¬ 
tains?—A. Yes, sir. ^ 

Q. And what business do these gentlemen as a rule follow r—A. \\ hy, the 
majority of them follow fishing. 



416 WICKEESHAM YS. SULZEE, DECREASED, AND GEIGSBY. 


Q. They are fishermen?—A. Yes, sir. 

Q. Do any of them j?et any sni)])ort from the (Jovernment?—A. No, sir. 

Q. They are all self-supporting?—A. Yes, sir. 

Q. How much are you worth?—A. Well, sir- 

Q That is to say how much money are you worth?—A. That is inclmliiig 
the property ? 

Q. Yes.—A. I should judge pretty close to $30,000. 

Q. You are worttJi about ,S30,000?—A. Not quite, but Itetweeii $25,000 and 
$30,000. 

Q. How about these other natives whose names I have read, are they property 
owners?—A. Yes, sir; every one, 1 think does. 

Q. Y^ou mean every one are property owners?—A. Yes, sir. 

Q. And are some of them worth as much as you are?—A. Some are worth 
more. 

Q. Mention some of the names of those who are worth more than you are?— 
A. R. J. Peratovich, Charley Demmert, and Jack I’eratovich. 

Q. They are wortli more than $30,000?—A. I’^es, sir; I think so. 

Q. And many of the others have considerable property?—A. Y'es, sir. 

Mr. Hellenthal: That is all. 

Cross-examination by Mr. Rustgard : 

Q. What is your income every year?—A. Well, I should think pretty close to 
$3,000. 

Q. What is Charlie Demmert’s income?—A. I don't know. 

Q. What is his business?—A. He is foreman at tlie cannery, and he has got 
stock in the cannery, too. 

Q. What cannery is tliat?—A. The cannery at Kucareli. 

Q. Wiio owns the cannery?—A. Why, I understand a company by the name 
of Hendrickson Bros, I understand. 

Q. Now, Jack Peratovich; what is his business; he is storekeeper, isn't he?— 
A. Y"es, sir. 

Q. Wiiat is his income?—A. I have no idea. 

Q. Did you ever pay an income tax?—A. No, sir. 

Q. Did Jack I’eratovich ever pay an income tax?—A. I don’t know. 

Q. None of you people living in Klawock ever paid an income tax, did you?— 
A. I think R. J. Peratovich did. 

(). You think so?-—A. Y^es, sir. 

Q. Wiiat makes you think so?—A. Wiien I was in the store I used to see him 
come down with some applications and some sduff like that, but then I liave 
always been too busy to pay attention to this, what he was doing. 

Q. What made you think it was an income tax?—A. Well, I understood him 
to say it was an applicatior' for an income tax. 

Q. Did you ever pay * come tax?—^A. No, sir. 

Q. How many live V f at Klawock?—A. Well, I think there are over three 
hundred. 

(). Y'ou live there ' \vhat is known as the Klawock Indian Reservation'?— 
A. Well, I understanj they call it a reservation. 

Q. An Indian reservation?—A. Yes, sir. 

Q. That was a reservation that was created by the President of the D^nit(*d 
States in 1914?—A. Why, referring to that, I don’t know nothing about it. 

Q. Now, I show you this map that is attached to the Executive order of 
April 21, 1914, creating the Klawock Indian Reservation and ask you whether 
or not the Klawock you refer to is not situated on what, on that map, is marked 
“ Klawak Reservation”? [AVitness examines map.]—A. Yes, sir. 

Q. Now, so that you and the other natives whom you have mentioned live on 
what on that map is marked ‘‘Native village”'?—A. We don’t go by the 
” village,” we go hy the name of a town. 

Q. Yes; but it is the same town that is marked on the map here ‘‘Native 
village,” isn’t it?—A. Yes, sir. 

(}. That is where you and all these people whom you have referred to as hav¬ 
ing a home live?—A. Y"es, sir. 

Q. And where you lived last summer and fall?—A. Yes, sir. 

Q. And have been living there all the time'?—A. Well, not all of them but 
some of them come there for the school, we have a good school there. 

Q. The Government of the United KStates is maintaining a school there?—A. 
Yes, sir. 

(}. And the school-teacher is one INIr. Hibbs?—A. Yes; he was the last five 
years. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 417 


Q. Wluit is his first iinine?—A. C. E. 

Q, Does he live there now?—A. No, sir. 

Q. When did he leave there?—A. He left there last July, I think it was. 

Q. July of this year?—A. Yes, sir. 

(}. He has been there as school-teacher for the United States Government 
for the last tive years?—A. Yes, sir. 

And he was jjrettin^ the school sni)i)lies for you?—A. Yes, sir. 

(i. And the Bureau of Education furnished those sui)i)lies?—A. Yes, sir. 

Q. And you have several teachers there?—A. Yes, sir. 

Q. And Hibhs is the fellow who started that cooperative store; he helped 
you start it?—A. No; he didn't. 

Had he nothing to do with it?—A. He helped to keep the books. 

Q. Hihhs is the fellow who wante<l you natives to fj;o to work and start 
something’ like that so that you could learn to do husiness. wasn’t he?—A. Why, 
he never—in fact he never talked to us about any husiness at all, he tended to 
his school and teachinj>:. 

Q. He wanted you to start the store, didn’t he; he helped you to start it?—A. 
He wasn’t there when the store started in the first place. 

(}. Wasn’t he there when it was orfjanized?^—A. Yes; two or three years 
after it was orpinized. 

(h Who was it made out the papers orjjanizing it?—A. In the first place we 
had a little store started at Sludcan oruanized by the natives. 

Hihhs is the man who lielped you orj?anize it down here at Klawock,. 
wasn’t he?—A. He did not. 

Q. Who did’?—A. (’barley Demmert. (’barley Demmert was the first man 
who ever stsirted a store in Shakan and he is the first man who got the native 
boys togetlier, and got to talking to them about their husiness. 

(^ That was at Shakan’?—A. Yes, sir. 

Q. How far is that from Klawock’?—A. About (18 miles, I think it is. 

(}. Now. in preparing the papers, in making out the papers to form this or¬ 
ganization. did Hihhs heli) you?—A. I don’t think so.. Of course, the store 
was running two or three years before Mr. Hihhs ever came to Klawock. 

i}. It was running before Hihhs came to Klawock?—A. In fact, it was about 
five years the store was running in Shakan before it was moved to Klawock. 

(^ But I am talking about Klawock-A. And I am telling you where the 

store got started, too. 

Q. Now, what time did the store get started at Klawock?—A. I could not 
tell just exactly what year it was started or when it was moved there. 

(^ Who was the Government teacher at the time it started at Klawock?—A. 
I don’t know who the Government teacher was at Klawock at that time; I 
wasn’t living at Klawock at that time. 

(^. Mr. Hihhs during the last five years has helped you to keep the hooks?—- 
A. Yes, sir. 

i}. And helpe<l you—showed you how to run it?—A. He looked after the hooks 
and I looked after the store and did most of the buying. 

Q. Did Hihhs get i)aid anything for keeping the hooks?—A. I don’t know; not 
from the comi)any, I don’t think. 

Q. Who paid him?—A. I think he was paid by the Bureau of Eldiication as 
one of the ])rincipals of the school, and he also got a contract to help with 
the hooks, I think. 

(^ Now, it was in his capacity as teacher, because he was paid by the Gov¬ 
ernment, he helped you to keep the hooks and showed you how to do it?—A. 
Yes, sir. 

Q. Now, the land on which the village is built all belongs to the Government 
of the United States, doesn’t it?—A. I don’t know about that, but I understood 
it belonged to the natives that live there. 

Q. Well, you haven’ any patent or deed from the United States Government 
to the land, have you?—A. No, sir. 

Q. And are there any white people living there?—A. Only the teachers. 

(5. Now, who are the teachers?—A. I don’t know the names of the new 
teachers there now, hut the principal is IMr. Rowley. 

Q. He is the principal?—A. Yes, sir. 

Q. Now, then, how many assistants has he got?—A. Three. 

Q. Now' these are the only white people living on the Klaw^ock Reservation?—> 
A. No; the preacher. 

Q. Who is the preacher?—A. Mr. Bromley. 

27 


151279—20 




418 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. He is the Presbyterian preacher?—A. Yes, sir. 

Q. And he has lived there several years?—A. Yes, sir. 

Q. Are there any white peoi)le living there aside from the Presbyterian 
preaclier and his family and the Government .school-teachers?—A. There are 
quite a few white people living on the other side. 

Q. But 1 am talking about the reservation—the Klawack lleservation.—A. 
There are .some whites that are married to natives living there. 

How many?—A. There are three, I think it is. 

Q. Can you give us their names?—A. George Nelson, “ Nigger ” Watson, 
iiml the other fellow has left; his name is I’eter Dane. 

Q. There are two white i)eople aside from the preacher and his family and 
the teacher who live on the Klawock Reservation ?—A. Yes, sir. 

Q. .lust two and those are men married to native women?—A. Yes, sir. 

(}. They were there before the re.servation was created?—A. I don’t know. 

How long have they been there?—A. I don’t know how long tliey have 
been there. 

Had they been there since before you came there?—A. I think .so. 

(^). And you have been there five years?—A. l^es, sir. 

(}. And they were there when you came there’?—A. I*eter was there when 
I came there. 

Q. And what about the others; what about Nelson?—A. I think Nelson came 
there after I did. 

Q. Ai-e you sure of that?—A. Yes, sir. 

Q. What time did he come there?—A. I could not tell you what time he 
came there. It is a hard proposition to tell, when a man isn’t taking notice of 
anybody, just what time he came there. 

Q. Now, the houses that the natives live in are just about like the houses in 
Auk Village, are they?—A. No; they are better houses. 

Q. Much better?—A. Yes, sir. 

Q. They are old hou.ses, most of them, aren’t they?—A. No, sir. If you 
took a trip to Klawock I wouldn’t be. ashamed to take you into any of the 
houses there. 

Q. Klawock is an old village isn’t it—an old camp?—A. It was an old 
camp; that is what I would call it. 

Q. It was an old camp?—A. Yes; a camp where some of the old people used 
to go to put up their tish for the fall; but it has never been known to be a 
village at all, not among our people. 

ii. About how many new hou.ses are there there?—A. The new houses would 
be—I wouldn’t know just how many houses there are there; but there are not 
any old houses there at all, not any what I would say was the old customhouse; 
there is not any of those there. 

Q. You have got a town government there?—A. Yes, sir. 

Q. You have got that governed under the law created by the I.,egislature of 
Alaska allowing the natives to run their own town government?—A. Yes, sir. 

Q. That is what they call chapter 11 of the Territorial laws of 1915, undei* 
that government, only the natives have a right to take part?—A. Yes sir. 

Q. Only the natives have a right to vote in these elections, isn’t that right?— 
A. Why, those whites that are living there, hey can vote. 

Q. Do they vote?—l^es, sir. 

When did they participate in voting?—A. What is that, what did you 

say ? 

(}. Does the school-teacher vote?—A. Y^es, they all vote. 

(}. The .school-teacher and the nurses’?—A. She voted, and Mr. Brondey 
voted. 

Q. At the town election?—A. Yes, sir. 

Q. Don’t you know the law provides that the qualification of a voter is one 
who is a member or the descendent of a member of the Thlinget, Tsimp.sean, or 
Hydah people?—A. Well, they must be a descendant if they voted there. 

Q. Now what are those people living there, are they Hydans mostly?—A. 
They are Thlingets. There is only one Hydah there, Thaddous l.saacs, he is 
a Thlinget, now, I think. 

Q. You made a Thlinget out of him?—A. I think so. 

Q. And you speuk the Thlinget language between your.selves?—A. Yes, they 
can understand it if you talk Thlinget. 

Q. Well, the language of the village or town is the Thlinget language isn’t 
it?—A. Yes, sir, the same as they use here. 

Q. Under that law how many councilmen have you got, 12?—A. Yes, sir. 


AVICKERSHAM A^S. SULZER, DECEASED, AND GRIGSBY. 419 


Q. Now all of you Tlilingets over at Klawock, you are good Democrats, aren’t 
YOU? -A. AA ell, there are good Republicans and good Democrats among them. 

Q. You were all for Sulzer, weren’t you?—A, No, sir. 

Q. You were, weren’t you?—A. I was for Sulzer, sure, and I am not ashamed 
of it either. 

Q. And Hibbs was for Sulzer?—A. I don’t know who Hibbs was for. 

Q. He told you, didn’t he, that Sulzer was the right man?—A. No, he never 
told me that, sir. 

Q. He was very active in politics, wasn’t he?—A. No, he never talked about 
politics very much. 

Q. Didn’t he tell you to go and vote?—A. He asked us to go and vote, but he 
never told us who to vote for. 

Q. Hibbs asked all of these people living there on the reservation to go and 
vote, didn’t he?—A. Not all. 

Q. Not all?—A. No, sir, just those who could read and write. 

(). He asked everybody who could read and write to go and vote?—A. Yes, 
sir. 

Mr. Giugsby. You are referring to the last election, Mr. Rustgard, that Hibbs 
asked them to vote? 

Mr. Rustgard. Yes, I mean the election in the fall of 1918, November 5th. 

Q. That was November 5, 1918, that election?—A. l^es, sir. 

Q. Tiiat is the election Hibbs asked you all who could read and write to go 
and vote?—A. Yes, sir. 

Q. Do you know Edward Smith?—A. Yes, sir. 

Q. AAlio is he?—A. tie is a white man. 

(j. AA’hat is is his business?—A. AAliy, he works in the cannery. 

Q. He doesn’t live on the reservation?—A. Yes, sir. 

Q. He lives on the reservation?—A. Yes, sir. 

D. Is he married to a native woman?—A. To a half-breed girl. 

Q. How long has he lived on the reservation?—A. I don’t know. 

D- l>o you know Fred AVilliams?—A. Yes, sir. 

Q. AA'ho is he?—A. He is a Thlinget. 

(}. Does he live on the reservation?—A. He has been living there the last few 
years. 

Q. He lives there now?—A. Yes, sii*. 

(j. He lived on the reservation last fall?—A. Yes, sir. 

(j. And he lives there still?—A. Yes, sir; he is there yet. 

Q. Mrs. Charles ^y. Demmert, that is your brother’s wife, isn't it?—A. Yes, 
sir. 

Q Is she a Thlinget?—A. She is a half-breed. She came from Juneau. 

c}. She lives on the reservation?—A. They live in Klawock part of the time— 
not all the time. 

Q. Did they live in Klawock last fall?—A. Y'es, sir. 

Q. How long have they lived at Klawock?—A. They have lived at Klawock 
the last three or four years, I think. 

Q. And her husband is your brother?—A. Y'es, sir. 

Q. And Charles Brown, who is he?—A. He is an Indian. 

(}. Does he live on the reservation?—^xV. No ; he lives at Karheen. 

Q. Where is that?—xV. That is a cannery between Shakan and Klawock. 

Q. That is his home?—A. l"es, sir; he has been living tliere. 

Q. How much of the time does he live on the Klawock Reservation?—A. He 
■oomes in there occasionally. 

Q. He hasn’t got his home there?—A. I think he was talking about buying 
a home tliere. He may have a home there now for all I know. 

Q. Vj. E. Connelly, do you know him?—A. No; I don’t know him. 

Q. Do you know anybody by approximately that name?—A. No, sir. 

Q. Do you know Frank Paul?—xY. Yes, sir. 

Q. Who is he? 

Ylr. Hellenthal. We object to all this; it is not proper cross-examination. 

Q. Is he a native?—A. Yes, sir. 

Q. Is he a Thlinget?—xA. Yes, sir. 

Q. Living on the reservation?—A. He belongs to Killisnoo. 

Q. Is Killisnoo his home?—xA. Yes, sir. 

Q. Did he live on the reservation last fall?—A. Yes, sir; he did. 

Q. How long did he live there last fall?—xA. Why, I don’t know just how 
long he lived there, but he lived there a few months. 

Q. Do you know how long he had been there before election last fall?—A. 
AVhy, he fished there all summer. 


420 WICKERS HAM VS. SULZER, DE(R^ASEI), AKD GRIGSBY. 


Q. He lislied all i^iinimer and did he come to Klawock after tishiiig season?— 
A. Before tishin^i; season. 

Q. He tished at Klawock?—A. Yes, sir. 

(). He is a Tldinjcet?—A. Yes, sir. 

Q. Do .von know how those natives down there voted; who they voted for?— 
A. Xo, sii'. 

Q. 1 mean the last election; Xovemlter 5, IDIS.—A. No, sir; hut Watson 
was down there pretty strong for Wickershain. 

Q. Who?—A. “Nigger” Watson. 

Q. He doesn’t live at Klawock, does he?—A. Why, he was there quite a 
while before the election. 

Q. At Klawock?—A. Yes, sir. 

Q. Wlmt is he; a Thliiiget?—A. No, sir; he is a nigger. 

He is a tisherman?—A. He is a prosi)ec'tor; I think he is. 

Q. Now, it was a question between “ Nigger ” Watson and Hihhs as to who 
was going to carry the village, wasn’t it’?—A. I don’t know anything about 
that. 

Q. You don’t know anything about that?—A. No, sir. 

Q. Do you know anybody that voted for Wickershain’?—A. I don’t know 
anybody that voted for Wickershain, but I know quite a few of them was con¬ 
demning Mr. Sulzer on account of the fish hill, quite a few of the boys, hut I 
could not say who the.v voted for. In fact, I didn’t have time to talk to them 
and ask them who they voted for; I was too busy selling beans. 

Q. AVas that before or after election you hearil them talk about AAdckershani 
or Sulzer’s tish hill?—A. Before. 

Q. Are the Indians there Thlingets?—A. Yes, sir. 

Q. Now, how far is Klawock from Craig?—A. AA’hy, they claim it is about 
6 miles. 

Q. About G miles?—A. Yes, sir. In fact, they all claim it is about 6 
miles; I don’t know whether it is 5 or G. 

Q. Did you use your boat to take the boys over there with?—A. Charley took 
down the Winifred I) and Bob Peratovich went down with a bunch of boys. 
There were several boats that went down. 

Q. AA’ere there more than two boats running there?—A. There was no boat 
there that went there regular. The boys liked to run their own boats, so they 
took more than one boat. 

Q. Do you know how many of those natives from Klawock voted at 
Craig?—A. No, sir. 

Q. They went in their own boats, you say?—A. Yes, sir. 

Q. Did you have any Democratic sample ballots there? 

Mr. Hellenthau. Object to that as not proper cross-examination. 

A. Not in Klawock. 

Q. Didn’t you have them at the store?—A. No, sir. 

Q. You are sure of that?—A. I didn’t see any in our store; that is, not in 
the commercial store. 

Q. AA’ell, I mean Peratovich’s store?—A. I don’t know; I have got no time 
to go to Peratovich’.s. 

Q. He is a very good politician, isn’t he?—A. I think he is. 

Q. He had Sulzer sample ballots, didn’t he?—A. I don’t know anything 
about that; I could not tell you. 

Q. How far is Klawock from Sulzer?—A. AA'hy, it is over 50 miles, I should 
judge. 

Q. Did your wife vote there?—A. No, sir. 

Q. She didn’t vote?—A. No, sir; she has her family to look after; it took 
all her time to look after her family. 

Q. Charley voted?—A. Yes, sir. 

Q. And his wife voted?—A. Yes. sir. 

Q. Do you know how (’barley and his wife voted?—A. No, sir. 

Q. Didn’t they ever tell you how they voted?—A. No; they never told me 
who they voted for. 

Q. They never talked politics with you?—A. No, sir. 

Q. You voted for Mr. Sulzer?—A. Yes, sir; I voted for Mr. Sulzer. Charley 
had no time to talk to me who he voted for, and I had no time to talk to 
Charley, 

Q. You are quite sure you never talked to any of them there as to how 
they Amted?—A. No, sir; I didn’t. 

Mr. Kustgakd. That is all. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 421 

Redirect examination by Mr. Hellenthal: 

Q. itli leference to those persons whose names Mr. Riistgard has inquired 
from you about, are they all Alaska natives?—A. Yes, sir. 

Q. They have severed their tribal relations?—A. Yes, sir. 

Q. And have adoi)ted the habits of civilized life?—A. Yes, sir. 

Q. And they are living like white men?—A. Yes, sir. 

Q. Every one of them?—A. Yes, sir. 

Q. Can they alt read and write?—A. Not all, but when it comes down to 
civilized life, adopting the habits of civilized life, why my old grandfather 
is living a civilized life and he is about 100 years old now. 

Q. And those people in that list of names i read to you, they are all natives 
of Alaska also?—A. Yes, sir. 

Q. And they liave all adopted the habits of civilized life?—Yes, sir. 

Q. Do you know the Hydah Indians?—A. Yes, sir; I know the Hydah Indians. 

Q. At Hydaberg?—A. Yes, sir. 

Q. How are they with reference to having severed their tribal relations?— 
A. They all live a civilized life. 

Q. They are similar to the Thlingets?—A. Yes, sir. 

Q They have all severed their tribal relations?—A. Yes, sir. 

Q. And have no chief?—A. They have no chief. 

Q. And have foresaken all their native customs?—A. Yes, sir; they have 

even forsaken their old town and moved to a new place, started a new town. 

D. And built new houses?—A. Yes; built new houses altogether. 

Q. That is true of all the natives who live at Hydaberg?—A. Yes, sir. 

Q. They all live like white people?—A. Yes, sir. 

Q. Now, the services held in the church in your town in the evenings, in 
what language is that held?—A. In the evenings it is held in the English 
language. 

Q. And old people attend that church?—A. Y^es, sir. 

Q. And in your homes do you speak the English language?—A. Yes, sir; 
most of the time. 

Q. You sometimes speak the native language, but generally you speak the 
English language, is that true?—A. Yes, sir. 

Q. That is true of all the natives living at Hydaberg and Klawock?—A. 
Yes, sir. 

Q. And when you do business in the stoi-e do you speak English?—A. I speak 
English to the majority of the people, but of course there are a few—take 
the old people who come in—who don’t speak English good; I don’t speak 
English to them. 

Q. Those are the older people; but the young people speak English?—A. Yes; 
all the young natives; they all speak PInglish. 

Q. Now, you have been asked about the Klawock Reservation. Does the 
Goveimment have any Indian agent over there?—A. I don’t know of any 
Indian agent there. 

Q. Is there anyone who exercises any supervision over the natives?— 
A. No, sir. 

Are the Indians obliged to remain on the Klawock Reservation, or can 
they go where they please?—A. They can go on their own will. 

Q. They can go any place they want to?—A. Yes; they can go any place 
they want to. 

Q. They are not restricted in any way?—A. No, sir. 

Q. All the reservation amounts to is that the land is ^et aside for the 
Indians?—A. Yes, sir. 

Q. Does the reservation go any further in any respect?—A. Not from the 
way I understand it. 

Q. Is there any other kind of reservation there except the reservation of 
land for the use of the Indians?—A. No; and I understand Hydaburg is 
about the same; the land is set aside for the natives there. 

Q. The land is simply set aside for the Indians in Hydaburg and Klawock?— 
A. Yes, sir; and also at Metlakatla. 

Q. There is no restriction made at all by the Government?—A. No, sir. 

Q. You have no rules or regulations formulated by the department?—A. 
No; not from the Government. 

Q. The only laws you have are the general laws of the United States that 
everyone else have?—A. Y"es, sir. 

Mr. VViCKEKSHAM. And that special Territorial law. 


422 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


]\Ir. Hellenthal. We now offer the Executive order of April 21. 
that it mav he in evidence, and ask that it he marked “ Contestee s Exhibit 
No. 2.” 

Q. Does the Government in anywise assist any of the Indians down there 
except to maintain the schools?—A. .Inst to maintain the schools. 

Q. That is all the assistance the Indians .2:et from the Government? A. 
Yes, sir. 

Q. They are all in every wise self-supporting?—A. Yes, sir. 

]\Ir. Hellp:thal. That is all. 

Ilecross-examination by INIr. RusTGAia): 

Q. Yon spoke .ahont there being a Presbyterian Church at Klawock?—A, 
Yes, sir. 

Q. Who supports that chnrch?—A. The P>oard of Home INIission. 

Q. The Board of Home :Mission of the I*resl)yterian Chnrch?—A. Yes, sir. 

Q. The people at Klawock do not snpi)ort the chnrch?—A. They help to 
support the chnrch. 

Q. To what extent?—A. Well, in the spring they generally take np so mnch; 
I don’t know just how mnch ; anywa.v, not very much, I nnderstand, to help 
on the work. 

Q. How do they take that np?—A. They jnst take that np among the- 
members of the chnrch. 

Q. They take np a collection?—A. Yes, sir. 

Q. And that is in the spring?—A. But they take np a collection every week, 
too, to help on the work in the chnrch, for lights, and so forth, and the Avood,. 
ami things like that; they take np a collection for that every Sunday. 

Q. Now, come to the Hydah Reservation. Yon are a(‘qnainted with that 
reservation, are yon?—A. Well, I have been down there a few times. 

Q. And this is another race of Indians that live there?—A. Yes, sir. 

Q. They are the Hydah Indians?—A. Y>s, sir. 

Q. They speak a different language from the Thlingets?—A. Yes, sir. 

Q. And do the Thlingets and the Hydahs nnderstand each other when eack 
speaks his own language?—A. Some of them. 

Q. Some of them speak both languages?—A. Yes, .sir; most of them do. 

Q. Host of them speak both languages?—A. Yes, sir. 

Q. But they are two different languages?—A. Yes, sir. 

Q. And two different races of people?—A. Yes, sir. 

Q. Now, the Hydahs are a new race of Indians that came into Alaska in- 
later years?—A. I don’t know anything ahont that. 

Q. That was before yonr day?—A. A"es, sir; I am not old enough for that. 

Q. How many Hydahs live over at Elydabnrg?—A. I don’t know. 

Q. Now, Hydahnrg is on this reservation created by the Executive order 
of .Time 19, 1912. I will ask yon to look at the map attached to that Executive 
order. That map shows the place where Hydahnrg is located, doesn’t it? 
[Witness examines map.]—A. Yes, sir. 

Q. And that is located on the Hydah Indian Reservation, isn’t it?—A. Ye,s, sir. 

Q. Do yon knoiv how long that reservation has been created as such?—A.. 
No, sir. 

Q. That was created as an Indian re.servation before yon became acquainted 
with it?—A. I knew the Hydahs a good many years, when they used to live in 
Hawkan and another town by the name of Klinqnan, and I think they went 
to Hydahnrg to ff-)rsake all the old customs and to have the people come to 
one town. I nnderstand they made arrangements for the peojile to leaAe 
their towns and to take np new land altogether. 

Q. Now, then, the Government, through the Bureau of Education, had a man 
to take charge of that work down there?—A. Why, I understand there is a 
school principal there; one of the teachers. 

Q. He had charge of starting that town, didn’t he?—A. I don’t know a thing: 
ahont that; I wasn’t in the town at the time when it was started. 

Q. Yon know as a matter of fact the Government school teacher was super¬ 
vising the work of starting the Indians out in that new town?—A. I don’t 
think so. 

Q. Yon don’t think so?—A. No, sir. 

Q. How far is Hydahnrg from Snlzer?—A. Well, I don’t know; I don’t know 
jnst how far it is from Snlzer. 

Q. Now, there at Hydahnrg they have also a town go\"ernment under this; 
law of the Territory of Ala.ska, allowing the natives to run their own town 
government?—A. They have. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 42S 


Q, They elect 12 members for the council, all the natives, men and women, 
voting?—A. Yes, sir. 

^Ir. IlusTAKi). I olfer this Executive order of June 19th, 1912, creating the 
Hydra Reservation, in evidence, and ask that it he marked “ Contestant’s Ex¬ 
hibit F ■’ and made a part of this deposition. 

Hr. Hellenthal. The only objection 1 wish to make to that offer is that it is 
immaterial in that the order does not create an Indian reservation, but merely 
reserves certain lands for the use of the Indians. The reservation so created 
is in no sense an Indian reservation. The Indians living there do not live on a 
reservation in the sense that that term is ordinarily understood. 

(}. Now, Hr. Demmert, there is another question I want to ask you about 
Klawock. Have you got any streets there in the town of Klawock?—A. Yes,, 
sir. 

i}. Streets that wagons can go over?—A. Why, I think so. 

Q. Now, where is the street running there?—A. It is just one long street that 
runs along the water front. 

Q. Is that l)uilt out of boards?—A. l>s, sir. 

Q. How wide is it?—A. Twelve feet, I think it is. 

Q. Twelve feet wide?—A. Yes, sir. 

(y How long is that street?—A. I coidd not say just how long the street Is,, 
but it is a good long walk. 

Q. Well, can not you tell pretty near how long it is?—A. Well, with all the^ 
turns it must he about half a mile. 

Q. And it is 12 feet wide all that way?—A. Well, it is about 12 feet in the- 
princii)al part of the town and then there is another walk runs into another 
place that is not 12 feet, I think it is from G to 8 feet wide. 

(y Now, how long is it where it is 12 feet wide?—A. A quarter of a mile,. 
I think. 

Q. And then it is a quarter of a mile where it is much narrower?—A. Yes; 
about G or 8 feet. 

Q. iMade out of boards?—A. Yes, sir. 

Q. And up from the ground?—A. Y^es, sir. 

(j. On trestles; how high from the ground?—A. In places on the ground 
and other places about 10 or 12 feet high. 

Q. Right on the water front?—A. Y"es, sir. 

Q. That is the only street there is?—A. Y'es, sir. 

Hr. Rustgakd. That is all. 

Re-redirect examination by Hr. Hellenthal: 

Q. Is that a planked street in Klawock?—A. Y"es, sii\ 

Q. It is built exactly the same as the planked streets in Juneau are built?—- 
A. Y'es, sir. 

Q, Just the same as the main street in Juneau?—A. Yes, sir. 

Q. And the main street in Klawock, in fact, is built the same as the main, 
.streets in all Alaskan towns are built?—A. Yes, sir. 

Q. All planked streets?—A. Y"es, sir. 

Q. The same kind of streets?—A. Yes, sir. 

Q, The Presb.vterian Board of Home Mission to wldcli you refer is the 
body that, in part at least, supports the church at Klawock. Is that the same- 
Presbyterian Board of Home Mission that in part supports the white church 
at Juneau?—A. I think it is; they all go to one meeting, the ministers do, 

Q. And the.v contriliute also to the white church and your own?—A. I think 
so; I am not sure about that. 

Hr. Hellenthal. That is all. 

Hr. Rustgaeu. I offer in evidence, in connection with the cross-examination 
of the last witness, chapter 11, approved April 21-, 1915, of the Session Laws 
of the Territory of Alaska for 1915, and also chaiiter 25 of the Session Laws 
of the Territory of Alaska for 1917, and ask that they be marked “ Contestant's^ 
Exhibits G and H,” respectively, and made a part hereof. 

George Demmert. 

Whereupon the further taking of testimony was adjourned until Wednesday,, 
the 1st day of October, 1919, at 11 o’clock a. m. of said day. 

Now, on this 1st day of October, 1919, at 11 o’clock a. m., all parties being: 
present, the following proceedings were had and testimony taken, pursuant, 
to adjournment: 


424 


WICKERS HAM VS. SULZER, DECEASED, AKD GRIGSBY. 


DEPOSITION OF DAVID WAGGONEE. 

DAVID WAGGONER, u witness produced for and on behalf of the contestee, 
being first duly sworn by the notary to tell the truth, the whole truth, and 
nothing but the truth, tesitied as follows: 

Direct examination by IMr. Hellenthal: 

Q. State your name?—A. David Waggoner. 

What is your profession, Mr. Waggoner?—A. A minister. 

Q. AVhere do you reside?—A. At Juneau, Alaska. 

Q. How long have you resided here?—A. Five years. 

Q. Where did you reside prior to coming to Juneau?—A. At Klawock, Alaska. 

Q. How long (lid you reside at Klawock?—A. Oh. a little over 18 years. 

(^). You have been in Alaska, then, all told, about 18 years?—A. A little over 
18 years. 

Q. During all that time you have followed the profession of a minister?—A. 
Yes, sir. 

Q. Have you followed the profession of a minister during all that time?—A. 
Yes, sir. 

Q. Are you accpiainted with the Alaska native Indians residing at Klawock? 
A. Yes, sir. 

Q. And those residing at Hydaburg?—A. Y>s, sir; most of them, I suppose; 
not all of them. 

(}. I )o you kno\A' the following-named persons: George Demmert- 

IMr. Rustgakd. I now object to any evidence as to the condition of life of 
the Indians on either the Klawock or Hydah Reservations for the reason that 
they live on reservations and it is immaterial as to what their condition of 
life is ; they would still, under the law, not be American citizens and would 
not be (entitled to vote, it having been shown that they are, so far, wards of 
the Government. 

Mr. Hellenthal. In connection with the objection just made I wish to say 
that Klawock is not on a reservation, but is on a tract of land withdrawn from 
entry by a general pi’oclamation in much the same way and to the same effect 
that forestries are withdrawn, and that that is all there is to the Indian 
reservation; that the Indians reside here as they do elsewhere, without any 
restriction. 

A. Yes, sir. 

Q. AVilliam Stewart?—A. Yes, sir. 

Q. R. J. Peratovich?—A. I do. 

Q. J. K. Williams?—A. I do. 

Q. Thaddous Isaacs?—A. Yes, sir. 

C'. L. !•. Wilson?—A. Yes, sir. 

Q. Jack J. Peratovich?—A. Yes, sir. 

Tecumpsa Collins?—A. Yes. sir. 

Q. Charles W. Demmert?—A! Yes, sir. 

Q. Sam Gunyah?—A. Yes, sir, 

Q. Sam Davis?—A. YYs, sir, 

Q. Lee Anniesket?—A. I do. 

Q. IMaxfield Datlin?—A. Yes, sir. 

Q. .Johnnie W. Anniskett?—A. Yes. sir. 

Q. Clyde Fields?—A. Yes, sir. 

Q. Arthur .Tames?—A. Yes, sir. 

Q. .Tohn Wilson?—A. I do. 

Q. Frank Williams?—A. I do. 

Q. R. D. Collins?—A. I do. 

Q. And Peter Anniesket?—:A, I do, 

Q. All these persons reside at Klawock?—A. To the best of my knowledge; 
they were there the last time I was there. 

Q. They are all native Alaska Indians?—A. Yes, sir; they are. 

Mr. Rustgaed. IMay I ask a (luestion here to clear up one situation? Do you 
■agree that the men whose names you have just called voted at Craig Precinct, 
November .5, 1918? 

IMr. Hellentiiall. I don’t know. 

Mr, Rustgaed. Then, I object to any further investigation as to these men, as 
it is entirely immaterial if they did not vote. 

Mr. Geigshy. It is in evidence that they did vote. We will agree that these 
are the identical persons referred to in the testimony of Harry Willard, the 
Avitness on behalf of contestant. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 425 

C). Ihese are the same natives concerning whom George Demmert testified 
yesterday?—A. Yes, sir. 

(y Yon were liere and heard liis testimony?—A. T heard liis testimony; yes, 
sir. 

Q. How long liave yon known these natives. Mr. Waggoner?—A. Well, I have 
known some of them since the lOth of August, 1901, and I gradually became 
ac(inainted with all of them since that date. 

Q. 'ion have known them all for some years, then?—A. Some years; yes, sir. 

cy Do yon know what, if anything, these natives have done in the way of 
^severing their tribal relations? 

Mr. Kustgari). I object to tliat as immaterial and calling for a conclusion. 

Mr. Grigsry. Does he know, is the (inestion. 

A. They have what we as missionaries generally call severing their tribal 
relations, ami according to that stamlaril these people have severed their 
tribal relations. 

Q. .Tnst a minute—the question I asked yon was whether yon knew?— 
A. According to onr standard, I do. 

Q. Do yon know; answer yes or no.—A. Yes, sir. 

Cy Now, what have they done in the way of severing their tribal relations? 

Mr. ItrsTGARi). I object to that as calling for a conclusion. Witness has 
already stated that he bases his jnd.Lnnent on the standard accepted and fixed 
by the missionaries, which may not be the standard fixed by law. 

Mr. (iRiGSMY. Now. the (jnestion is: What tliey have done in the way of sever¬ 
ing their tribal rehitions? 

A. They ai’e not under the control of a family head or chief or clan head or 
any family head ; they have separate homes; they handle their wealth accumu¬ 
lated as a family and not as a clan ; they have adopted the American inheritance 
law; they are adopting and have adopted—these special men—the Christian 
marriage relations—the civil—and tlieir homes are not community homes; and 
they are raising their children as we would, as civilized peoeple would raise 
their children. 

ty Have they any chief, Mr. Waggoner?—A. Not that I know of. 

(y M’ell. you would know if they had one?—A. I haven’t seen a chief in 
Klawock in these 18 years. - 

Q. If they had a chief there, you would kno\V it?—A. If they had a chief 
that controlled the village I would know it. 

Q. Do any of these men whose names have been read to you obey or follow 
the dictates of any chief or any other Indian officer other than those authorized 
under the laws of the United States to make civil laws?—A, Not as being 
a command. They may follow the suggestions or advice of those who are 
related to them, but they do not obey as a command, but only from their own 
judgment when they think it best to follow that advice. 

Q. You don’t understand my question.—A. I mean to say, us a matter of 
authority. 

Q. I mean, in a governmental way.—A. No, sir. 

Q. What you mean to say, IMr. AVaggoner, is that they will take the advice 
of others, just as a white man will take the advice of others?—A. Yes. sir, 

Q. But I am asking you whether they are under the authority of any chief or 
any other Indian official in a governmental way?—A, That is what I said; 
they are not. 

Q. There is no government, then, at Klawock other than the Territorial?—A. 
Yes, sir; that is the Federal Government. 

Q. Now, what have those Indians done in the way of adopting the habits 
of civilized life?—A. The things I have ju.st enumerated. 

Q. They have abandoned the tribal customs with relation to marriage and 
inheritance, and those things?—A, Yes, sir; and building their homes. 

Q. They build themselves homes?—A. Yes, sir. 

Q. Is tiieir mode of life any different from that of a white man under similar 
circumstances; I mean a white man who is similarly situated and follows the 
same occupation?—A. I would say not. 

Q. Gan these men all read and write the English language?—A. I don’t think 
th(\v all can read and write, but they all speak English so that I can carry on 
an intelligent conversation with all of them. 

Q. Gan the larger majority of them read and write?—A. Yes, sir; the larger 
majoritv can. 

Q. You were connected, at Klawock, with the Presbyterian Mission, I be¬ 
lieve?—A. I was. 


426 


WK’KERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. And tho I'resbyterian Board of Home Missions maintained a elinrcli 
there?—A. They paid the salary of the missionary, hnt the other expenses of 
tlie chnrch there were all i)aid hy the people there, themselves. 

By the native peojtle?—A. By the native orjjanization. 

Q. And the manner of maintainini; the chnrch there is similar to the maimer 
in which the I’reshyterian white chnrch is maintained in the city of Juneau?—• 
A, That is on the basis of all Presbyterian churches throiujliont the States. 

Q. The white chnrch in the city of Juneau has been maintained in part liy the 
Board of Plome Missions for many years, has it not?—A. Yes, sir. 

Q. And is similarly maintained?—A. I think a portion of it is not. 

Q. The iteople of .Juneau contribute a portion of the exjienses of keepini? up 
the church and the Presbyterian Board of Home Mission contributes the bal¬ 
ance?—A. Yes. sir. 

Q. And that is also true of Klaw(K‘k?—A. Yes. sir. 

Q. Now, what is the situation at Hydaburjr: what is the condition of the 
natives at Hydabur^ as compared to what it is at Klawock?—A. Similar. 

Q. The Indians residiiifi; at Hydaburg live under similar conditions as those 
of Klawock?—A. YVs, sir. 

Q. What have they done in the way of severing their tribal relations, if any¬ 
thing?—A. The first thing was to abandon all land where there could possibly 
be a chief, and then to build them homes, to observe the marriage laws and in¬ 
heritance laws of the Pnited States, and to attend to business and other things 
that are similar to any citizen of the Ignited States. 

Q. Now what do these Indians do regarding oliserving the laws of the 
United States other than the marriage and inlieritance laws?—A. They ob¬ 
serve all the laws the same as any other citizen. 

Q. Y’ou mean these especially because under the tribal custom they had 
special laws upon the subject?—A. Yes; I mentioued those because as 1 under¬ 
stand it the laws of 1887 T think it is, that those are things that are consid¬ 
ered as abandoning tribal relations and so we have, as workers here among 
the people, considered those things as essential and always speak of them 
as essential. 

Q. The Indians formerly had laws or customs governing those subjects?— 
A. They did. 

Q. And these have been entirely abandoned?—A. Y^es; these have been en¬ 
tirely abandaned. 

(p I>o they observe any other Indian customs or laws that you know of, or 
have they abandoned them all?—A. None that I know of that woidd be in 
conflict with any civilized idea. Any I'ace of people have certain customs or 
traits that are peculiar to tlieir race but which in no way conflict with what 
you call civilized customs. 

Q. I am distinguishing between racial traits and laws. We have our racial 
traits the same as the American Indians or the Dutch, or the Swedes. They 
have no customs that are looked upon as laws or rules of conduct, is what I 
mean.—A. No; they have not; sim[)ly those of our own country. 

Q. Now, Mr. Waggoner, with reference to these reservations at Klawock and 
Hydaburg, do you know what, if any, supervision the Government exei’cises 
over the Indians that reside at those i)laces?—A. I don’t know of any super¬ 
vision they liave over the people as a people. 

Q. None whatever?—A. None whatever. 

Q. There is no Indian agent at either place?—A. No, sir. 

(p Are the Indians obliged or asked to remain upon these ti-acts that are 
reserved?—A. No, sir. 

(). What do they do in the way of going and coming?—A. They are per¬ 
fectly free. 

{}. And has there ever been any indication of an Indian reservation there, 
at either of those places, in the sense that that term “Indian reservation” 
is generally understood in tRe States?—A. Not as I have understood it Ri 
the States. 

That is, do these people living at Klawock and Hydaburg live under con¬ 
ditions at all similar to those that the Indians live under upon reservations in 
the States?—A. None tliat I have ever seen or observed on any of the reserva¬ 
tions that I have ever visited in the States. 

Q. Y^ou have been on reservations in the States?—A. I have. 

Q. These lands reserved l)y Presidential proclamation have not been set 
aside upon an inclosure in which Indians are kept?—A. No, sir. 


WICKERSHAM VS. SULEER, DECEASED, AND GRIGSBY. 427 

Q. They are simply withdrawn as public land from entry?—A. Yes, sir. 

Q. Now, do yon know the Indians who reside at Juneau?—A. INhxst of them. 

Q. You know them and have observed them in connection witli your mission¬ 
ary work?—A. Those that have.l)een in connection with our Presbyterian Mis¬ 
sion here. 

Q. And the same is true of the Indians residing at Douglas Island?—A. Yes, 
sir. 

(}. You are also minister to them?—A. A"es, sir. 

Q. Do you know the following-named Indians residing at .Tuneau : George 
:Martin?—A. Yes, sir. 

Q. Albert Samuels?—A. Yes, sir. 

Q. Herbert IMartin?—A. Yes, sir. 

Q. Billy IMartin?—A. Y^es, sir. 

Q. Tilly Martin?—A. Y^es, sir. 

Q. Pete Smith?—A. Y'es, sir. 

Q. Frank Peters?—A. Y"es. sir. 

(}. 'Willie Peters?—A. I am not sure about him. I may know him, but I don’t 
know him by that name. 

Q. Francis .Joseph?—A. I don’t know him by that name, either. 

Q. Charley Gray?—A. Y'es, sir. 

Q. George Howard?^—A. Y"es, sir. 

Q. .Tack Gamble?—A. Y"es. sir. 

Q. Charlie Robb?—A. Y>s, sir. 

Q. .Jimmie Hanson?—A. I don’t know him by that name. 

Q. George Gamble?—A. I think I know him; I am not sure; I can not recall 
his face. 

Q. Charlie Peters?—A. J don’t know the name. 

O. James Yliller?—A. I know him. 

Q. .Jacob Harris?—A. Y>s, sir. 

O. .John Harris?—A. Y>s, sir; J know a .John Harris. 

O. Harry Anderson?—A. I don’t know him. 

O. And Charlie Gamble?—A. I nm not sure about him. 

Q. Now. Ylr. 'Waggoner, with reference to those natives whose names have 
.lust been read to you and with whom you are acquainted, do you know what 
they have done in the way of severing their tribal relations? .Just answer the 
quei^tion yes or no.—A. Y'es; I know some of the boys who have done that. 

Q. Now. what have they done in the way of severing their tribal relations?— 
A. Thosn thnt I know have homes of their own and have observed the marriage 
laws of the United States and are attempting to lead a civilized life. 

Q. The question is, do they observe nny tribal relations?—A. Not that I know 
of, unless it‘should he an inheritance law. I do not know some of these 
intimately, because they have not been all the time in .Juneau since J have 
been here. The natives are in and out here more than in any other village in 
southeastern Alaska. 

Q. Do they obey any chief?—A. They do not. 

O. Have they any chief?—A. They have not. 

Q. Have they any tribal house?—A. They have not. 

Q. Have they any form of tribal government whatsoever?—A. They have 
not that J know of. 

Q. Y‘ou would know it, wouldn’t you, if they had?—A. J think J would. 

Q. Now, what have these natives done in the way of adopting the habits of 
civilized life? Have they adopted the habits of civilized life?—A. They observe 
th,e marriage laws, they are building themselves little homes, and they are 
raising their families and educating them in the schools here. 

O. 'What kind of houses do they live in?—A. These natives live in houses of 
medium size, furnished like the furnishings of an ordinary workingman’s home; 
they have stoves, chairs, tables, etc. 

Q. How do they make a living?—A. They work as fishermen or miners or 
day laborers. Some of them are boat builders. 

Q. Are any of them skilled workmen?—A. We would say they were. They 
are not common day laborers. Those that work in the mines are not what we 
would sa.v “ muckers ”; they do drilling, and some of them have even taken 
contracts for drifting in the tunnels. 

Q. Do you know the following natives residing on Douglas Island: Jimmie 
Fox?—A. J do. 

Q. William Brady?—A. J do. 


423 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


' Q. Daniel .T()sei)lisV—A. I do. 

Q. Gill)ert .Taek.^oii?—A. I don’t know him. 

Q. .Jolin WillisV—A. T don’t know him. 

Q. Edward INIarsliallV—A. 1 do. 

Q. Heni*y Stephens V —A. I do. * 

D. .Jolin Harris?—A. I am not sure whetlier this .lolm Harris is the .John 
Harris that lives in Juneau or not. 

Q. Now, do you know what the.se natives have done in the way of severing 
their tribal relations, whether they observe any tribal relations?—A. I do. 

(h Do they ol)serve any sueh relations?—A. I don't think tliey do. 

Q. Have tliey any chief?—A. They have no chief. 

Q. There is no chief on Douglas Island?—A. None that I have ever seen; 
that is, having control of the place. 

Q. Do they have any tribal laws that the.se men obey?—A. I don’t know of 
any. 

Q. Do they have any tribal house?—A. They have not. 

Q. Is there any tribal government over there at all on Douglas Island?— 
A. There is not. 

Q. And never has been as long as you have been in the country?—A. No, sir; 
not to my knowledge. 

Q. If there had been you would have known it?—A. Within the last live years 
I would have known it. 

Q. Now, wliat have these men done who.se names I have read to you in the 
way of adopting the habits of civilized life?—A. They live similar to these other 
men in Juneau. They have their own homes, run their own business, observe 
the marriage laws, adopted our marriage laws and inheritance laws. 

Q. Are their habits of life any different from those of white men under 
similar circumstances?—A. They are the same as the other residents, the same 
as the white people living there in the same neighl)orhood. 

Q. Their lauises are furnished the same as the homes of white men?— 
A. Under the same circumstances; yes, sir. 

Q. And how do they make a living, Hr. Waggoner?—A. Most of those, I 
think, are tishing most of the year; .some of them part of the year work in the 
mines at Treadwell. 

(h Are any (ff them skilled workmen that you know of Mr. AVaggoner?—■ 
A. I can not say that I know personally that they are skilled workmen for I 
do not know ju.st what jobs they have been holding in the Treadwell mines. 

Q. Now, returning to the naitves of Klawock and Hydaburg. Do you know 
whether there are any skilled w(n*kmen or mechanics among them?—A. I do, 

Q. What would you say as to that, Mr. Waggoner, referring to those tirst of 
Klawock?—A. Well, there are men there among that list who are boat builders 
and build boats of exceptional value and men are employed to cun the boats 
of the canneries, both as engineei's and captains. 

Q. And do they have men of that type at Hydaburg also?—A. They do. They 
are also carpenters—house car])enters—among them who draw good wages. 

Q. Referring now to the natives of Klawock. What if anything, have some 
of these natives (haie in the way of ac(iuiring military education, that you know 
of? Do any of them hold any position with the United States Government, 
do they hold any commission under the Govei-nment?—A. I do not know 
whether they hold coinmi^sions among the.'le people at Klawock. but they have 
been in the .servi.'^e of the country both in the Navy and Army. One of the 
Klawock boys is still in France. 

Q. He is still in France?—A. Yes, sir. 

(}. Now with reference to Hydaburg, what do you know about that?—A. I 
don't recall any of the boys at Hydaburg who are in the service. There may 
be, but I don’t know. 

Q. Wasn’t one of those natives a commissioned officer in the United States 
Army some thre(' years ago?—A. Not that I recall now. 

Q. Wasn’t his name Taylor?—A. He is not a Klawock boy; he is from 
Wi'angell. 

Q. He belongs to tbal same class of natives, however?—A. His people came 
from Klawock. 

Q. His people came from Klawock?—A. Yes, sir; but he has never lived 
in Klawock to my knowledge. 

Q. His people came from Klawock, but moved to Wrangell?—A. Yes, sir. 

Q. He was a commissioned officer, wasn’t he? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 429 


]\Ir, UrsTGAKi). Object to that as immaterial. He is not one of the voters 
and we admit he took ni) his rt'sidence separate and apart from the tril <; if 
lie is in France, 

Q. Do yon kjiow Charley Cutter?—A. Yes, sir. 

]\Ir. KusTGAim. I object to that because he is not one of the voters. 

(y Where is he from?—A. He was horn, I think he was horn in Juneau. 
His mother was from Klawock. 

Q. He heloii.![>s to these Klawock Indiens?—A. Yes, sir. 

Q. What, if any, service did he perform for the (Jovernment during the 
late war? 

^Ir. HrsT(iARD. Object to that as immaterial because he is not one of the 
voters complained of nor is he a resident of that reservation. 

Mr. Hellentiial. We are offei’inj; this testimony because this man belonged 
to the same tribe of Indians originally, and originally lived in the same com¬ 
munity and was raised under the same conditions under which the others 
were brought up. 

A. Mr. Cutter's name appeared in the Dalles News of ]May, 1917, I can not 
give the exact date of the month. I saw his picture where he was recruiting 
for the Fnited States Government in one of the streets in New York City, I 
think Park Uow. I also saw his picture again which was the same as that 
in the Dalles News, in the Poi)ular Machanics of June, 1917. He goes there 
by the name of Chief Eagle Horse, which is the name he took as his stage 
name. 

(y He was engaged in rec'ruiting in New York City?—A. He was soliciting 
men thei*e on the street or in the park, getting men for enlistment. 

Q. Instiaicting the inhabitants of tbe most popular city of the United 
States with reference t(> their duties as citizens?—A. I suppose we will have 
to admit it is the most ])opular city. 

(}. I hand you a copy of a newspapei’. State whether you are familiar 
with that paper. [Hands paper to witness.]—A, I have seen this before— 
coi)ies of it. 

Q. Where is that published?—A. Pun^orted to be published in Hydaburg. 

Q, Is that published by the natives there?—A. Well, I do not know from per¬ 
sonal knowledge, but I have reason to believe that it is. 

Q. That publication was started since you left Hydaburg and Klawock,. 
then?—A. Yes, sir. 

Q. Do you know the names of the natives whose names appear in the edi¬ 
torial line there?—A. Nearly all of them, 

Q. Are any of them whites?^—A. The consulting teacher is all that I know to 
be white. 

Q. The rest are all natives?—A. The rest are all natives; yes, sir. 

Mr. Hellenthal. We offer this paper in evidence as an exhibit, and ask to 
have it marked “Exhibit No. 3’’ and made a part of this deposition. 

(Paper marked “ Contestee’s lOxhibit No. 3 by the notary and made a part 
of this deposition.) 

Mr. Hellenthal. That is all, 

Cros.s-examination by INIr. Rustgakd : 

Q. Mr, Waggoner, as the I’resbyterian minister, you have been interested in 
advancing the civilization of these natives?—A. I have. 

Q. And in that respect you are working in cooperation with the United States 
Bureau of Plducation?—A. I am. 

Q. You have kept yourself informed since you came to Alaska on the laws 
of the United States touching the education and advancement of the natives?— 
A. As far as I am able. 

Q. Now, you understand that originally by the act of INIay 17, 1884, what has 
been referred to frequentl.v as the organic act creating civil government for 
Alaska, it was provided “ that the Secretary of the Interior shall make the 
needful and proper provisions for the education of the children of school age in 
the Territory of Alaska, without reference to race, until such time as permanent 
provision shall be made for the same,” and then at that time an appropriation 
was made for that purpose—an appropriation was made annually by Congress 
after that until the laws were changed?—A. That is my understanding of it. 

Q. Now, you are also familiar with the law known as the Nelson Act?—A. A 
little. 

Q. This is an act of January 27, 1905, providing for the maintenance of 
schools for white children and children of mixed blood in the various settle¬ 
ments of Alaska?—A. Outside of incorporated towns; yes, sir. 


430 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Now, under that so-called Nelson Act, the people of the various school 
districts elect their own school trustees?—A. Yes, sir. 

Q. That is correct, isn’t it?—A. Yes, sir. 

Q. That is, the electors elect three trustees to take charge of the schools?— 
A. Who act as a school hoard; yes, sir. 

Q. And they choose the teacher?—A. That is the way I understand it. 

Q. Now, then, you have had no such .school under the Nelson Act either at 
Klawock or Hydaberg have you?—A. No, sir. 

Q. Now, the school at each of those places is maintained by the Bureau of 
Education?—A. Yes, sir. 

Q. And it is maintained by funds provided by Congress from time to time for 
that purpose?—A. Y^es, sir. 

Q. Now, those schools maintained at Klawock and Hydaburg are maintained 
under that provision of the Nelson Act which reads as follows: “The education 
of the Eskimos and Indians in the district of Alaska shall remain under the 
direction and control of the Secretary of the Interior,” and to be supported by 
annual appropriations of Congress?—A. Yes, sir. 

Q. Now, it is under that provision that the schools at those two places are 
maintained, and it is under that provision that the school is maintained in Auk 
Village in Juneau?—A. Yes, sir. 

Q. And abso it is under the same provision that the school is maintained in 
Indian Town in Douglas?—A. Y^es, sir. 

Q. Now, you are familiar with the proclamation of the President, setting 
aside the Klawock and the Hydah Reservations? You have read tho.se procla- 
cations?—A. I have seen them. 

Q. And you are familiar with the endeavor on the part of the Bureau of 
Education to have those proclamations issued?—A. I ; m. 

Q. And you cooperated with the officers of the Bureau of Education to that 
end?—A. In connection with the Klawock Reservation. Tlia otlier was done 
purely through the representatives in Hydaburg. 

Q. The Hydaburg Reservation, w’as that .sol: aside after you came to 
Juneau?—A. Oh, no. 

Q. Before you came. But you were in Klawock at that time?—A. I had 
direct intere.st in the Klawock Reservation, but not in tlie Hydab Reservation, 
because the Bureau of Education had a male representative at Hydaburg, but 
not a male representative in Klawock. 

Q. At that time the Bureau of Education had no representative at Klawock?—■ 
A. No male representative. 

Q. So that in that transaction you represented the Bureau of Education?—A. 
A"es, sir. 

(). Now what was the piu'pose of creating that reservation at Klawock?— 
A. The purpose was to give the natives a chance for development which they 
were prevented by the encroachment of whites over w-hich we had no au¬ 
thority. We had tried in the courts, the commissioner’s courts to keep certain 
elements under control; drunkenness, preventing booze from coming there, 
certain white men came there and living without marriage in the village and 
w^ere getting control of native property through hook and crook and bringing 
all the evil influences there that we. as teachers and missionaries w'ere trying 
to overcome, and at that particular time there was a plan on foot to establish 
a store that would prevent any native almost from trying to do business in 
the village. And it was for these immediate reasons that we asked the Secre¬ 
tary of the Interior, through the Bureau of Education, to do something for us. 

Q. Now, then, briefly stated, the purpo.se and object of that reservation was 
to give the missionaries, through the Bureau of Education, or the Bureau of 
Education through the aid of the missionaries, an opportunity to keep white 
people away from it?-—A. I didn’t so state it. It was to help the people them¬ 
selves to keep the white people out, for we had, in all those 18 years, planned 
to let the people have control of that village. 

Q. To let the Indians have control?—A. Yes, sir; the Indians. 

Q. Until you got this Indian town law of 1915 enacted by the legislature, 
chapter 11, Session Laws of 1915, did you have any means of giving the natives 
an opportunity to keep the white people away from there?—A. No legal means. 
For that reason I was one of the ones to go before the committee of the house 
here to get that law made. We had no legal means. We had an organization 
but really no legal means. 

Q. Now, then, that law, chapter 11 of the Session Laws of Alaska, for 1915, 
that law you are familiar with?—A. Yes, sir. 


WICKERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 431 


i}. That was; enacted at the instance and request or sngsc'Stion of the 
Bureau of Education and the missionaries to give the Indians an opi)ortunity 
to form some government of their own, in order to control the inhabitants on 
the reservation?—A. The missionaries, the Bureau of Education, and the 
Indians united in that effort. Of course the missionaries and the Bureau of 
Education had more access to the committee of the House which brought this 
bill about. 

Q. And that was for the purpose of giving the Indians themselves legal 
means for Citntrolling their own .settlements which the other laws did not afford 
them?—A. Yes, sir. 

Q. Now at the time that that law was enacted it was not the intent to give 
the Indians any jurisdiction over the white i^eoide in tho.se towns?—A. There 
lias been a dispute on that matter. It seems in the tirst place that the council 
would be elected and would have jurisdiction over all who lived in that town 
but I understand that people came there afterwards and the House of 1917 
tried to adjust that because of the objection of the whites living on certain 
town sites. 

Q. You now refer to the amendment to the law of 1915 by chapter 25 of the 
I.aws of the Territory of Alaska for 1917?—A. l^es, sir. 

Q. In that amendment it was specitically provided that this native town 
council created by the former act should have no jurisdiction over the prop¬ 
erty of the white residents residing within the corporate limits of the native 
village. That is the amendment you have reference to?—A. Y"es, sir. 

Q. I notice tluit in describing the (pialilicjitions of the electors in these native 
villages under the act of 1915 of the Territory of Alaska, it is provided that 
the qualification of an elector under that law shall be as follows, namely, he 
or r’^e sl\all be a member, or descendant of membei's, of the Tnlinget, Tsimpsean, 
<’!• ID’dab poonle. or people belonging to other Alaska Indian tribes. You remem- 
])cr tli')"'e '"‘"'aiitications of the electors in those villages?--A. I remember that 
novr; yes, 

O. Now t^'e i-'-'c’^tion was to make it a i)urely native town and native gov- 
orr.ment and ex'-hu'e the white people from participating in the government of 
thia t^'wn?—A. I Dunk, was the general idea of the law. 

Q. Yon have adilresscd yorrself to the situation at Klawock. To the best 
of voar ln’'ow]<^fl''-e <be situatlcn at Ilydaburg is approximately the same?— 
A. The .same; yes, sir. 

Q. T’u y are rondiKling D'e'r to'vn ivk’ot the same law of the Territory of 
Alaska in a'^liug for the natives?—\. Yes. s'r. 

Q. Now. in 11'^ r-oatio’i I’-jc Ilydaburr or Hydah reservation, the Bureau 
of Education look the pri’wlpal jiart or leadhig part?—A. Yes. sir. 

Q. In fact ilie reservation v/as rroated at the instance of the local agent of 
the Bureau of Education?—A. At the requests, of course, of the people, which 
requests had been going on for several years. The Bureau of Education came 
in to assist these people at their request and through the Bureau of Education 
the move was made from Klimpian and Howkan to Hydabitrg. Also a few peo¬ 
ple came from Kasaan. 

Q. The object and imrpose of the Hyda reservation was also to give the 
natives an oiiportunity to keep the white people out?—A. Not primarily. It 
was to give the people a chance to develop. 

Q. Well, they did keep the white people away?—A. There are white people 
there. 

Q. Are there any white peoide there excepting those who have intermarried 
with the native families?—A. I think there is one man lived there awhile be¬ 
fore he was married. He afterwards married into a native family. 

Q. Was he there before the reservation was created?—A. No, sir. 

(}. He moved there after the reservation was created?—A. Afterwards; 
yes. sir, 

Q. What was his business?—A. I believe a cook or a baker, something like 
that. He started a restaurant there. 

Q. He was there with the permission of the natives?—A. With permission 
from the town council as I understand it. 

Q. This town council undertook to regulate who would be permitted to enter 
on the reservations?—A. I think the town council regulated any infringement 
on the rights of the peoide. I haven’t seen any white man who was not permitted 
to remain on either of those reservations if he was a desirable citizen. 

Q. Now, do you know how many white people live at Hydaburg?—A. I 
think there are two besides those directly connected with the Bureau of Edu¬ 
cation. 


432 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


ii. One or two?—A. I think tliere are two. I don't know whetlier the second 
man lives there now or not. 

(). Those two are married to Indian women?—A. Yes, sir. 

Tlie Bureau of Education maintains quite an estahlishment at Ilyda- 
hurj;?—A. They do. 

ii. A large school?—A. There is a large school erected; yes, sir. 

And who represents the Bureau of Education there at Ilydahurg?—A. I 
think it is a man named Hjinsom? 

Q. How long has he been there?—A. I helieve this is his second year. 

(}. He is assisting the Hydahurg people in conducting their husiness .such as 
the store and other enterprises?—A. He is. 

(i. And the Bureau of Education makes a specialty of assisting those natives 
in starting husiness enterprises of their own?—A. In every way possible. 

(2. In other words, they give them a practical education, and the starting 
of the store and sawmill and things of that kind is a part of the eilucatioiial 
system?—A. Certainly. 

Q. The same in substance and effect is true at Klawock?—A. Yes, sir. 

Q. The reiu-esentative of the Bureau of Education at that place is supervis¬ 
ing, aiding, assisting, and advising the native council there how to run the 
town and how to do husiness?—A. They are, more especially how to do husi¬ 
ness. The council does its husiness without asking advice, as has been done 
frequently in these vilhiges, when they have taken up several cases without the 
advice of any white men, 

Q. The officers of the Bureau of Education, then, devote themselves chiefly to 
educating these natives in how to do husiness and carry on enterprises?—A. 
The same things as our educational system intends to foster througiiout the 
country. 

Q. What I mean is that in running a store, for instance, the school-teachers 
take an interest in it and show the natives how to do it.—A, The principal of 
the school acts as bookkeeper and general adviser to the hoard of directors 
and the man who is the manager of the enterprise. 

Q. Of the trading company?—A. Yes, sir. I helieve in both instances the 
principal of the school is one of the directors. 

{}. In the trading corporation?—A. Yes, sir. 

Q, Well, I will ask you another question or two on the same subject. .Mr. 
Waggoner. Suppose, now, a number of white people came there and insisted 
upon staying on these reservations, what would happen?—A. I don't know. 

Supposing the natives didn’t want them there; supposing the Bureau of 
Education didn’t want these white people tliere?—A. I don’t know for wiiat 
pairpose they would go there. 

(j. AVould they let them stay there?—A. I think they would let them stay 
there if they were good citizens. 

Q. If they wei'e desirable people?—A. If they were desirable people I think 
they would, 

Q. And if they should happen to he undesirable then they would put them off, 
wouldn’t they?—A. Well, there is an instance when I visited Klawock, there 
was an undesiralile man came there and created a disturbance and the officers 
went out to arrest him and they brought him before the town council and he 
was tilled and he paid his fine with the understanding he was going to depart 
and not come back and I understood he never did come hack. They gave him 
his fine and made it less if he would not come hack. I don’t know what the 
process of law would he in the case at all, 

Q. Now you stated that most of those men whose names were read to you 
could not read and write and converse in English. To what extent can they 
converse in English?—A. Most of those men can converse on any ordinary 
thing, any ordinary conversation. But anything that was technical or what 
we would say would he out of the ordinary daily life, it would he difficult, 
probably, to get them to understand thoroughly. 

Q, Now, anything that touches the work which tliey are used to, their employ¬ 
ment which they are used to, they can converse about that?—A. Yes, sir; very 
well. 

(}. But now as witnesses in court they practically always ask for an inter¬ 
preter do they not?—A. They ask for an interpreter many times when it is 
not necessary. It is simply a racial trait. Some need an interpreter and some 
don’t need any interpreter at all who will ask for one. It is an Indian trait, 
they don’t like to tell you openly what they have in their mind. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


433 


Q. To what extent can these people read?—A. I would say that the majority 
of those peoi)le would read understandinjily up to the sixth jrrade readin^j. 

Q. To what extent can they write?—A. Not quite as hijjh a p:rade, some of 
them hijjher, hut the average would probably he about the fourth grade. 

Q. How large a percentage of those Klawock Indians whose names were 
read to you.'could write a letter?—A. Well, I suppose all hut two or three could 
write letters so that I would understand them. 

Q. How many of those natives from Auk Village here in Juneau whose" 
names have been read to you could write a letter?—A. Well, I wouldn’t say 
the majoiuty of them, I would say about a fourth of them. I am speaking 
now of those I know. 

Q. Now you state here in answer to some questions asked by counsel that 
you did not know them by the name he read to you. Now the fact of it is 
that these natives, especially those here in Juneau, go by different names?—A. 
I know them by different names. 

Q. In addition to the various English names they always have their own 
native names?—A. Always. 

Q. And between themselves they use the native name?—A. If they are talk¬ 
ing in their native language hut not if they are talking in the English tongue. 

Q. Rut if they talk in the English tongue to each other do they use the 
English names?—A. They do. 

Q. AVell, talking among themselves do they use the English language much?— 
A. From Auk Village you mean? 

Q. Yes.—A. Some of them do. The majority of them do not. 

Q. How about those in Klawock?—A. The majority of the people there use 
English in ordinary conversation for the reason that with their ju'ogress and 
new ideas they can not express themselves in the Indian tongue; they have to 
speak English to keep up with the ideas they have. I saw Hvo natives goinff 
down the street one day and they were talking in the Indian tongue and they 
got so far and then they had to talk English to tinish out their conversation, in 
order to express themselves. 

Q. The technical names of api)liances in their business are all English, of 
course?—A. In their general work; yes, sir; although some of them have both 
Indian and English names. 

Q. Now. both at Klawock and at Hydahurg the natives make their living 
chietly by tishing?—A. Chiefly; yes, sir, 

Q. And that has been their vocation from times immemorial?—A. That and 
trapping. 

(}. Fishing and trai)ping is what the race has made its living at for times 
when the memory of man runneth not to the contrary; that is correct, is it? 
They have also been boat builders?—A. Boat builders and canoe builders and 
house builders. 

Q. There are plenty of fish and i)lenty of water and ])lenty of timber where 
they live?—A. Yes, sir. 

Q. And always have been?—A. Yes, sir; those are the natural resources of 
that part of the coirntry, 

Q. The only business they knew anything about until the advent of the whiti.: 
men was mining?—A. They knew something about gathering up what we call 
placer copper and things like that. I have seOn copper shields that the people 
have made from nuggets they brought from the Copper River country. They 
knew something about that, hut what we call mining they didn’t know about. 

Q. Now, you stated something about these natives here at Auk Village having 
abandoned their tribal customs. Do they not have Pot Latches from time t(» 
time?—A. Not these men whose names were read. There are some here who 
have had; there is one family in Auk Village who had a feast or Pot Latch 
within the last live years. 

Q. Do you, remember there was quite a stir about a Pot Latch at Ground 
Hog Bay last spring sometime?—A. Yes, sir. 

Q, Now, there was evidence indicating at that time that pretty near all the 
Auk Village was going out there?—A. Yes; there was evidence, a rumor at least. 

Q. And steps were taken to put a stop to that by whom?—A. The principal 
influence was the governor. Of course, in our own church we spoke about the 
matter and only one of our people went. 

Q. You having sought to discourage those things?—A. I have. 

Q, What was the occasion for that Potlatch at Ground Hog Bay last 
spring?—A. Well, a certain Hoonah man wanted to make himself high man- 


15] 279—20-28 



434 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

und the potlatch is not only for elevation of the natives, hnt the time for pay- 
injj off debts and the only woman of onr people who went there said, “ I have 
jrot to go this time in order to get my money hack,” and she got it hack. This 
was their hanking system, their old hanking system, 

Q, There was a lot of them there. Haven’t yon any idea how many Indians 
went to Ground Hog Bay that time?—A. I don’t know exactly how many did 
go, hnt I have been informed through hearing different conversations that 
not nearly as many went as were expected, 

Q. That might he due to the fa(*t that the governor took a vigorous hand in 
discouraging it?—A. I think all the natives looking toward the elevation of the 
natives had something to do with discouraging it. Both the natives and the 
missionaries at Hydahnrg and the hnrean of education thei’e. and the Haines 
people as well, said that it was contrary to American citizenship, 

Q. Now, yon also spoke about the service in the Army of Klawock natives. 
How many Klawock natives went to the Army?—A. I can not tell yon definitely. 

1 recollect now this one man is still in France. 

Q. What time did he go into the Army?—A. I think he went in in 1917. 
He was at school at the time. 

Q. Where?—A. At Chemawa. 

O. Is that in Washington?—A. No; in Oregon. 

Q. And he went from that school in Oregon into the service?—A. Y^es, sir; 
and he is still in the service. 

Q. You don't know of any others?—A. I don’t recall them now. The mis¬ 
sionary from Klawock reported four in the service, hut I don’t remember the 
names. 

Q. There is no tax levied on these Klawock natives except such as they levy 
on Themselves?—I nnder.stand .some of them are expecting to pay poll tax, 
this new .$5 tax we ai-e paying for the school tax. 

Q, You don't know whether they have paid it or not?—A. I don’t know, hut 
I know all those who have citizenship papers have been exi)ecting to uay it. 

Q. Yhm have also heei^ enconraging the natives to seek their citiz'^unliip ir'd'r 
the Territorial law as soon as the become (lualitied?—A. Yes; I liavo 
asking them, urging them to get proof of their citizenship as soon as ])os'*.ro;e. 

Q. Now, I will ask you another question. Some of them have made ap- 
ITlication and failed?—A. I don’t know of anybody that failed. 

Q. Do you know who owns the land at Auk Tillage in this city? Has any 
patent been given by the Government?—A. I understand that only one parcel 
of land that runs through the village has a patent to it and that is owned by 
a white man. 

Q. That is a strip that was included in a patent acquired by the electric-light 
company?—A. No. Mr. Whittier has the lot above and in buying the land he 
got the land clear down to tide water and which takes in property through 
Auk Tillage so-called. I understand he has a patent. 

Q. The rest of Auk Tillage there is no pratent to?—A. Not that T know of. 

Q. It is Government land?—A. Not that I know of. I mean by that, Mr. 
Tlustgard, what is in the plat as termed “Auk Village ” sc^me of the natives 
living in Auk Tillage are in the Juneau town site and have their patent. 

Q. Mr. Waggoner, you understand that the natives hohl their possession 
under the provisions, originally a part of the law of May 17, providing 

that Indians or persons conducting schools or missions in the district shall 
not be disturbed in the possession of any land now actually in their use or 
occui)ation? 

Mr. Hellenthal. I don’t think that act is quoted correctly. It says “ In¬ 
dians or others.” 

Mr, Kustgari). I am reading now from the act of June 0, 1900, 31 Statutes 
at I.,arge, page 330. 

Q. That is your understanding of it?—A. Yes. sir. Applications have been 
made for different tracts by our board for iiatents under that section. 

Q. By the missionaries here?—A. Yes, sir. 

Q. And it provides that Indians, too, shall be left undisturbed?—A. Some 
of them have made application for land under that provision too, 

O. YT)!! mean Indians?—^A. Y>s sir, 

Q. You mean Indian allotments under the homestead act?—A. No. Mr. 
Kunz had a piece of ground up at Eagle River that has l)een in possession 
of their family for some years and he has applied for a patent under this 
section, and it has been going through the Forestry Reserve officials. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 435 

Q. And don't yon think he applied for that as a homestead under the native 
f^nrvey bill?—A. I don’t think so. That was before that Indian survej^ went 
through. He applied for that about live years ago. 

Q. Has he received a patent on it?—A. He has not. But he has applied 
for one and I understand the Forestry oilice is surveying it for him for a 
patent. 

Q. At Eagle River. That is about 25 miles from here?—A. Something like 
that. 

Q. There is a house down in the Auk village that is called “Kow-ee”?— 
Yes, sir. 

Q. What kind of a house is that?—A. I call that a communal house. 

Q. Who owns it?—A. Kow-ee. 

Q. Who is he?—A. fie is at the head of that clan. 

(}. And he still lives there?—A. He still lives there. 

Q. And all the natives belonging to that clan have a right to frecpient the 
house?—A. I don’t know what their laws are in regard to the house, but I 
found several families in there at one time. 

Q. That is what they call a communal house?—A. I call that a communal 
house. ^ 

Q. Somebody testitied that the last chief died in 1801>. Did he refer to the 
chief in .Tuneau?—^A. I dont’ know who had control as chief in this town. 

Q. They had a celebration about a year ago here. Somebody died down 
here who was a chief. Don't you remember? Wasn’t he a relative of Willard, 
and they tired off cannon and saluted down at the grave?—A. I don’t think 
Yakwan was recognized as a chief in .Tuneau. 

(}. But he was a man of some autliority?—A. He was a man of some intlu- 
ence, not particularly “ authority.” I have know that his relatives respected 
him and lie was a man that was also highly respected by all people throughout 
the country. 

Q. That was by his birthright?—A. No; by his character. He was a man 
who had been connected with the whites and the natives especially since that 
interior rush in 1897 and 1898. He used to be one of the packers and one of 
the guides through all the interior country. 

Q. That was the occasion for the celebration at that time?—A. Yes, sir. He 
hail these things. This cannon and other things they told me he had descended 
to him and he had this cannon shot otf as the closing incident; he had no more 
use for this thing. He said, ” We are now living a civilized life, this is to be 
tlic last.” 

(^ That was the last salute?—A. That was the last salute. 

Q. That was Yakwan himself said that?—A. That was his request to his 
sister and I understand most of the things he had were buried with him so they 
v.'ouldn’t be handed down to is descendants. I think the cannon was to go to 
the Sitka museum or some place. 

Q. How long ago was that?—A. I think about a year ago; something like 
that. 

Q. Do you remember whether that was before or after the last general elec¬ 
tion?—A. I think it was before. 

Q. How long before'?—A. I could not give you the exact date. 

Q. It was close to tlie last general election, the election of November 5, 
1918?—A. It must have been. 

Q. (By Wr. Harshalt..) Do you know whether any of these people living in 
Auk Villiage whose names have been mentioned to you went out to Ground Hog 
Bay to this potlatch of Charlie Moses?—A. I don’t know whether they went 
or not; I don’t know whether any of them went. If they did I don’t know it; 
These natives here at Juneau do not live here continuously. They may go and 
be gone four or five years before they come back. We haven’t the employment 
for them here in Juneap. They go in the meanwhile off and hunt and trap and 
fish out in the cannery districts. One man was gone three years before he came 
back. 

IMr. Marshall. That is all. 

Redirect examination by Mr. Hellenthal: 

Q. What are these potlatches, Mr. Waggoner? They bear a marked similarity 
to what we call “market day” back East, do they not?—A. I wouldn’t say so. 

Q. They are like a State fair?—A. I wouldn’t say so. 

Q. Is there any real difference between a potlatch among the Indians and a 
party at the governor’s house in Juneau?—A. Quite a marked difference. 


436 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. Wliat is the difference?—A. I don’t know ns I would want to say the way 
tlie j^overnor conducts his parties. 

Q. hat yon object to is to cast any reflections npon the way the Indian 
conducts the potlatch?—A. No; I mean the j^overnor. In the Indian potlatch 
frecpiently is an Indian si^^ni flea nee. 

Air. Giucsny. And there is nothini; like that at the jjovernor’s parties? 

Q.^ The potlatch, however, has no ])olitical si^niticance has it, Air. Wajjgoner?— 
A. Ah)n mean a Federal political significance, or native? 

(>. Native political significance?—A. Ph-equently it has an Indian political 
signilicance because during these pot latches young men are raised in rank. 

It is assort of a conventi(ni, then, also, as well as a potlatch?—A. The 
I'higlish terms for those things are not apt. Yon could not call it a convention 
as we call a convention. Of course, it is a coming together, that is the literal 
mejming of a convention. 

(^. Aon know that they have a potlatch in the city of Seattle everv vear, 
don’t yon?—A. They call it a potlatch. 

The native potlatch is of a higher order?—A. A'es, much higher. 

(N Now, these natives whose names have been read to yon as living in Auk 
Aillage, those who voted. Do they have any connection with that community 
house down at Auk ATllage?—A. I don’t know of any but the one man, he 
bight have. He is married to the daughter of Kow-ee. Hut I don’t know 
whether he has any connection with it at all or not. 

Q. The others have nothing to do with it?—A. No, the others have nothing: 
ro do with it. 

Q. And the community iiouse concerning which you testified is simply a house 
that belongs to a family?—A. It is a family house. It is not tlie old-style house, 
as you call it. I call it a communal house because of the manner in which 
they live in it. 

Q. It is not a tribal house in the sense tribal houses used to he maintained 
by the Indians?—A. Not according to my understanding. 

(y And the natives whose names have been i*ead to you they have nothing to- 
do with it?—A. No, sir. 

Q. Now, speaking of that movement at Klawock and Hydaburg which led to 
the reservations of those lands, yoii said that originated with the people. 
What people do you refer to?—A. The inhabitants of the villages. 

Q. That is to say the native inhabitants?—A. Yes, sir. 

(R They originated the idea?—A. Of the reservation? 

Q. A'es.—A. A’es, entirely. The matter grew out of conferences formally 
and informally, between certain Indian villages and the representatives of the 
Bureau of Education and myself at different times. There was really no formal 
meeting in regard to the matter. 

Q. And what was the underlying puii)ose of establishing those settlements?—■ 
A. To foster enterprises among the people and to help them to save and to get 
them living in better comlitions. 

Q. Did the abandonment of tribal relations have anything to do with it?—A. 
No, sir. Klawock was not a town controlled by any tribe. It was simply a 
place where the fishermen gathered to work in the cannery. Klawock is the 
oldest cannery town in Alaska. Commercial houses had nothing to do with it. 
There were none there. 

Q. There is nothing to prevent a white man from going there at any time 
he desires, is there?—A. Not that I know of. 

Q. He doesn’t have to have permission from anyone to go to Hydaburg or 
Klawock, does he?—A. Not that I know of. 

Q. And there is nothing to prevent outside Indians from going or coming?— 
A. Not that I know of. 

Q. And there is nothing to prevent Indians residing there from going away 
and coming l)ack when they desire?—A. Not that I know of. 

Q. The only method in which undesirable whites are controlled there is by 
the method you have mentioned—that is to say, by what is called in Juneau 
and Douglas and other towns the system of blue ticketing.—A. That is, through 
the acts of the town council. Under this Indian act the town council always 
has to .sit as a jury and listen to the evidence. 

Q. And they blue-ticket a man just as they do in Juneau if they are not 
desirable?—A. What you call “blue-ticketing,” I am not familiar with that 
process. 

Q. If an undesirable man should go there, they would fine him and tell him 
they would give him a smaller fine if he would get out of town, isn’t that the 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 437 


system?—A. No. If lie eoimiiits a ci’ime or a misdemeanor, then they have a 
trial and tine him. They don’t assess a tine upon a man for simply being there. 

Q. The only way tliey deal witli nndesirabies is after he commits some 
offense? Until he commits some offense he is not considered an undesirable, 
is that a fact?—A. That is a fact; yes, sir. 

Q. And he is not interfered with?—A. He is not interfered with. I have 
never seen men interfered with in Klawock except this man I spoke of who 
•came there drunk and who was committing misdemeanors in this town. 

Mr. Hellknthal. That is all. 

Recross-examination by ]Mr. Rustgakd : 

Q. And this law was for the purpose of giving the natives a chance of keeping 
others out of there if they wanted to?—A. Ami for development. 

Q. And to give the Government of the United States through the Department 
of the Interior full control?—A. 1 wouldn't say so. They understood from 
this application that the natives themselves would have something to say in 
the control of the village. Now. I speak that way from the conferences, the 
report of which came to me, between the Secretary of the Interior, the head 
of the Indian Affairs at Washington, and Mr. Impp, and there were one or 
two other men, I don’t remember their names now, and Bishop Rowe was there 
at this conference at AVashington, and they were talking about the Indian 
reservations in Alaska at that time. We didn’t want Indian reservations in 
Alaska because of the kind of Indian reservations they had in the States and 
their unsuccess and when these reservation were established by us it was with 
that understanding b.y us and by those who were in authority that we would 
not have Indian reservation like the Indian reservations in the States. We 
never applied for Indian reservations as in the States. But our request grew 
out of the rejiort of that conference. 

Q. The difference is you are not under an Indian agent; is that it?—A. The 
Secretary of the Interior doesn’t exercise any control with the agent, hut with 
the people them.selves. The ground was given them for their use, with the right 
to form a municipal government, which this law advocates, and to control their 
affairs; that is my understanding. 

Mr. Hellenthal. The purpose was to reserve the ground for the use of the 
Indians and nothing more? 

A. That was the purpo.se of those who made the request. 

Mr. WiCKERSHAM. Isii’t that the pur])ose in all reservations? 

A. I don’t know what the pur])oses are in the States or how the requests 
'Come. 

Mr. Hellenthal. I would like to recall Mr. AVaggoner for another question. 

Mr. AA'aggoner, who owns the church building at Klawock?—A. The con¬ 
gregation at Klawock. 

Q. AAdu) built it?—A. The congregation and myself. 

Q. Did the board of home mission have anything to do with the building 
■of the church?—A. It did not. 

Mr. Hellenthal. That is all. 

David AVaggoner. 

AA’hereupon the further taking of testimony was adjourned until 3 o’clock 
p. m. of this day. 

Now, at 3 o’clock p. m. of this, the 1st day of October, 1919, all persons being 
present, the following testimony was taken pursuant to adjournment: 

DEPOSITION OF CHARLES W. HAWKESWORTH. 

CHARLES AA'. HAAATvESAA^ORTH, a witness produced for and on behalf of 
the contestee, being dul.v sworn by the notary to tell the truth, the whole truth, 
mid nothing but the truth, testitied as follows: 

Direct examination by Mr. Hellenthal : 

Q. AV’hat is your name?—A. Charles AA^ Hawkesworth. 

Q. AAliere do you reside?—A. Juneau, Alaska. 

Q. AA'hat is your business, trade, or occupation?—A. Superitendent of the 
native schools in .southeastern Alaska. 

Q. For the Bureau of Education?—A. Yes, sir. 

Q. As such, have you charge of the schools at Hydaburg and Klawock?—A. 
Tes, sir. 

Q. And the native schools at Juneau and Douglas?—A. Yes, sir. 


438 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you know the natives at Hydal)iirj>: and Klawock?—A. Very well at 
Hydahnrj; and fjiirly well at Klawock. 

Q. Are you also acquainted with the natives at .Tuneau and Douglas?—A. 
Somewhat. 

Q. You have heard read the li‘t of names of natives residing at Klawock to 
the witness Waggoner this morning?^—A. Ye.s, sir. 

Q. Are you acciuainted with all those natives?^—A. Yes, sir. 

Q. Do you know what, if anything, those natives have done in the way of 
severing their tribal relations and adopting the habits of civilized life? 

Mr. It.rsTGAKi). Object to that line of evidence, for the reason that it is con¬ 
ceded that those Imlians live on a reservation set aside for their benetit and 
that they live under the care and under the jurisdiction of the United States 
Ihireau of Education. 

Mr. Hkllenthal. That there may be no misunderstanding about this mat¬ 
ter I will state at this time that it is not conceded that the Indians live on a 
reservation or that they are under the care or supervision of the Bureau of 
Education, but it is contended, on the contrary, that the Indians are in no 
wise re‘ tricted by governmental authority and that the reservation they live 
on goes no further than to withdraw from entry the public land upon which 
they reside in order that the same might be occupied by Indians who express 
their desire to do so. The Government exercises no control or jurisdiction 
over the Indians other than that which is exercised over other citizens in the 
Territory of xVlaska. 

A. Yes, sir. 

Q. Now. just one other preliminary question : How long have you l)een fa¬ 
miliar with the conditions under which the natives at Hydaburg and Klawock 
live?—A. Since tbe summer of 1911. 

Q. And you have known these various parties since that time?—A. Ye*-', sir. 

. (y Now, what, if anything, have the natives of Klawock done in the way of 
recognizing tribal government since you have known them?—A, Nothing. 

(y Has there been any tribal government of anv kind at Klawock since 
1911?—A. None at all. 

Q. What, if anything, do the natives at Klawock now do, or what have they 
done since you have known them, in the way of recognizing tribal relations?— 
A. There is nothing in recognition of tribal relations. 

(y And there has not been anything of that kind since you have been ac¬ 
quainted with the natives there?—A. No, sir. 

Q. Now, what, if anything, have the natives at Klawock done in the way of 
adopting the habits of civilized life?—A. Just the same as is common in other 
communities in Ahi' ka, living as citizens, carrying on industries. 

(y When you say other communities in Alaska, do you mean other natives^ 
or whites?—A. I am thinking of Crjiig. a neighboring town, G miles away 
from Klawock. Practically the same kind of life goes on at Klawock as at 
Craig. 

(y And who do they have at Craig?—A. Natives and white people. 

(y Now, what habits have the natives at Klawock adopted with reference to 
the habits of white men? How do the habits they have adopted compare with 
the habits of the white men?—A. Just the same. 

(y What kind of houses do they live in?—A. Regular frame houses, like they 
have in the neighboring town of Craig. 

Q. When you say like they have in the neighboring town of Craig, do yon 
I’efer to the homes of white people in, Craig or those of the natives there?—A. 
The homes of white people and the Indians there in Craig; they live the same 
way. 

(y Now, do you know what, if anything, the natives whose names have been 
read to IMr. Waggoner have done in the way of educating themselves?—A. Just 
the regubar school work that they have gone on with as other men do. 

(.}. When you say “other men,” do you mean whites or natives?—A. Both,, 
who are progressive. 

Q. Are those natives ^^hose names have been read able to read and write 
the English language?—A. Yes, sir; as far as I know, they are. 

(}. At the present you think all of them can read and wTite Engli.sh?—A. I 
think they can. I have no reason to doubt it. 

Q. Do they all speak English?—A. Yes, sir; they most all have mail boxes 
there at the post office at Klawock and get their mail. 

Q. They write and receive letters just as white men do?—A. The same way. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 439’ 


• ^ condition at Hydabnrg with reference to the matters concern¬ 

ing which I have interrogated you as existing at Klawock?—A. Just about the 
same. It anytliing, a little more marked progress has been made there More 
newsjiapers and magazines are subscribed for there. 

Q. Are newspapers and magazines suliscrihed for at Klawock?—A. Yes sir. 

Q. To quite a considerable number?—A. To quite an extent 
Q. the natives?—A. By the natives; yes, sir. 

Q. And at Ilydaburg, that is even more so?—A, Yes, sir At both of these 

lilaces they have the weekly Seattle papers for sale there In the town, both at 
Klawock and Hydaburg. 

Q. Are those papers generally read by the natives?—A. Oh, yes. 

Q. hat do you say as to whether they keep posted on current events'^—A 
J hey do keep posted. 

g. And they keiit posted on the war as it progressed?—A. Very much so. 

Q. Did you discuss the war with any of them at any time?—A Yes sir' 
whenever I went there. ’ ’’ 


Q. Did they seem to have enlightened opinions upon the questions involved*^— 
A. \es, sir; they did. 

(,). And understood the issues as well as the whites?—A. Yes, sir; even more 
interest it seemed; they seemed to show moi-e interest in the war than some of 
the men down there at Craig. 

g. They showed more interest than the whites at Craig?—A So it seemed to 
me with the ones I talked with. 

g. And were they equally as well informed?—A. They seemed to be. 
g. Did you have frequent occasion to go to Hydaburg and Craig during the 
past few years?—A. Yes, sir; my work as superintendent of schools takes me 
theie right along and I usually stay a week or so at each of those towns. 

g. Now, with reference to the natives residing at Juneau. You have heard 
read the list of Juneau natives to Mr. Waggoner that was reported to have 
voted at Juneau?—A. Y’es, sir. 

g. Do you know those natives?—A. Most of them I know, 
g. Are you familiar with their mode of life?—A. Yes, sir. 
g. And the manner in which they regulate their affairs?—A. Yes, sir. 

Q. You also have charge of the school situated at Juneau, the native school?— 
A. I do. 


(i. How long have you been acquainted with the Juneau situation?—A. Since 
the summer of 1916. 

g. Since you have been here have they had any tribal government at Juneau 
among tbe natives?—A. None. 

g. Have the natives residing at Juneau recognized any tribal authority?—A. 
None. 

g. What, if anything, have they done in the way of adopting the habits of 
civilized life?—A. Well, in an organized way; they started two years ago a 
civic league in the village to cooperate with the city council of Juneau to en¬ 
force law and order in that section. 

(,). And what have they done as individuals in the way of abandoning the 
habits of the “tepee” and taking on the habits of the modern homes?—A. 
All tho.se things are self-evident. Whatever has been common in the town or 
Territory they naturally take to it and go with it as a regular course of life.. 

g. I know. But you must remember that while these things are .self-evident 
to you, I desire to get this matter in the record. I wish you would explain as- 
fully 5 is you can the mode of life followed by the natives at Juneau as compared 
with the habits of the civilized white inhabitants.—A. Well, they live in regu¬ 
lar individual homes for the most part, have regular furniture, do their cooking 
in the regular way, have regular occupations, some mining, others fishing,, 
others boat building, and each depends upon his own efforts for his living, 
g. Do they support their families like whites?—A. Just the same, 
g. Treat their families as well?—A. Yes, sir; as far as I can see. 
g. And educate their children?—A. The same way. In the matter of edu¬ 
cation ; why, our native schools take them up as far as the fifth grade and 
then all those who go beyond that ai’e received into the city schools here in 
Juneau, the idea being the native school will do the primary work and as soon 
as they go beyond that the city school continues the education. 

(}. Now, those names that have been read to you as having voted in Juneau,, 
in so far as you know them, are they able as a rule to read and write the 
English language?—^A. So far as I know, they are. 

Q. Do they speak English?—A. Fairly well. 


440 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. And do they keep tolorably well informed on current events?—A. Yes, 
sir; they do, 

(i. And speak intelligently about them?—Yes, sir, 

Q. What is the condition at Douglas? Yon know the natives there, do 3*011 
not, also?—A. Yes. sir. 

(i. Do those natives there recognize an 3 * tribal anthorit 3 *-^A. As far as I 

know, the 3 * never have had an 3 * in Donglas. 

The 3 * never have had had any, at least as long as 3*011 have been there?— 
A. Not that I know of. 

Q. Yon would have known it had the 3 * had such a thing?—Yes, .sir, 

Q. Do the 3 * recognize an 3 * kind of tribal relations at Douglas at the pre.sent 
time or for the past number <»f 3 *ears?—A. No, sir. There was just that mis¬ 
statement in the paper last fail about this .Timmie Eox that he was to succee<l 
his uncle, but Jimmie came 10 the school-teacher the next da 3 * and said that 
that was a mi.stake; that he didn’t want to be any successor to his uncle, so 
he had an article published in the newspaper sa 3 *ing he was an American citizen 
and was i>roud of it, and that he wasn’t a successor to his uncle. 

Q. There was no chief located at Douglas, then, Jast fall or au 3 * other time 
since 3*011 have been there?—A. No, sir. 

Q. And there has never been an 3 * chief since you have been here?—A. No, 
;sir. 

Q. Now, what have those natives at Donglas done in the wa 3 ' of adopting 
the habits of civilized life?—A. They live in their own individual homes, 
furnished as their station in life wai'rants; they carry on their own family life, 
support themselves, the same as others in similar circumstances; the 3 * labor 
in the mines, and lish, build lioats, have stores- 

Q. The natives have a store at Douglas, have the 3 *? A. Yes, sir. One man 
<1008, Hen 1 - 3 * Stephens, 

Q. A general merchandise .store?—A. Yes, sir; a general merchandise store. 

Q. Is there any difference between the manner in which these people live 
and the manner in which white people of similar station in life live?—No, 
sir. There are whites and natives in that beach section of Douglas and 3*011 
can not tell which is the white man’s house and which is the native’s; the 3 * 
all look alike. 

Q. Either on the inside or the outside?—A. About the same. 

Q. What do 3*011 sa 3 ’ as to their intelligence? Are the 3 * able to read and 
•write as a rule; English I mean?—^A, Yes, sir. 

Q. And si)eak Engli.sh?—^A. Eairl 5 * well. 

Q, Do they keep po.sted on'current events?—A. Yes, sir. 

Q, And are the.v able to converse intelligently upon subjects of that char¬ 
acter?—A. Yes, sir. 

(y Now, returning to the situation at Klawock and Hydaburg. There has 
been some testinion 3 * here, statements to the effect that the Indians at those 
points live on reservations. You are familiar with the character of reser- 
v*ations that exist at both Klawock and Hydaburg, are you not?—A. Yes, sir. 

Q. Is there an 3 * reservation there whatsoever in the sense or meaning of 
that term as generally used? 

iMr. Rustgard. I object to that as not the best evidence. The ]U'oclamations 
speak for themselves. 

A. I can tell you how that started. The Hydaburg Reservation was made 
first and when the people left Klinquan and Howkan- 

Q. Who do you mean 1 ) 3 * “people” ? The natives?—A. The native' people. 
They wanted a town site where the 3 * could make progress, and at Craig at 
that time the Forestry Service was charging yearl 3 ^ rent for the lands, and 
the foi’estry supervisor suggested that they eliminate from the Tongass Natural 
Forest Reserve this town site of Hydaburg in order that the 3 * might get 
the revenue from taxes to carry on their own town, and that is wh 3 * the reser- 
A*ations from the Tongass Natural Forest Reserve was made, The 3 * don’t 
liave an 3 * idea at all that it is a reservation such as the Indians have in the 
States, and if they thought for one moment it was considered as such the 3 ’^ 
would immediately ask that it be eliminated. They don’t want a reserve 
as they understand the re.serves in the States are conducted. 

Q. And pursuant to that the land was withdrawn in order that the 3 '^ might 
escape the burdens placed upon them by the forest reserve?—A. Yes, sir; and 
g:et the revenue for their local expenses, maintaining sidewalks and up- 
iuiilding the town. 



WICKERSHAM VS. SULZER, DECEASED, AA^D GRIGSBY. 441 


Q. And what is true of Hydaburg in that regard is also true of Klawock?— 
A. That is also true of Klawock; yes, sir. > 

Q. Does any one under the authority of the United States, or any of its 
departments, exercise any.' control or authority over the Indians at either 
Klawock or Hydaburg?—A. No control. It is up to the elective town council 
to control the affairs. 

Q. And the town council is organized under the laws of the Territory?— 
A. Yes, sir. 

Mr. Hellexthal. That is all. 

Cross-examination by iNIr. Kustgakd. 

Q. AVhat is the Territory over which you have jurisdiction, Mr. Hawkes- 
wortii?—A. Southeastern Alaska. 

(). The lirst judicial division of Alaska?—A. Well, it is not exactly that; 
it goes from Metlakahtla to Yakutat. 

Now, you are working under who, again?—A. The lUireau of Education. 

Q. Well, who is directly over you?—A. W. T. Lopp is chief of the Alaska 
division and P. P. (Maxton is the commissioner of etlucation. 

Q, P. P. Claxton is the commissioner of education and as such is head of 
the Bureau of Education of the Department of the Interior?—A. Y^es, sir. 

(j. He has full charge of the education of the Indians and Eskimos of Alaska 
ami also the Aleuts?—A. In so far as they choose to attend the native schools 
of Alaska. Some choose to attend the white schools, and do. at times. 

(). Is it designed by the Bureau of Education to furnish education to any¬ 
body l)ut Indians. Aleuts, and Eskimos?—A. Originally the Bureau of Educa¬ 
tion furnished education to all children in Alaska. 

Q. Now, then, what time were the other children, except natives, eliminated 
from the care of the Bureau of Education?—A. Actually they are not elimi¬ 
nated at all. In places where we have native schools, like in Klawock. the 
missionary children attend the schools, and if there were other white children 
there, why, they would attend that school as a matter of course. 

0. Well, how many white children are there at Klawock outside of the 
mis<<ionary’s children and the school-teacher's children?—A. No full-blooded 
whites. 

Q. How many uhite children are there at Plydaburg aside from the mis¬ 
sionary’s and the school-teacher’s children?—A. None. 

Q. Now. I understand that Mr. Lopp is in charge of the Alaska division?— 
A. Yes, sir, . 

Q. Of all Alaska. Mr. Lopp is the superintendent in each judicial division. 
Is that correct?—A. Well, not each judicial division. Our districts are now 
divided according to the judicial divisions. 

Q. How many districts like your are there in Alaska?—A. I think there 
are five this year, 

(), Now. wliich are-they?—A. Kotzebue to Point Barrow, Seward Peninsula, 
western Alaska- 

Q. What does western Alaska include?—A. The Aleutian Islands to the 
mouth of the Kuskokwim. The upper Yukon and southeastern Alaska. 

Q. Now, then, we.stern Alaska includes the Aleutian Islands, the Ala.ska 
Peninsula, the Cook Inlet country, and the Prince William Sound country?— 
A, Y'es, sir. 

Q. To Yakutat?—A. Yes, sir, 

Q. In other words, that includes the coast district from Kuskokwim River 
to Yakutat?—A. Yes, sir. 

Q. And how far inland does it go?—A. Just along the coast and up the 
river, 

Q. To Copper Rivei’?—A. Y'es, sir. 

Q. Mdio is in charge of the western Alaska division?—A. Arthur Miller. 

Q. Now, his business and your business is to travel around from school dis¬ 
trict to school district and superintend the work; is that correct?—A. That is 
right. 

Q. Now, then, how many schools have you under your control in this divi¬ 
sion?—A. Thirteen. 

Q. Are they all native schools?—A. So-called. 

Q. Aren’t they Indian schools, in fact?—A. Why; yes. 

Q. They are maintained by the Bureau of Education from funds furnished 
by Congress for the education of Indians, Eskimos, and Aleuts?—A. l^es, sir. 



442 


WICKERSHAM VS. SULZER, DECP:ASED, AND GRIGSBY. 

Q. How many selu)ols lias ]Mr. Miller got under him in Avesiern Alaskie 
division?—A. I don’t know. 

Q. Can yon state approximately?—A. No, sir. 

Q. He also maintains these Indian schools out of the same funds?—A. A'es,. 
sir. 

(}. Furnished or appropriated hy Congi’ess for the use of the Bureau of 
Education in educating Indians, Eskimos, and Aleuts?—A. Y^es. sir. 

Q. Now, you have a school maintained hy the Bureau of Education at 
Idiamna?—A. I don’t know anything about that western district. 

Q. Don’t you know a little hit about it?—A. Almost nothing, only as I read 
accounts in the pajiers from time to time. 

Q. You keep fairly well iio.sted on what is doing in the other divisions,, 
don’t you?—A. Just fairly well, as we get any newsiiajier articles; that is alL 

Q. You get rejiorts from the Bureau of p]ducation from time to time?—A. 
Yearly. 

Q. Every year. And each school is enumerated there?—A. \>s. sir. 

Q. And the places of each school?—A. Yes, sir. 

Q. And the names of the teachers?—A. Yes, sir. 

Q. And the numlier of attendance?—A. Yes, sir. 

Q. You know, as a matter of fact, that you maintain a school at Lliamna?— 
A. I know there is a school at Lliamna. 

Q. That is maintained hy the Bureau of Education?—A. Yes, sir. 

Q. And there is no other school there excei)t the one maintained hy the- 
Bureau of h^ducation?—A. I wouldn’t know that. I wouldn’t have any reason 
to know that. 

Q. Now. then, come to Nushagak. You have got a school there, have you 
not?—A. Yes, sir. 

Q. Do you know who the teacher is there?—A. I don’t know positively. 

Q. Are you sure you have a school there?—A. I am not ])ositive. 

Q. Can you mention any place in western Alaska where the Bureau of Edu¬ 
cation maintains a school?—A. I know more about the northwestern division. 

Q. Have you a school at Nushagat?—A. I don’t know; I could tell you about 
Unalakleet if you Avant information on that. 

Q. You maintain a school at L^nalakleet?—A. l^'es, sir. 

]Mr. Het.lenthal. I think I shall object to the witness being interrogated on 
this, because it is not cros.s-examination. 

Q. AVho is at the head of the division of the Seward Peninsula division? 

Mr. Hellexthal. I object to that as being immaterial and not cross-examina¬ 
tion. 

A. Mr. Evans. 

AVho is at the head of the Kotzelme <livision? Is that a separate 
division?—A. Y>s. Mr. D. AY. Cram is at the head of that. 

Q. And who is at the head of the Upper Yukon division?—A. ]\Ir. Forbes. 

]\Ir. Hellenthal. Same objection. 

Q. You know Mr. ]\Iiller pretty well, don’t you?—A. Yes, sir. 

Q. Have you been together with him much?—A. Not much; just as he has 
passed through Juneau. 

Q. Does he frequently go through here?—A. He has been through here* 
twice since I have been in Juneau. 

Q. Does he ever go over to Hydahurg?—A. No, sir. 

Q. Now, all of you aim to make voters out of these Indians, don’t you?—A. 
To have them jn-ogress in the rights and duties and privileges of citizens, know¬ 
ing that they haven’t taken any place in the 52 years that Alaska has been 
under the United States, and it is time for them to he alive to the conditions. 

Q. AVell. that is your aim?—A. That is our aim. 

O. And all of those who have been in charge of the education of the Alaska 
Indians, so far as you know, have been anxious to make voters out of them? 

Air. Hellenthal. I object to that because this man is not suppo.sed to know 
what other people do. 

A. AVe are anxious to have them perform their duties and obligations and 
have the privileges of citizens. 

Q. You are anxious to call their attention to their duty as voters?—^^A. Alore 
as citizens. 

Q. In what capacity as citizens especially?—A. For instance, to pay their 
taxes as they are given out. 

Q. Now, are the Indians here in Juneau taxed?—A. City taxes, yes, sir. 


AVICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 44B 

Q. Is there any tax paid there in Ank Village in the city of .Tiinean?—A. I 
think so. 

When did yon find that there was a tax paid hy the people there at Ank 
Village?—A. In talking with the former city clerk, IMr. Pettit. He was inquir¬ 
ing about the residences of different ones who had taxes due. 

(^. Sitmited in Ank Village?—A. Situated in Ank village. 

Q. AVell, that is news. There never has been a tax levied in Ank A'illage. 

I will ask yon if there was any tax ever levied in the Indian town of Doug¬ 
las?—A. I don’t know. 

Q. Is there any tax levied at Ilydahnrg, except such as is levied by the In¬ 
dian town conncil? 

Air. Hellexthal. AVe object to all this testimony because the qnalificaions 
of a native as a citizen do not dei)end npon the question of taxes. 

A. In connection with that I would like to say the first territorial tax in 
1912, I believe it was, was paid hy some thirty-odd residents of Hydahnrg. 

Q. AVhat tax was that?—A. The territorial tax, $4 a head. It was after¬ 
wards found imconstitntional, I believe, hnt they i)aid it, every one of them 
who was nnder the age as prescribed. 

Q. Under the age as prescribed?—A. Yes. sir. 

Q. Between the ages of 21 and oO years?—A. Yes, sir. And they all did 
it gladly, too. 

Q. Have they ever paid any tax either before or since?—A. They are pre- 
jiaring to pay the school tax already levied l)y the Territory, and have paid 
it at the canneries where they have been employed. 

Q. The (*anney snperintendent has taken ont that much from their wages, 
is that it?—A. Yes, sir. And those who are not in canneries will pay it per- 
.sonally. 

(>. To whom?—A. To whoever will collect it or will send it in to the sec¬ 
retary. 

(}. Do yon know of anybody who has paid it at Hydahnrg?—A. AATien I 
was there they told me they were going to pay it. 

Q. Now, what is the situation at Khiwock? Has any tax been levied there? 
A. I don’t know. 

You are talking now about this last summer, are yon. or the summer of 
1918?—A. I am talking about the first tax of 1912. which they paid, and then 
the jmesent school tax, which is now up for collection. 

Q. That was nnder the tax provided for hy the legislature of 1919 for this 
Territory, is that it?—A. Yes, sir. 

Q. Now, you took considerable interest in the Sulzer election in 1918, didn’t 
you. Air. Hawkesworth?—A. I took the interest that I would in a friend’s 
canq)aign. 

Q. Now. you were an old friend of Sulzer’s?—A, I am. 

Q. And have known him for a good many years?—A. Since 1911. 

Q. And you lived with him?-—A. As a neighbor. 

Q. How far is Hydahnrg from Sulzer?—A. Twenty-five miles. 

Q. And he was about the only white people you could visit with?—A. That 
i^ all. 

Q. And the same was true of the school-teachers up there at Hydahnrg?— 
A. A>s, sir. 

Q. You were all great friends of the Sulzer family?—A. AVe could not help 
hut he. 

Q. And the same was true of Air. I^opp?—A, Yes; as he passed through 
Sulzer he would he entertaine<l at their home the same as the rest of us were. 

(}. N<>w, Air. Claxton was a friend of Sulzer’s?—A. I don’t know as to the 
personal friendsliii) the.v had, if any. 

Q. There was a general sympathy between them?—A. I don’t know as to 
that. 

Q. And Snlzer was personally acquainted with most of these Indians in that 
neighliorhood?—A. Yes, sir. 

Q. And that included the Indians at Klawock?—A. Yes, sir. 

Q. He called on the missionaries and teachers from time to time at those 
reservations? 

Air. Hellexthal. I object to this line of questioning, being personally ac- 
(piainted with the Indians. 

Q. Didn’t he?—A. Yes; as friends. 

Q. And all those teachers were very much interested in Siilzer’s election; 
they wanted to see him elected? 


444 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. Hei.lenthal. Objected to as iiiiinaterial. 

A. I don’t know as to that. 

(j. Yon knew .Mr. Hil)bs was a very enthusiastic supporter of Mr. Sulzer? 

IMr. Hellentiial. Objected to as inmiaterial. 

A. Yes; I tlunk lie was. 

(>. And Mr. Ilibbs is a very active gentleman in doing everything he con¬ 
siders is right?—A. He is an honest man. 

(j. Well, he is very assiduous in the discharge of what he thinks is right?—- 
A. Well, I tidnk IMr. Hihhs is an honest, upright man and believes in doing 
what is right, hut not in intluencing other men. 

(j. Well, he was a very enthusiastic supporter of Mr. Sulzer, wasn’t he?—■ 
A. I’ersonally; only personally. 

(j. And the same you can say of the corps of teachers under him at Kla- 
\\'ock ? 

Mr. Hellentiial. Objected to as immaterial. 

A. I can not say that. 

Q. Wasn’t that true of all the missionaries there at Khiwock?—A. I don't 
know. 

Q. And ]\rr. Bromley?—A. I don't know. 

<j. Wasn’t he a Sulzer suiiporter?—A. I don’t know. 

Q. Now, Lopp was a strong Sulzer sympathizer, wasn’t he? 

]Mr. Hellentiial. Objected to as immaterial. 

A. I can not say as to that. 

(). He traveled together with Sulzer from time to time? 

Mr. Hellentiial. Objected to as immaterial. 

A. Not that I know of. 

(j. Wasn’t he and Sulzer visitors at Hydahiirg occasionally together?— 
A. When Hydahurg was first built iMr. Lopp hired IMr, Sulzer's boat, the Lydia. 
IMr. Sulzer, as captain, brought him down to Hydahurg. That is the only time 
that T know when Sulzer and Lopj) were together in Hydahurg. 

Q. T>idn't Sulzer come over there and make speeches occasionally for the 
natives?—A. He never came to Hydahurg except when he was Lnited States 
commissioner he came down to hold court, which he did. 

(j. He was United States commissioner at Sulzer and would go down to 
Hydahurg to hold court?—A. Occasionally. 

Q. That was before they organized that Indian town?—A. Yes, sir. 

O- Now, Sulzer was the man who introduced this hill in the legislature per¬ 
mitting the natives to organize this Indian town government? 

Mr. Hellentiial. Ohjecteil to as immaterial. 

A. I believe he did. 

Q. You know, as a matter of fact, he did?—A. Yes, sir. 

Q. He prepared it and introduced it and put it through, isn’t that a fact?—■ 
A. I don’t know. 

(j. He put it tln-ough the legislature? He was one of the most enthusiastic 
supporters of that hill, wasn’t he?—A. I wasn't here at the time. 

Q. No part of the time?—A. No; not in .Tiineau. 

Q. Well, you talked with him at other ])laces about that hill, didn’t you? 

Mr. Hellentiial. Objected to as immaterial. 

Q. You talked with liim about this hill i)erniitting the Imlians to organize 
^onie town government of their own?—A. No; I don’t reniemher of having any 
talk with him on that. 

(). You never talked with him aiiout that’?—A. Not that I recall. 

(j. Who did you talk with about that hill? 

Mr. Hellentiial. Ohjecteil to as immaterial. 

A. I don’t remember talking with anyliody about that. 

Cj. Weren’t you assisting in getting the legislature to enact the law iiermit- 
ting the Indians to organize some town government of their own?—A. No, sir. 

Q. You reniemher when the legislature of 1915 enacted that law?—A. Yes, sir. 

Q. Wei’e you in any way instrumental in getting that law passeil?—A. No, sir. 

Q. Did you r(H‘ommend it oi- not recommend it’?—A. I don’t think I took any 
interest one way or the other in it. 1 was in Hydahurg at that time. 

Q. You had charge of the bureau of educati(Hi at Hydahurg at that time?— 
A. Yes; I was teacher there. 

Q. You were aware of the passage of that act known as chapter 11 of the 
session laws of the Territory of Alaska for 1915?—A. Yes, sir. 


WICKEKSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 445 


(}. And after that act was passed you took stej^s to liave tlie natives at 
lljdabiiri^ orjxanize a town groverinnent under that?—A, The tc)wn government 
was organized pi-ior to tliat. 

Q. L nder what law?—A. Tliere wasn’t any special act it was organized 
under; just coinnion consent. 

Q. Just ordinary consent government by the Indians?—A. Consent by the 
governed, the people themselves. 

Q. 1 he people themselves, without any special legislation on the subject, 
organized a sort of consent government?—A. Yes, sir. 

i}. And enacted rules which they agreed to abide by?—A. Yes, sir. 

(2. I ntil this law of 1915 was enacted. Did you then incorporate under 
that?—A. Then we followed that; yes, sir. 

Q. And you notice that that law provides that no one can be an elector there 
except one who is a member or descendant of members of the Thlinget, 
Tsimpsean, or Hydah people, or people belonging to other Alaska Indian 
tribes? 

INIr. Hellenthal. I object to that. The law speaks for itself. 

A. Yes, sir. 

Q. And that rule you followed and allowed no one else to vote?—A. There 
was no one else to vote in that town excepting this one white man who was 
living there and, as a matter of course, he voted. 

Q. He voted, did he?—A. Yes, sir. 

Q. How did he happen to get permission to vote?—A. By coinmon consent; 
he just took it; he was living in the town and voted. 

Q. Who was that white man?—A. .John Meyers. 

Q. Is he the baker?—A. He is the baker; yes, sir. 

Q. Did you get him to come there to show tbem how to bake?—A. He didn’t 
need to; they knew how to bake before he came. 

Q. He was running a bakery, though?—A. No; not running a bakery. He 
was a baker, however, up there. 

(}. What was he doing?—A. .Inst living there. 

Q. Was he living with any native woman there?—A. Not now. 

Q. He was at that time?—A. He had a wife living at that time. 

Q. A native woman?—A. Yes, sir. 

Q. He has remained there 'since she went away?—A. Since her death. 

Q. He was a sort of an adojEed citizen of the Hydah Tribe?—A. No; he just 
found a native girl and liked her and married her and came where her 
home was. 

-Q. Now, you are aware of the amendment to that act. chapter 25 of the 
Session Laws of the Territory of Alaska for 1917, undertaking to interpret the 
prior act to the effect that the Indian town government has no jurisdiction 
over white residents residing within the corporate limits of the village? 

Mr. Hellenthal. Objected to; the law speaks for itself. 

A. I know every l)it. 

Q. The white people objected in various parts of Alaska to be governed by 
the Indians?—A. Just one white town. 

Q. AVhich one was that?—A. The town of Hoonah. 

(}. Now, you knew that there was a general .sentiment among the natives 
of Klawock and Hvdaburg in favor .of Sulzer at the bust general elction in 
1918? 

Mr. Hellenthal. Objected to as immaterial. 

A. No; I don’t know about that. 

(L You knew that he was on friendly terms with most of those natives in 
his neighborhood? 

Mr. Hellenthal. Objected to as immaterial. 

A. 1 know that there was a division among them on account of that fisheries 
bill, and a good many of them were loyal to Wickersham. 

Q. You know, as a matter of fact, that the record shows that a number of 
the Indians from Hydaburg who voted at Sulzer voted for Charles A. Sulzer- 
in the election of 1918? 

Mr. Hellenthal. Objected to as immaterial; the record speaks for itself. 

A. I don’t know about that. 

Q. Now, you are familiar with this resolution adopted by the Indians at a 
meeting held at Klawock, and I want to read it to you and ask you whether 
or not that expre.ssed the sentiment of the Indians, so far as you know it. 


446 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


A RESOLUTION OF THANKS. 


Whereas, the towns and people of Klawock, through their mayor and e<jun- 
cil, through their Government seliool and teachers, especially through 
Prof, and Mrs. llihbs, and through their other organizations, such as the 
pastor and memhers of the I’resbyterian Church, the olhcer in charge and 
members of the Salvation Army, the members of the Klawock Brotherhood, 
the Klawock brass band, and the other organizations, have so kindly wel¬ 
comed us to their homes and provided for our (hiily wants all througli the 
time of our conferences of the school fair; and 
“ Whereas, this school fair has been brought about and encouraged by the 
Alaska division of the United States Bureau of Education, and in many ways, 
through its superintendent and the held ohicers, made this school fair very 
instructive, interesting, and successful; and 
*• Whereas, the friend of the nativ('s of Alaska, the Hon. Charles A. Sulzer, 
Delegate-elect to the next Congress of the United States, has so well pre¬ 
sented the cause and need of an enlightened and educat(*d life as applied 
to the natives of Alaska, under the American hag, in the conference of the 
school fair; be it thei'efore 

"‘Resolved, That we extend to the.se friends and brethren our most healthy 
and sincere thanks, and we wish for them all the success and blessings of 
this life. 

“ Edward Maksden, Metlakatla, 

“ Kalpii Young, ISitka, 

“ (h:oR(.E Haldane, Hydahiu'H, 
“CiiARLEi; S. Newton, Rake, 

•• Cor.iviittcc 0)1 Resolutions 


Now, this represents ti e rentiments of the r.r.tivcs down there, so far as 
Mr. Sulzer is concerned, doesn’t it? 

Mr. Hellentiiai.. 1 cbject to that as immaterial. That speaks for itself. 

A. It does. 

D. And Mr. Suizer attended the fair himself?—A. By rcciiicst; yes, sir. 

(}. Of whom?—A. The coinniittee on arrangement-!. 

Q. Who was that committee?—A. The namts of them? 

Q. Yes.—A. Edward iVIarsden, of Metial:at-a; Herbert LIcrehantson, of 
Metlakatla; George Haldane, or Hydaburg; John Brown, of Hydaburg; V/i*- 
liani Benson, of Klawock; Robert i'eratovieh, of Klawock; Charley Newton, of 
Kake; and the teachers. 

Q. And the teachers at Klawock?—A. Yes, sir. 

Q. And of Hydaburg?—A. Yes, sir. 

Q. Who were the teachers at that time at these two places?—A. At Ilyda* 
burg was IMarius Han.some and C. E. Hibbs, of Klawock. The governor and 
.Judge .leimings were also invited to be present at that fair, but were unable to 


attend. 

Q. Now, how many of the Seattle weekly papers do you suppose come to 
Klawock?—A. About a dozen copies. 

Q. How many magazines come there?—A. I don’t know how many. I just 
noticed the Saturday Evening Post, the Physical Culture, and the Literary 
Digest in the post office there. 

Q. And about the same number at Hydaburg, you think?—A. There are 
more at Hydaburg. 

Q. How many more?—A. Oh, I think double that number. 

Q. Are there many white people coming to Klawock and Hydaburg to 
trade?—A. A good many. 

Q. Fishermen call in there—I mean white ffishermen?—A. Yes, sir. 

Q. And white fishermen get their mail there at both places?—A. Yes, sir. 
The canneries get their mail at those post offices, it being convenient. 

Q. And those fishing boats and cannery tugs call there from time to time?— 
A. Yes, sir. 

Q. At both places?—A. Yes, sir. 

Q. And trade at the store?—A. Yes, sir. 

Q. Now, do you know of any native.s—the natives at either of those villages— 
who sid)scribe for any of those papers?—A. Personally? 

Q. Yes.—A. Yes, sir. 

Q. Who are they?—A. In Hydaburg, .Tack George subscribes for the Thrice 
a Week World, published in New York City: Powell Charles sul)scribes for the 
Kansas City Star; Rufus Edenshaw subscribes for the Pathfinder; George 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 447 


Haldane subseribes for tlie Brooklyn Daily Eagle; and the ones who have the 
Seattle papers, why, they are general; anyone buys them at the store. 

D. Now, who organized this trading company at Hydabiirg? Was that 
organized by the Bureau of Education?—A. It was organized by the stock¬ 
holders themselves. 

Q. B>ut who had charge of it; who had charge of the work of organizing?— 
A. At that time I was teacher there and acted as accountant for the store, 
for the stockholders. 

Q. And you were general adviser in showing them how to organize, weren’t 
you?—A. Yes, sir. 

Q. You acted as bookkeeper, keeping the books for them?—A. Yes, sir. 

Q. And helped them to buy and fix prices?—A. Very little on the buying and 
fixing of ])rices. That was usually left to the storekeeper—practically all to 
the storekeeper. 

Q. Did the Bureau of Education furnish any of the money to finance any of 
the enteiprises there?—A. No, sir. 

Q. Did they furnish any money to help start the sawmill?—A. A loan; it was 
afterwards paid back. 

Q. Tbe Bureau of Education loaned money to finance the sawmill?—A. They 
advanced the money for the sawmill, and at the end of two years it was 
refunded. 

Q. Did the Bureau of Education advance any money for the store?—A. No, 
sir. 

Q. Did the Bureau of Education advance any money for any other enterprises 
there?—A. None. 

Q. Now-A. (Interrupting.) In speaking of those subscriptions, ]Mr. Rust- 

g:ard, I should have mentioned there were several subscribers for the Juneau 
Empire and the Ketchikan Daily IMiner. 

Q. How many subscribers does this native paper called the New Native (Ex¬ 
hibit No. 3) have?—A. Practically every family in town subscribed for it. 

(.}. In Hydaburg?—A. Yes, sir; and, of course, several in Klawock, it being 
lbo ncigh.boring town’s paper; and then copies of it are sent throughout the 
district. 

(,). Could you state approximately what the subscription list of this paper 
amounts tr—tiie nrmbcrV—A. No; I can not. 

O. Thi.s is published for tl;e iHmctit of the Indians of southeastern Alaska?— 
A. By a loeal compar.y of native boys, who b.od bought the outfit from the 
Ketchikan rJiner, and ran it on a rVock com pain y basis. 

I'*. Now, as a represi'ntative of the Bureau of Education, you have been, to- 
j-TCti'-cr with the other scliool-teachcrs in the employ of the Bureau of Education, 
inter(sted in pro.sccuting pc(.ple for giving liquor to Ihe natives prior to the 
hone dry law? 

LIr. IiELLUNTiiAL. I objoct to that. I tliini: it is ratlier far-fetched. 

A. Ihu'sonall.v, I have had no case like that before me. 

Q. Well, haven’t you taken an interest in seeing the law prohibiting the giv¬ 
ing of liquor to Indians enforced?—A. Yes, sir; as a citizen interested in moral 
welfare. 

Q. Now, if anybod.v gave any whisky to any Indian who was a 'resident of 
Hydidmrg or Klawock, why, you would have luni prosecuted for it, wouldn't 
you?—A. No, sir. 

Q. They were prosecuted for those things? 

]Mr. Hellenthal. ^^'e object to that. The records are the best evidence if 
there were such prosecutions. 

A. I have had nothing like that since I have known Hydaburg. 

Q. And have .vou had anything like that since you knew Juneau; that is, 
giving liquor to the natives of Auk Village?—A. It has come to me through the 
regular channels. 

Q. And you thought that prosecution right, didn’t you?—A. I considered it 
light, because he is a man primarily nither than because he is an Indian. 

Q. You knew that until they got the bone-dry hnv for Alaska the courthouse 
here was crowded almost constantly with cases involving the crime of giving 
liquor to Indians? 

Mr. Hellenthal. I object to that as immaterial. 

A. I know there were a good many cases. 

(}. They were going on constantly. Did you ever know of one of those cases 
where the Indian was held to be a citizen?—A. Yes, sir. 

Q. Where?—A, That Tommy Wilson case. 



448 WICKKPvSHAM VS. SULZER, DEC’EASED, AND GRIGSBY. 


Q. Wliere was that?—A. Right here in .Tiiiieaii, I ])elieve, and .Judge Arc- 
tang(‘r defended Tniniiiy Wilson and proved lie liad a right to buy whisky 
because he was a citizen. 

(}. Arctanger defended him?—A. I thiidv so. Am I wrong? 

Mr. Rt\stgaiu). Yes; you are wrong. You mean the Tommy McGee case. 

A. No; the Tommy Wilson case. 

Q. The United States versus Tommy ^McGee of Wrangell, the case went to 
the court of appeals, is that the one?—A. I don't know. 

Q. How long is that since?—A. That was when Mr. W, (i. Reattie was 
superintendent and he testified in Tommy Wilson’s behalf, and I knew of it 
through his telling me there in Hydahurg as to the outcome, which was as I 
stated. 

Where was Tommy' Wilson from?—A. Wrangell, I believe, at that time. 

(}. How many years is that since?—A. It must have been five or six years 
ago. 

Q. Was that during the time T was prosecuting attorney?—A. I don’t know,. 
Mr. Rustgard. 

Was it liefore my time?—A. I don’t know that either. I just know of 
it from ]\Ir. Beattie telling me about his testifying in Tommy Wilson’s behalf. 

Was it a case tried here at .Juneau?—A. I could not tell whether it was 
or not. 

Q. Do you know of another case of the same kind’?^—A. No, sir. 

Q. .Just this one isolated ca.se?—A. Yes, sir. 

(>. But the prosecution for giving liciuor to Indians was very general all 
through the Territory, wasn't it? 

IMr. Hellenthal. Object to that as immaterial and not the best evidence. 

A. I don’t know. 

Q. Now, you said .something about .Jimmie P'ox telling about that he did 
not want to he chief. He didn’t tell that to you, did he?—A. No; he told that 
to his teacher at Douglas. 

Q. And his teacher told you?—A. And his teacher told me about it. 

(,). His uncle was a chief and died, is that it?—A. No; I don’t know as he 
was any real chief. 

Q. Well, was he an unreal chief'?—A. He .seemed to feel he had some in¬ 
fluence he wanted to pass on to his nephew and the nephew refused to take 
them. 

Q. When his uncle died a year ago there was some question as to who was 
going to he his succes.sor or chief, wasn’t there?—A. There was a question; 
yes, sir. 

Q. And the newspapers had it that .Jimmie Fox wanted to he the chief to 
succeed his uncle, that he was elected chief?—A. The paper had a report like 
that which .Jimmie Fox denied. 

Q. To your school-teacher?—A. l"es, sir. 

(}. Now, you said there were some white people living in Indian Town in 
Douglas. Do you know who they are?—A. Yes, sir; Mr. Slade, I think, is his 
name; he u.sed to he United States commissioner at Hoonah—he lives in Ihmglas. 

Q. In Indian Town'?—A. Yes, sir. 

(,). What is his business?—A. Kind of a cariienter. 

(}. Is he married to a native woman?—A. Not that I know of, 

(}. Who else? By the way, how long has he been there?—A. He was there 
when I came to .Juneau in 1916 and his hou.se is just about like the other houses 
of Indians along Indian Street. 

Q. He owns a number of those cabins there?—A. Yes, sir. 

Q. And is renting them to the Indians?—A, Yes, sir, 

Q. Now, who else?—A. I don’t think of the names of others. I don’t know 
the names of others, I have just seen them as I passed. 

Q. As a matter of fact there are only some Syrians there who have a store 
and trade with the native Indians?—A. There are others besides the Syrians 
like George and Myers. 

Q. They are the Syrian traders, George and Myers?^—A. Yes, sir. 

Q. You think there are others'?—A. I think so, 

Q, Well, you know as a matter of fact, ^Ir. Hawkesworth, that there is no 
patent issued by the Government to the land in Auk Village?—A. There is none. 

Q. And you know that as a fact, don’t you?—A. Yes, sir. 

Q. The title to the land is in the Government and the Indians have built 
their houses there, their shacks?—A. And held by the Government for those 
Indians. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 449- 

That is rijjht. And the Bureau of Education lias been looking after the 
rights of those Indians down there as against the white people?—A. Yes, sir. 

Q. And looking after their rights so that nolaidy would encroach upon their 
rights?—A. As they would come and inform us. The Indians themselves would 
come to the superintendent of schools and he would take it up with the proper 
authorities. 

Q. The Bureau of Education, through yourself as one of their agents, also 
made an effort to have the Secretary of the Interior keep the water front in 
front of Auk Village open so they could go hack and forth to their boats—■ 
A. Yes, sir. 

Q. Are you well accpiainted at Ketchikan?—Somewhat. 

Q. Do you know J. K. Sayles? 

Mr. Hei.lenthal. Objected to as not cross-examination. 

A. No, sir. 

Do you know Mr. H. Mather and P; ^Mather? 

INIr. Hellenthal. Objected to as not cross-examination. 

A. Yes, sii‘. 

(}. They live in Ketchikan?—A. I believe so. They have a machine shop 
there. 

Well, they are just as good natives as at Hydahurg. Aren’t they the 
same class of natives? 

Mr. Hellenthal. Object to that as not proper cross-examination. 

A. As far as I know. 

(}. Do you know H. Ridley? 

Mr. Hellenthal. Same objection. 

A. I am not sure about the “H”. I know a Ridley. 

0. Where is he from?—A. From Metlakahtla. 

What is he doing? 

Mr. Hellenthal. Object to that as not proper cross-examination. 

A. He is a gas-hoat man. 

Q. Is he running a ship of some kind there at Ketchikan?—A. Not that I 
know of. 

Q. He is an intelligent native isn’t he?—A. Yes, sir. 

Just as good as if he was a Hydahurg native?—A. It wouldn’t make any 
difference where he was, about his being good. 

Do you know George Booth? 

Mr. Hellenthal. Same objection. 

A. Yes, sir. 

(F He is a particularly intelligent native, isn’t he?—A. Yes, sir. 
i}. And he lives at Ketchikan? 

Mr. Hellenthal. Same objection. 

A. I don’t know whether he lives in Ketchikan or Metlakahtla. 

Q. Do you know his business?—A. No, sir. 

Q. He spends a good deal of time there at Ketchikan, doesn’t he? 

Mr. Hellenthal. Same objection. 

A. I could not say as to that. 

Q. Do you know him personally?—A. I know George Booth. I see him when 
I go down there. 

Q. He is an intelligent native, isn’t he? 

]Mr. Hellenthal. Same objection. 

A. Yes, sir; fair. 

Q. Well, just as good as the best you have got anywhere, isn’t he? 

Mr. Hellenthal. Same objection. 

A. I wouldn’t make any comparison between them. 

i}. You wouldn’t know any special difference between him and the best of 
them ? 

Mr. Hellenthal. Same objection. 

A. I would size him up on his own merits. 

Q. r>o you know Arthur Mathison? 

Mr. Hellenthal. Same objection. 

A. No, I don’t. 

Q. Do you know George Keegan? 

Mr. Hellenthal. Same objection. 

A. No, sir. 

Q. Do you know George Johnson? 

Mr. Hellenthal. Same objection. 


I 0 I 279 —20-29 



450 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


A. No, sir. 

Q. Do yon know Ben Ridley? 

;Mr. Hp:l>lenthal. Same objection. 

A. Yes, sir. 

Q. Now wlio is he?—A. A .vonng fellow from Metlakatla. He was at Met- 
lakatla the last time I was there. 

Q. Doesn’t he live in Ketchikan a good part of the time?—A. I think he 
does, I think he has worked in the sawmill at Ketchikan. 

Q. He is a particularly intelligent native?—A. Yes, sir; and is quite a 
singer. 

(j. He is a vocalist?—A. Yes, sir. 

(j. Do you know Matt Fawcett?—A. No, sir. 

(j. Or L. Hudson? 

Mr. Hellenthal. Same objection. 

A. No, sir. 

Q. Or .Tames Starr? 

Mr. Heelenthal. Same objection. 

A. No, sir. 

Q. Or Ed .Tames? 

IMr. Hellenthae. Same objection. 

A. No, sir. 

<}. Do you know Mrs. T^rank Fiskon? 
iMr. Heeeenthae. Same objection. 

A. No, sir. 

0. Or Philip Mclvay? 

Mr. Heeeenthae. Same objection. 

A. No, sir. \ 

Q. Or .Tames Shields? 

]\Ir. Heeeenthae. Same objection. 

A. No, sir. ! 

Q. Do you know .Toe John? 

IMr. Heeeenthae. Same objection. 

A. No, sir. 

Q. Do you know George Starr?—A. No, sir. 

Q. Or Ed Ridley. ] 

Mr. Heeeenthae. Same objection. 

A. I am not sure that I do. • ; 

Q. Do you know Andy Moses? 

IMr. Heeeenthae. Same objection. 

A. No, sir. 

Q. Do you know George James? 

IMr. Heeeenthae. Same objection. 

A. No, sir. 

Q. Or Robert Young? 

IMr. Heeeenthae. Same objection. 

A. No, sir. 

By Mr. Marshall: 

Q. Mr. Hawkesworth, ordinarily where you people have schools under the 
Bureau of Education you attempt to exercise a good deal of control over the 
natives, do you not?—A. Not exercise control. 

Q. You don’t attempt to control them in any way in their activities in what 
they should do or anything else?—A. Not to arbitrarily exerci.se any control 
only as we can suggest and they choose to follow, knowing that the Indians can 
be led but not driven. 

(j. In establishing schools have you ever had occasion to refuse to establish 
them because the Indians would not comply with your wishes?—A. No, sir. 

Q. Over at Angoon did you have any difficulty of that sort with the Indians?— 
A. No, sir. 

Q. Didn’t you refuse to establish a school there because they wouldn’t move 
somewhere else that you wanted to ])ut them?—A. No, sir. 

Q. You had a conversation with me on that subject at the time I was incor¬ 
porating that'village over there, didn’t you?—A. Y>s, sir. 

Q. What was that conservation, then?—A. The conversation was that the 
Angoon people wanted to incorporate and it has been a question with us for a 
long time whether a school should be started in Angoon or not. Those Angoon 
people have homes in Killisnoo. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 451 


Q. Some of them?—A. Some of them; yes, sir. In fact, they told ns—pretty 
nearly all ot them did—and we had a school at Killisnoo some two and a halt' 
miles away from Angoon, and different ones from Angoon had said that they 
were going to leave Angoon on account of its tribal associations, and we always 
had delayed starting a school there, bnt it has been understood this fall that if 
they really are going to stay in Angoon and make that a permanent town, then 
a school will be established this coming winter. 

Q. lUit, nevertheless, for some four or five years they haven’t had any school 
because they wonldn’t agree to move to .some other place?—A. Not because they 
AA’oiddn’t move to some other place, bnt because they wonldn’t be detinite as to 
their staying in Angoon. 

Q. Well, didn’t many of them refuse to move?—A. I don’t know as to that. 

t}. And didn’t yon attempt to i)ersnade them to move to Fresh Water Bay, 
or something like that?—A. No, sir; I did not. 

Q. And discourage their incorporation under this law because they insisted 
on remaining in Angoon and incorporating there?-—A. No; I didn’t discourage 
them; not in incorporating, either. 

Q. I very pmch misunderstood your remarks at that time then.—A. I wouldn’t 
say anything against a progressive move and you surely did misunderstand me 
if that was the case. 

ISIr. Rustgari). I would like to ask another question. 

Q. Referring to the names of those Indians from Ketchikan that I read off 
to you a little while ago. Would you say that they are just as well qualified 
l<) exercise the right of American citizenship and electors as the other Indians 
you have te.stified to? 

Mr. Hellknthal. I object to that as not proper cross-examination and being 
immaterial. 

A. I am not as well acquainted with those whom I have said I knew from the 
names you read as I am those on the west coast. 

Q. So far as your knowledge of them goes would you say they are just as 
good, just as qualified? 

jMr. Hellenthal. Same objection. 

A. I know so little about how they think, I could not say. 

(). You said here that after they had gone as far as the fifth or sixth grade in 
the native schools the children would go to the public schools here?—A. Yes, 
sir. 

(>. How many of those children have graduated from the native schools to 
the public schools here?—A. There were three. 

Q. Who were the three?—A. Let’s see—Ruth Willard, Elsie Watson, and 
Ar.nie .Tohnson. 

(}. Do you know of anybody else?—A. No; I do not. 

Q. They are the children of those who have taken out their citizenship pa¬ 
pers. Are there any more?—A. Oh, they were in school before their parents 
had taken out their citizenship papers, as I remember it. 

Q. What time did they start in the public schools?—A. This is their second 
year. 

Q. What time did their parents take out their citizenship papers?—A. Harry 
Willard got his last year and I think .Tames Watson got his last year. Their 
going to the public school in Juneau did not depend, however, upon their certifi- 
c-ate, so-called, of citizenship. 

Q. But it depends upon the intelligence of the natives?—A. Yes, sir. 

Q. The Watsons and Willards are exceptionally intelligent natives?—A. I 
wouldn’t say exceptional. 

Mr. Rustgard. That is all. 

Chas. W. Hawkesworth. 

Contestant’s Exhibit A. 

(View from church door, xVuk AJllage, Juneau, Alaska, September 29, 1919. 
Omitted in printing.) 

Contestant’s Exhibit B. 

(Indian town, Douglas, Alaska. Omitted in printing.) 

Contestant’s Exhibit C. 


(View center of Auk Village, Juneau, Alaska, September 29, 1919. Omitted 
in printing.) 


452 WIC’KERSHAM VS. SULZER, I)E('P:ASED, AND GRIGSBY. 


(Contestant’s Exhibit D, 

DEMOCKATIC SAMPLE BALLOT, FIRST JUDICIAL DIVISION. 

]Mark “ X ” in the squares at the left of the name of the candidate for whom; 
you desire to vote. If names of candidates for whom yon desire to vote do not 
appear on the ballot, insert with pencil in blank spaces. 


1 

For Delegate to Congress 
(vote for one). 

Designation of party 
by which nominated. 

i 

X 

Connolly Francis. 

Sulzer, Charles A. 

Wickersham, James. 

Socialist. 

Democratic. 

Republican. 


i 

For Territorial Senator (vote for one). 

1 

X 

Britt, William. 

Democratic. 


.lohansen, Crist. 

Russell. Ed. C. 

Socialist. 


For Territorial Representative (vote for four). 

X 

Casev, W. W. 

Democratic. 

X 

Conildrs, James J. 

Democratic. 


Davies, John H .. 

Republican. 


Hofstad, 1. M. 

Socialist. 


McCormack, Peter C. 

Shepard, IT. R. 

Republican. 

X 

Sowerby, Isaac. 

Democratic. 

X 

White. E. J. 

Winn. Grover C. 

Democratic. 


For Road Commissioner, First Judicial Division of the Territory 
of Alaska (vote for one). 


Arness, Olaf. 

Socialist. 

X 

Wilev, Perrv J. 

Democratic. 

Wilson, Jack. 





Note.—T he names on this sample ballot having an “ X” in front are the Democratic candidates, all of 
whom stand for the government of Alaska by Alaskans. Take this sample ballot to the polling place and 
when you receive your official ballot mark ah “ X” on it where this sample is marked. 

Contestant’s Exhibit E. 

[Territory of Alaska, Office of Secretary, .Tuneaii, Alaska.] 

CHAPTER 24. 

An Act (S. B. 21) to define and establish status of certain native Indians within the 

Territory of Alaska. 

Be it enacted 'by the Legislature of the Territory of Alaska: 

Section 1. Every native Indian horn within the limits of the Territory of 
Alaska ,and who has severed all trilial relationship and adopted the habits 
of a civilized life in accordance with section G, chapter 119, Twenty-fourth 
Statutes at Large 390, may, after the passage and approval of this act, have 
the fact of his citizenship definitely established by complying with the terms 
hereafter set forth. 

Sec. 2. Every native Indian of the Territory of Alaska who shall desire a 
certificate of his citizenship shall first make application to a United States 
Government, Territorial or municipal school, and shall be suh.1ected to an 
examination by a majority of the teachers of such school as to his or her 
qualification and claims for citizenship. Such examination shall broadly cover 
the general qualifications of the aiiplicant as to an intelligent exercise of the 
obligations of suffrage, a total abandonment of any tribal customs or relation- 











































WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 453 

ship, and the facts regarding the applicant’s adoption of the habits of a 
civilized life. 

Sec. 3. Any native Indian of the Territory of Alaska who shall obtain a 
certificate in accordance with section 2 of this act, which certificate shall 
set forth that a proper examination has been duly held and the applicant 
found to have abandoned all tribal customs and relationship, to have adopted 
the ways and habits of a civilized life and to be properly qualified to intelli¬ 
gently exercise the obligations of an elector in the Territory of Alaska, shall 
thereupon obtain an indorsement upon said certificate by at least tive white 
citizens of the United States who have been permanent residents of Alaska for 
at least one year, who were not members of the examining board as provided 
in section 2 to the effect that such citizens have been personally acquainted 
with the life and habits of such Indian for a period of at least one year, and 
that in their best judgment such Indian has abandoned all tribal customs and 
relationship, has adopted the ways and habits of a civilized life, and is duly 
qualified to exercise the rights, privileges, and obligatons of ctizenship. 

Sec. 4. UiHui securing such certiticate as provided by sections 2 and 3 of 
this act properly signed in ink, the applicant shall forward the same together 
with an oath duly acknowledged to the effect that such applicant forever re¬ 
nounces all tribal customs and relationship, to the United States district court 
for the division in which the applicant resides praying for the granting of a 
certiticate of citizenship. 

Sec. 5. Upon receiving such application the judge of the district court shall 
set a day of hearing on such application, which shall not be less than 60 days 
from the date of receipt of such application, whereupon the clerk of the dis¬ 
trict court shall post a notice in his ottice containing the name of the applicant 
and the facts set forth in his application, and the date set for the hearing 
upon the application, and shall immediately forward a copy of such notice to 
the applicant, whereupon the applicant shall post such notice or a copy thereof 
in a consicuous place at the post office nearest to his or her residence. 

Sec. 6. Upon approval of such application by the judge of the United States* 
district court for the division in which the applicant resides, the said judge 
shall issue a certificate, certifying that due proof has been made to him that 
the said applicant is “ an Indian born within the territorial limits of the United 
States and that he has voluntarily taken iq), within said limits, his residence 
separate and apart from any tribe of Indians Ihereiti, and has adopted the 
lial)its of civilized life.” Said certificate, when presented in court or other- 
Avise, shall be taken and considered as priiiia Dicie evidence of the truth of the 
statements therein contained. 

Approved, April 27, 1915. 


Contestant’s Exhibit F. 

Executive Order No. 155.5. 

It is hereby ordered that the following land and water surfaces within the 
Tongass National Forest, surrounding the village of Hydaburg in Alaska, be 
and the same are hereby reserved, sul)ject to any vestecl rights, for use of the 
Ilydah tribe of Indians and such «)f the natives of Alaska as may settle within 
the limits of the reservation, viz: 

Beginning at a large rock situated at the line of high tide and a few feet 
north of the sawmill in the village of Hydaburg on the west coast of Prince 
of Wales Island, at approximately 55° 12' north latitude and 132° 48' west 
longitude, and at a ci-oss chiseled on said rock, and running thence east 140 
<*hains to a point for the middle of the east boundary of the reservation; 
thence north 140 chains to a point for the northeast corner; thence west 279.60 
ohains on land and the water of Sukkwan Strait to a point for the northwest 
■corner; thence .south 280 chains on said strait and on land to a point for the 
southwest corner; thence east 280 chains on .said strait and on land to a point 
•for the southeast corner; thence north on the east boundary 140 chains to a 
point east of the place of beginning, including a tract 12.24 .square miles (7,833.6 
acres) with all islands and parts of i.slands within said boundary, as represented 
upon a diagram ^ accompanying this order and made a part hereof. 

Wm. H. Taft. 

The White House, June 19 , 1912 . 


‘ Not printed. 








454 WTCKERSHAM VS. SULZKR, 1)E(R<:ASED, AND GRIGSBY. 


Contestant's Exhibit G, 

[Territory of Alaska, Office of Secretary, .Tuneau, Alaska.] 

CHAPTER 11. 

An Act (II. B. 50) to provide for local self-government in certain native villages in the 

Territory of Alaska. 

Be it enacted Juj the LefiisJattire of the Territorji of Alaska: 

Section 1. That any village in the Territory of Alaska, ^Yh<)se inliahitants 
are ineinliers or descendants of ineinhers of the Tldinget, Tsinipsean, or Hydali 
Indian tribes, or otlier native trilies of Alaska, having not less than 40 perma¬ 
nent inliahitants above the age of 21 years, may form a self-governing village 
organization for the purpose of governing certain local affairs, as hereinafter 
described and in the manner hereinafter jirovided. 

Sec. 2. A petition praying for such village organization shall first he pre¬ 
sented to the commissioner, ex-othcio prol)ate jinlge, for the recording district 
in which such village is situated, which petition shall he signed by at least 15 
adult members or descendants of memhers of said Thlinget, Tsinipsean, or 
Hydah Indian tribes, or other native tribes of Alaska, who are bona tide resi¬ 
dents of such village, and shall specify the boundaries and the niimher of in¬ 
habitants of the proposed organized village and shall specify the name by 
which such village is to he known, and such other facts as may tend to show 
good grounds for such organization. The commissioner, ex-otticio probate judge, 
shall thereupon tix a time and place for considering said petition, which time 
shall not he less than 15 nor more tlian 30 days after the date of such order. 
At the time and jilace fixed for considering said petition, the commissioner, 
ex-otiicio probate judge, shall give a reasonable hearing to those who are in 
favor of and those who are opposed to the same, and if he is satisfied that 
it is to the best interests and welfare of such village to he so organized, he 
shall, by an order, so judge; and he may, by the order, change or modify the 
proi)osed lioundaries, which shall in no case embrace more than 040 acres. He 
shall also, by said order, designate the name and the boundaries of the pro¬ 
posed organized village, and the time and iilace, when and where, an election 
shall he held to determine whether the people of the village desire to be so or¬ 
ganized; and he shall also, by said order, appoint three qualified residents of 
such village to act as judges of such election. A copy of said order shall be 
posted at three public places within the limits of the proposed organized village, 
at least 15 days prior to the day of election, and such posting shall be deemed 
a sufficient notice of such election. In case said commissioner, ex-officio pro¬ 
bate judge, shall refuse to consider such petition, or after considering the 
same, shall refuse to make such order, or any order hereinafter provided for, 
the said petitioners may appeal from such action by the commissioner to the 
judge of the district court for the division in which said village is situated, in 
the manner provided by law for appeals from justice’s courts. 

Sec. 8 . That the qualifications of an elector hereunder shall he as follows: 
He or she shall be a member, or descendant of members of the Thlinget, Tsimp- 
sean, or Hydah people, or peojffe belonging to other Alaskan Indian tribes, and 
shall be over 21 years of age, and shall have resided within the limits of the 
village proposed to be organized for a period of six months. 

Sec. 4, That said election shall be by written or printed ballot in the follow¬ 
ing form : 

“For organization of the village (name of village proposed to he organ¬ 
ized) _ ( ) 

“Against the organization of the village of (name of village proposed to 
be organized) _( )'* 

At the same election by separate ballot, 12 of the said members of the village 
shall be elected as councilmen and said council shall have the following powers: 

To make rules and regulations for the conduct of its own proceedings; 

To elect from its membership a mayor, a secretary, a municipal magistrate, 
and a treasurer, all of whom shall serve without pay; and to prescribe their 
duties and the rules by which they shall be governed; 

To pass such ordinances fer the government of the village as shall not be 
in conffict with Federal or Territorial laws, and shall pass ordinances to pre- 
'vent the practice of witchcraft; .... 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 455> 


To levy und collect a poll tax not exceediiiij $3 per annum on all able-bodied 
male residents above 21 and under 50 years of age; 

To levy and collect a tax on dogs, and a general tax not to exceed 1 per 
cent per annum on assessed valuation of houses, boats, and canoes (but all 
household goods shall be exempt from taxation) ; 

To appoint constables and prescribe powers and duties as it may deem 
necessary; 

To provide for the punishment of any violation of its ordinances l)y tine or 
imprisonment in the village jail or both such tine Jind imprisonment, l)ut no- 
such tine shall exceed $20 nor any such imprisonment 5 days; • 

To provide for necessary street improvenients, water supply, tire protection,, 
lights, public health, and relief of destitution and indigents; 

To till vacancies in the council until the time of next election, and to provide 
rules and regulations governing place and conditions of the annual election: 
Provided, That public notice of said election shall be given at least 10 days 
prior to sucb election. 

Tbe commissioners, ex-otlicio probate judges, shall for acts rendered in pur¬ 
suance of this act receive the same fees and commissions as are prescribed 
for similar services wbeh acting as probate judges. 

Approved April 21, 1915. 

Contestant’s Exhibit H. 

[Territory of Alaska, office of the Secretary, Juneau, Alaska.] 


CHAPTER 25. 

An Act (S. B. ,35) to amend chapter 11 of the 1015 Session Laws of Alaska, entitled 

“ An act to provide for local self-government in certain native villages in the Terri¬ 
tory of Alaska,” by adding section 5. 

Be it enacted by the Leyisiatiire of the Territory of Alaska: 

Section 1. That chapter 11 of the 1915 Session Laws of Alaska, entitled “ Ait 
act to [)rovide for local self-government in certain native villages in the Terri¬ 
tory of Alaska,” be. and the same is hereby, amended by adding to said chapter 
one more section, said section to be numbered section 5, and to read as fol¬ 
lows : 

“ Sec. 5. That nothing contained in this act shall be construed or interpreted 
as in any wa.v giving to the village organizations provided for herein any right, 
authority, or jurisdiction over the property of white residents residing within 
the corporate limits of the village; it being the purpose of this act to provide 
governments for the Indian residents of such villages only: Provided, however,. 
That if any white person violates any lawful ordinance of such village he shall 
))e deemed guilty of a misdemeanor and tried before a United States commis¬ 
sioner.” 

Approved ^lay 1, 1917. 


Contestee’s Exhibit No. 1. 

IN THE DISTRICT COURT FOR THE DISTRICT OF ALASKA. 

Division No. -. At -. 

Whereas,-, an Indian born within the territorial limits of the 

United States, has tiled in the otiice of this court his application for a certifi¬ 

cate, under chapter 24 of the acts of the Legislature of the Territory of Alaska,, 
entitled “ An act to define and establish the political status of certain native In¬ 
dians within the Territory of Alaska,” approved April 29, 1915, which said appli¬ 
cation was accompanied by the certificate of a majority of the teachers “ of a 
United States Government, Territorial, or municipal school ” and by the in¬ 
dorsement of five reputable citizens, and by said applicant’s oatb, and 

Whereas, due notice has been given of said application and of the hearing 
thereon, as by law required, upon which hearing said application was duly ap¬ 
proved by me. 

Now, therefore, this is to certify tbat due proof has been made to me that the 

applicant-, is “an Indian born within the territorial limits of the 








456 


WK’KERSHAM VS. SULZP:R, DPX’EASED, AND GRIGSBY. 


United Stutes, and that he lias volnntarily taken np within said limits Ids resi¬ 
dence, separate and apart from any tribe of Indians therein, and has adopted 
the haliits of civilized life.” 

Witness my hand and the seal of said court this-day of -, Ih—. 

U. S. Disirict JuOfie for Aloska, District No. 1. 
(’ontkstee’s Exhibit No. '1. 

* Executive Order No. Ih'iO. 

It is hereby oi’dered that the tract of land in Alaska, desci-ihed as follows, 
in and snrronndin^ the native villafje of Klawak, and within the Tonpiss 
National Forest, he and the same is hereby I'eserved, subject to any vested 
rights existing, for the use of the Uniteil States Bureau of Education and of 
the natives of indigenous Alaskan race who may there reside, viz : 

Dcscriptimi .—Beginning at a ixiint on the shore of the salt hay or mouth of 
Klawak Stream, 114 links south of a post marked U. S. I. R. 1, which is a wit¬ 
ness said point on shore and stands about 30 chains eastward from Klawak 
village; thence northerly by a marked line .YS.49 chains to a point on the shore 
of Klawak Harbor, which is 30 links north of a witness post marked U. S. I. K. 
2; thence westerly along the shore, and then around the peninsula at the mean 
high-tide mark to point for corner No. 1, the place of beginning; situated ap¬ 
proximately in latitude 55° 33' north, longitude 133° 06' west, and estimated to 
eontain 230 acres; as represented upon a diagram^ accompanying this order and 
made a part thereof. 

^^"OODROW Wilson. 

The White House, April 21, 191'/. 

Contestee’s Exhibit No. 3. 

(Copy of the New Native, March 28, 1910, Omitted in printing.) 


1’nitei) States of America, 

Territorii of Alaska, First Dirision, ss. 

I, D. B. Chace, a notary public in and for the Territory of Alaska, do hereby 
-certify that iiursuant to the annexed notices at the time and place mentioned 
therein, to wit: at the office of Hellenthal & Hellanthal, in .Tuneau, Alaska, 
at 4 o’clock 1 ). m. of the 27th day of Seiitemher, 1919, personally appeared 
before me .Tames Wickersham, contestant, and .Tolm Rustgard and .Tohn 
B. Marshall, his attorneys, (leorge B.i Grigsby, contestee, and .Tohn R. 
Winn and .1. A. Hellenthal, his attorneys, and Steve Regan, Seward Kunz, 
•Olaf T. Thoresen, J. W. Bell, George Demmert, David Waggoner, and 
Charles W. Hawkesworth, witnesses on behalf of the contestee; that at said 
time and place contestant objected to the taking of the testimony of any of 
the witnesses at this time on the ground that sufficient time had not been given ; 
that it was then and there stipulated and agreed by and between contestant and 
contestee that all objections with reference to the time of serving notice were 
Avaived with reference to the following-named witnesses: Steve Ragan. Seward 
Kunz, Olaf Thoresen, .T. W. Bell, George Demmert, David Waggoner, and 
Charles W. Hawkesworth, whose testimony might be taken at the office of 
Hellenthal & Hellenthal on Tuesday, the 30th day of September, 1919, at the 
liour of 8 o’clock p. m., without the service of furthei* notice and that continu¬ 
ance might be had from time to time thereafter until the testimony had all been 
taken. 

That on said 30th day of September, 1919, at the hour of 8 o’clock p. m. at 
the office of Hellenthal & Hellenthal, personally appeared before me said con¬ 
testant and contestee, together with their said attorneys and Steve Ragan, Sew¬ 
ard Kunz, Olaf Thoresen, .T. W. Bell, George Demmert, David Waggoner, and 
Charles W. Hawkesworth, witnesses on behalf of said contestee; that each of 
said witnesses were duly sworn by me to tell the truth, the whole truth, and 
nothing but the truth in the above-entitled matter; that their testimony was 
then taken down by me in shorthand at the times mentioned in the foregoing 


»Not printed. 







WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


457 


transcript: same beinjr completed on the 1st day of October, 1919; that said 
depositions were tliereafter reduced l)y me to tyjjewritinf; and when completed 
were carefully read over by said witnesses and bv them subscribed in mv pres¬ 
ence : that owinj? to the departure of the witness Steve Ragan, Mr. Marshall, 
appearing on behalf of the cmitestant, waived the signing of the deposition of 
said Steve Ragan ; 

That the exhibits attached to these depositions marked contestee’s Exhibits 
Nos. 1. 2, and 8, and contestant’s Exhibits A, B, C, D, p], F, G, and H, are the 
identical exhibits introduced and offered at the taking of said testimony. 

In witness whereof I have hereunto set my hand and affixed my notarial seal 
this 11th day of October, 1919. 

[sEAL.l D. B. Chace, 

Notarif Puhlic in anil for the Territory of A1(tf<Jxa, residiny at Juneau, Alaska. 

]My commission expires May 12, 1921. 


To the ahore-nani'ul eontrstant. Janies Wiekershani, and hi.<< attorneys, John 

Rustyard and John B. Marshall: 

Take notice, that before Will H. Winston, a notary public, at said notary's 
office in Ketchikan, Alaska, on .Saturday, the 11th day of October, 1919, be¬ 
ginning at 10 o’clock a. m. of that day and thence continuing until completed, 
the contestee. George B. Grigsby, will take the depositions of the following 
witnesses residing at Ketchikan, Alaska, to wit: J. E. Sayles, :Mrs. .T. E. Sayles. 
Mrs. Ida Hannan. W. II. Hannan. .lolin Goodart, .1. Shaver. A. Holmberg, Henry 
Shafer, H. Mather. P. IMather. PI. IDdley, George Booth, Arthur Mathisou, George 
Keeghau. George .lolmson. Ben Ridley. Matt Fawcett, 1^. Hudson, .lames Starr, 
Ed. James, Mrs. Fi'ank Fiskon, Phili]) McKay, James Shields, George Starr, 
Joe .loliu, Ed. Ridley, Andy Moses. George .lames, Robert Young, Nellie L. 
Thomas, .1. W. Eastman. Charles Starish, George C. Williams, and George B. 
Grigsby. 

Dated tins 1st day October. 1919. 

George B. Grigsby, Contestee. 

Service of the foregoing notice admitted this 1st day of October, 1919. 

John Rustgard, 


To the ahore-namrd contestant, James Wiekershain, and his attorneys, John 

Rustyard and John B. Marshall: 

Take notice that before AVill H. AVinston, a notary public, at said notary's 
office in Ketchikan, Alaska, on AA'ednesday, the Stli day of October, 1919 i>e- 
ginning at 10 o’clock a. m. of that day and thence continuing until completed, 
the contestee, George B. Grigsby, will take the depositions of the following wit¬ 
nesses. to wit: H. R. Raffelson. Sam Olson, Charles r)ei)pe. f’apt, Dibrell, 
.loe Sta.rr, the said H. IP Raffelson being a resident of Sulzer, Alaska, the re¬ 
maining aforesaid persons residents of Ketchikan. Alaska: also the deposition 
of AA'alter Sharpe, of Ketchikan, Alaska ; AAP H. Hannan and Airs. AAb H. Han¬ 
nan, of Ketchikan, Alaska. 

Dated this 6th day of October, 1919. 

George B. Grigsby, Contestee. 

Service of the foregoing notice admitted this 6th day of October, 1919. 

James AATckersiiam. 


To the ahore-nained contestant, James MHeker.Miain, and his attorneys, John 

Rustyard and John B. Marshall: 

Take notice, that before AAall H. AA'inston, a notary public, at said notary's 
office in Ketchikan. Alaska, on Saturday, the 11th day of October, 1919, begin¬ 
ning at 10 o’clock a. m. of that day, and thence continuing until completed, 
the contestee, George B. Grigsby, will take the depositions of the following wit- 
nes.ses residing at Ketchikan, Alaska, to wit: Alax Fau.st, AAP F. Alahoney, 
A\’'alter Sharpe, Pkl Austin, E. A. Heath, and of James AATckersiiam, residing 
at Fairbanks, Alaska, and George B. Grigsliy, residing at .Iiineau, Alaska. 

Dated this 9th day of October, 1919. 

George G, Grigsby, Contesfeex 

Service of the foregoing notice admitted this 9th day of October, 1919. 

.Tames AATckersham. 


458 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


To the above-named eontestant, James Wiekersham, and his attovneys, John 

Rnstyard and John Ji. Marshall: 

Take notice, tliat befofe AVill H. Winston, a notary public at said notary’s 
office in Ketchikan, Alaska, on Wednesday the loth day of October, 11)11), be- 
jrinnin^ at Id o’clock a. in. of that day and thence continuing until completed, 
the contestee, George K. Grigsby, will take the depositions of the following^ 
witnesses residing at Ketchikan, Alaska, to wit: AVm. Mahoney and ^Valte^ 
Sharpe, and of the following residing at Juneau, Alaska, to wit: George K. 
Grigsby and J. Bell. 

Dated this 18th day of Octobei', 11)19. 

George B. Grigsby, Contestee. 

Service of the foregoing notice admitted this 13th day of October, 1919. 

James Wickersham. 


NOTICE TO take depositions. 

You are hereby notitled that before Will H. Winston, a notary public, of 
Ketchikan, Alaska, at his office in Ketchikan, Alaska, at the hour of 4 p. m, on 
Thursday, the IGth day of October, 1919, the depositions of the following-named 
witnesses will be taken on bebalf of the contestee, George B. Grigsby, to wit: 
Jim Wallace, Walter Frank, Itufus Edenso, Jim Edenso, George Charles, Charles- 
Scott, Fred Grant. 

All of the aforesaid i)ersons being residents of Hydaburg, Alaska. Iiated 
October 15, 1919. 

George B. Grigsby, Contestee. 

Service of the foregoing notice admitted this 15th day of October, 1919. 

United States of America, 

Territory of Alaska, ss: 

George B. Grigsby being first duly sworn, on oath deposes and sa.vs: That he 
is a citizen of the United States of America over the age of 21 years; that on 
the 15th day of October, 1919, he served a true and correct copy of the notice 
herein upon the said James Wickersham, personally, by delivering the said 
copy here(d‘ to the said James Wickersham at 1 o’clock p. m. in Ketchikan,. 
Alaska, on the aforementioned date. 

George B. Grigsby. 

Subscribed and sworn to before me this 15th day of October, 1919. 

[seal.] Will H. Winston, 

Xotary Public in and for the Territory of Alaska. 

My commission expires June 12, 1921. 

Ketchikan, Alaska, October 8, 1919. 

Ihirsuant to the foregoing attached notices to take depositions, the matter of 
the taking of testimony in behalf of George B. Grigsby, contestee, in tlie con¬ 
tested delegate election case pending before the House of Representatives of 
the United States Gongress, came up before Will H. AVinston, a notary public, 
in his office, at Ketchikan, Alaska. 

I’resent: The said Will H. Winston; the contestant, James Wickersham, in 
person and also rei)resented by his attorney, A. G. Shoup, and the contestee, 
George B. Grigsby, in person, as well as being represented by his attorney,. 
Charles H. Cosgrove. 

Hearings commenced at 10.10 a. m. of the above date. 

DEPOSITION OF W. H. HANNUM. 

W. H. HANNUM, duly sworn by notary public. 

By Attorney Cosgrove: 

(F Where do you live, Mr. Hannum?—A. Ketchikan. 

(}. How long have you lived here?—A. Since May, 1917. 

(F AVhere were you living in November, 1918?—A. In November, 1918, I was 
out to the West CoasUuntil the 20th day of the month. 

(F Of what month?—A. Of November—out on Kuiu Island. 



W1CKP:RSHAM vs. SULZER, decreased, and GRIGSBY. 


459 


Q. Were you in ))usiness here?—A. Yes, sir. 

Were you at that time?—A. Yes, sir. 

Q. \\ liat is your business?—A. Trout Fisheries (.%>., and also in preparation 
or packinj*- of herrinjj;. 

Q. Did you vote at the last delejjate election, Noveinher, 1918?—A. Yes, sir. 

i}. hoin did yo\i vote for?—A. I decline to answer that (piestion. 

Q- If you were accused of votin^^ for Wickershaiii, would you deny it?—A. I 
would neither atfirin nor deny. 

C^. In other words you prefer to observe a mental reticence?—A. INIy con¬ 
tinental rights or constitutional rights. 

(}. And that is the reason is it?—A. I would rather refer it to that. 

(i. \ ou have been in conference with .Judge Wickersham over your present 
attitude .just before coming here?—A. AVell, no; I asked the question if it was 
necessary for me to tell whom I voted for and I was told it wasn’t necessary. 

(„). AA’ho told you; .Judge Wickersham’/—A. Yes, sir. 

Q. And tliat was the advice he gave you’/—A. Yes, sir. 

Q. Now, where were you living in November, 1918, and prior thereto?—A. 
Up here in the Ellis i)ropertj'. 

Q. How long had you been living there?—A. Since -June. 

Q. I believe .vou made annual visits to Alaska for the purpose of engaging 
in the fish industry?—A. IMay I answer that (luestion in my own way? 

Q. I have no objection.—A. In Ahiy, 1917, the Alonson brothers and myself 
organized what is known as the Trout Fisheries Uo. for the purpose of tishing 
trout in the lakes and streams of southeastern Alaska and we were incoi’po- 
rated under the laws of Washington and the permits from AVashington, D. C., 
called for operation in southeastern Alaska, in tlie lakes, rivers, and streams, 
and since I engaged in that business, have had no other business outside of 
part owner and manager of the herring packing, salmon industry, and trout 
industry, all of which have been centered in southeastern Alaska. Aly trips 
which I made from Ketcliikan t<> the eastern part of the United States and 
in Seattle were all contiguous and appeilaining to my business in the North, 
and I have at all times considered my residency in the North and each and 
every time I luive visited outside I have merely taken apartments from point 
to point, owned no home in Seattle or anywhere else in the United States of 
America, and during the time of all those visits mentioned, all m.v efforts 
were built upon the oi)eration in the Nortli, of our business. That is my 
answer, that is the best I know how. 

Q. Before coming to Ketchikan to take up your residence as you state, where 
did you live?—A. Part of the time I was living in Ualifornia and part of the 
time in Seattle. 

(.}. How long did you live in Seattle just prior to coming to Alaska?—A. As 
I reniemher it, I think I arrived in Seattle from AAh)odland, Calif, in Ma.v, 191.5. 

(N Hid you live there from that time continuously until you came up to 
Alaska’/—A. Yes, until I organized that company. 

(^. I suppose you voted in Seattle?—A. I did. 

(N Have you voted in Seattle since November, 1918?-—^A. No, sir. 

(N AAdien was the last time you went south from Ketchikan?—A. On the 26tli 
day of last November. 

Q. And wlien did you return to Ketchikan?—A. I returned this .year, 1919. 
I returned here on the 17th, I think it was, of August, yes; 17th or 18th. 

Q. AAdiere was your family during that time?—A. Aly family were in Seattle 
part of the time and part of the time in California visiting and attending m.v 
wife’s mother; she was very near death’s door and slie went down there to 
look after lier. 

(N I understand .vou never owned a home anywhere?—A. No. 

(N Always rented?—A. Yes, sii*. 

Q. Even where yon had a residence?—A. Always rented the residence. 

By Attorney Grigsby : 

Q. Is your name Hannon or Hannum’/—[AVitness spells it:l H-a-n-n-u-m. 

Q. A5)n voted in Hadley last November?—A. No, sir; right here in Ketchikan. 

Q. Did IMr. AATckersliam advise you that you didn’t liave to tell for whom 
you voted?—A. I asked him the question. 

Q. AATien?—A. I think it was Saturday evening. 

Q. AAliere?—A. In tlie Revilla Hotel. 

Q. .Inst exactly what did yon say to him?—A. I said is it necessary for me 
to tell for whom I voted, and lie said it is not. 


460 WK^vEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

C^. Did you liave an eiipi^eiiieiit to meet him at tliat time?—A. I did not. 

<i. Did he send for yon?—A. No. 

Q. What is the reason you don’t want to tell for whom you voted?—A. I 
would like to reserve that rif^ht. 

(). You have told other people for whom you voted?—A. I think perhaps I 
might have. 

Q. You didn’t keep your sentiments about the election secret when it was 
going on?—A. That would he a matter of hearsay so far as that is concerned. 

Your reason for refusing to tell how you voted is because you are afraid 
the matter will hurt Mr. Wickersham in tliis contest?—A. No. 

Q. What is it?—A. 1 am not going to state. 

Q. You won’t tell your reason, you refuse to tell your reason?—A. I refuse 
by right—ihy constitutional riglit. 

Q. How do you know it is a con.stitutional right—who told you that?—A. 

I liave known tliat since I was 21 years of age, I guess. 

Q. AVhen did you first discover it?—A. When the Australian ballot came 
into existence. 

(y Tell how y.ou disc(»V(‘i‘ed it, whether you read it.—A. I don’t know whether 
it was given me by intuition, if it could in that sense. 

Do you not know it to he a fact that ^Ir. Wickersham has advised nian.v 
of the witnesses, if not all witnesses that he has called in this contest, that it 
is their duty under similar circumstances, under which you are testifying, to 
disclose how they voted?—A. He never said so to me. 

Q. Do you know as a fact?—A. I don’t know. 

(}. Do you know that pursuit to that opinion of .Judge Wickersham that my 
attorneys have undei’ such circumstances advised their witnesses to disclose for 
whom they voted?-—A. I don’t know that even. 

Q. If you did know would that make any difference?—A. I don’t think it 
would. 

Q. Is the reason you don’t want to tell for whom you voted because you 
don't want to disclose as a matter of personal privilege or because you don’t 
want to hurt Mr. AVickersham in this contest?—A. .lointly so. 

Q. R(dh?—A. Yes. 

Q. When did you last vote in Seattle, Mr. Hannum?—A. I think it was in the 
spring of 11)10 if 1 remember correctly. 

Q. Sure about that?—A. I wouldn’t say as to the exact date, it was in 1916, 
when the dry law was voted on. 

(}. Did you vote in Seattle in 1918?—A. No, sir. 

Q. When did you first come to Alaska?—A. 1898; 26th day of August. 

(„). Have you been here continuously every year since then?—A. No. 

Q. AVhen did you first come to Ketchikan?—A. In May, 1917. I have been 
through Ketchikan going into the interior for a number of years previous, but 
to take up my home liere and to engage in business it was in May, 1817. 

Q. And what is your business?—A. Trout Fisheries business. 

Q. How long did you stay?—A. Until September 26. 

Q. 1917?—A. Yes. sir. 

Drior to May, 1917, how long since you had been in Alaska before then?— 
A. Since October, 1908. 

Q. Al)out nine years?—A. Yes, sir. 

Q. You stayed in Alaska from May, 1917, to September, 1917?—A. Yes, sir. 

Q. Then where did you go?—A. I went to Seattle. 

Q. How long were you there before you returned to Alaska?—A. In April. 

Q. 1918?—A. 1918.' 

Q. And you were here from May to September, 1917 ; where did you reside?—- 
A. In the Kevilla Hotel. 

Q. AAhis your wife with you?—A. No, sir. 

(}. AA’here was your wife living?—A. She was at Fauntleroy Beach, under 
the doctor's care? 

Q. AAdiat State?—A. State of AAhishington. 

Q. So you came up and stopped?—A. Lived here. 

(L From May to September, 1917?—A. Yes, sir. 

Q. And were you in town all the time?—A. Most of the time out on the boat, 
now and then. 

Q. In connection with-?—A. AA’ith my business. 

Q. Had you started business?—A. I'^es, sir. 

Q. AAliat business?—A. Trout fisheries. 

Q, Where were your fisheries?—A. In the waters contiguous to Ketchikan. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 461 


Q. So that it was convenient that you stay right here in Ketchikan ?—A. Yes. 
A Yes went out in September and returned the following April.— 

Q, Have you lived in Ketchikan, then, since?—A. I have lived there. 

\ ^ November and went to Seattle 

and was there tor about six weeks or tw’o months, then went to Chicago and 
Cincinnati and Cleveland- 

• April, 1918—how long did you stay in Ketchikan 

in 1918?—A. Until November 26. 

Q. You weren’t outside during that time at all?—A. No, sir. 

Q. Did you take an interest in the election, Mr. Hamiiim?—A. Yes- I did. 
Q. A partisan activity?—A. More or less; yes. 

(C la w'hose behalf?—A. Judge IVickersham. 


By Judge Wickersham : 

Q. ^Ir. Hannum, j-ou came into the Kevilla Hotel on Saturday night while 
I w-as sitting there?—A. Yes, sir. 

Q. Had I sent for you?—A. No, sir. 

Q. How- did you happen to speak to me at that time?—A. I had known you 
for a good many years; I just approached you as any friend. 

Q. Did you sliow me any papers at that time?—A. Saturday evening? 

Q. Yes.—A. No; I think it was day before yesterday that I showed you the 
subpienas. 

Q. M asn’t it that evening?—A. Possibly it was. 

Q. And just after that we had the conversation you spoke about?—A. Yes, sir. 

Q. Isn’t this what I told you—you asked me something about this examina¬ 
tion, and I told you that Mr. Grigsby’s attorneys had advised the \vitnesses 
that they didn’t have to answer for w-hom they voted?—A. I don’t recall it 
just that w ay; I know I asked you the question w-hether I w as compelled to 
tell who 1 voted for, and you said I wasn’t. I remember you stated something 
about Grigsby, but it went out of my head, because I had no particular interest 
for Mr. Grigsby, and I don’t recall the exact w-ords. 

Q. Now-, I haven’t objected to anybody’s telling how- they voted, and I don’t 
object to your saying how- you voted, and I leave it entirely up to you; and 
if you want to tell I don’t want to make any objection to your telling how 
you voted on November 5, 1918, for Delegate; it is up to you, not to me.—A. 
Well, I decline to tell. 

Q. You say that in 1916 you formed a corporation for the purpose of doing 
fishing in Alaska?—A. 1917. 

Q. And when did you come to Alaska in pursuance to that business?—A. I 
left the same month, month of May. 

Q. And have you conducted the l)usiness ever since?—A. Yes. 

Q. From what place?—A. From here. 

Q. And how- much of the time have you remained here in pursuance to that 
business?—A. I should judge about little better than one-half the time. 

Q. Wlien you have been gone from here w-hat business have you been gone 
on?—A. This same business. 

Q. IVhere has it taken you to?—A. Took me east as w-ell as Seattle. 

Q. Have you had a residence anyw-here else than in Ketchikan, during that 
period’?—A. Only apartments where my family remained a portion of the time 
I w'as gone east and they afterw-ards w-ent to California. 

Q. Did you go down there to reside?—A. No, sir. 

Q. What did your wife go dow-n to California for?—A. To take care of her 
sick motlier. 

Q. How- long was she there?—A. She left some time in June, I think it was 
on Sunday, and I w'as en route from Chicago; left there on the 7th and arrived 
on the 10th, and I think she left on the 9th for California. I know she was 
gone w-hen I arrived in Seattle. 

Q. Have you maintained or had a home anywdiere else except Ketchikan?— 
A. No, sir. 

Q. Where have you made your residence since May, 1917?—A. I had con¬ 
sidered Ketchikan my residence. 

Q. Have you had any other residence?—A. Nothing, only apartments and 
the summer cal)in at Fauntleroy Beach, for my family. 

Q. Have you voted anywhere else?—A. No, sir. 

Q. Have you continuously conducted your business here since May, 1917?— 
A. I have. 

Q. At all times?—A. Yes, sir. 



462 WIC’KERSHAM VS. SULZER, DECEASED, AKD GRIGSBY. 


Q. Have you liad any business anywhere else except liere?—A. None, what¬ 
soever. 

(i. During the time since 1917 wliere has your personal property been?—A. I 
had most of it here. 

Did you have any anywhere else except what you took along with you, 
as clothes-A. Bedding, took along grips and personal effects. 

Q. As you travel?—A. As I do every year. 

Q. What did you leave here?—A. About ten or twelve thousand dollars 
worth of netting and boats over here. 

(}. Your business?—A. Yes, sir. 

ii. Now you said in answer to Mr. Grigsby that you were on Prince of Wales 
Island in November, 1918?—A. I was. 

cy Where were you November 5, 1918, election day?—A. Here. 

Q. What were you doing over on Prince of Wales Island?—A. We went there 
for the purpose of locating water rights and cannery site and cold-storage 
site. 

Q. In connection with your business?—A. Which I did locate and have the 
rights in possession, located by myself for the Trout Fisheries Co. 

Q. Had you ever voted in Alaska before November 5, 1918?—A. Yes, sir. 

Q. What connection have you had with the Trout Fisheries?—A. I have been 
secretary two years and president one year, 

Q. Where have you voted in Alaska, in what other places?—A, The first time 
Tom Kahl run, the first delegate for Alaska, I think it was in 190G and the 
next time the wet and dry election in Ketchikan, in 1917. 

Q. In the city?—A. In the city. 

By Attorney Cosor.ovi:: 

Q. Does the company maintain an ofhcc hero?—A. Yes, I have an office in 
iny house. 

Q. But there is no office of the coinpraiy hero v.’hcn yon arc not here?—A. 
No, sir. 

(). ^Vllen you leave the Territory do yon still retain your house here?— 
A. No; rented house, always give it up. 

Do you leave any personal belongings licrc in the way of cooking utensils, 
furniture?—A. We rent a furnished house, 

(}, AVhatever you have in tl o Tci'riDu'y dur'ng your tlino h^'ro goo". out ■'vhen 
you go out in the fall?—A. No; I own a one-quarter interest in the Trout 
I'isheries and leave my nets and beats, 

Q. And that business do you leave it in care of a '^usiodian?—A. Yes, sir. 

Q. Are you an official of the corporations?—A. Y'c.s, sir. 

(j. AVhat is your-A. Secretary. 

Q. Isn't it a fact, Mr. Hannum, that you come here each spring just I>efore 
tlie fishing season starts and you leave here each fall just after the fishing 
season is done?—A. I do. 

Q. And the balance of the time you are out of the Territory?—A. Yes; on 
business of the company, though. 

(>. And also your family?—A. Yes. 

And they are not on business for the company?—A. No. 

(]. These nets and equipment of this corporation, they are all corporation 
property, I presume.—A. Y'es. 

(}. None of it owned by you personally?—A. No, sir. 

i). And you have in the company this stock interest?—A. Y'es, sir. 

By .ludge AA'ickersuam ; 

Q. AVere you sick in the spring of 1918?—A. 1919, I was, 

AA'. H, Hannum. 

Subscribed and sworn to before me this 8th day of October, 1919. 

[seal.] AATll H, AA'inston, 

Notary Public. 


deposition of MRS. IDA HANNUM. 

I\Irs. HANNUAI called and sworn by notary. 

By xVttorney Grigsby ; 

Q. AAdiat is your full name?—A. Ida Hannum, 

(}. Did yoii vote on election day, in last November, for Delegate to Congress— 
A. I did. 




WICKERSHAM VS. SULZER, DEC-EASED, AXD GRIGSBY. 463 

Q. I'or Mhoni Rid you vote, ^Nlrs. Huiimim?—A. Well, I think I have the right 
not to answer that question if I don’t care to. 

Q. Last Noveinher, I say; I refer to the election of November 5, 1917; von 
<lont care to tell for whom yon voted?—A. No; I do not. 

(}. Where is yonr residence?—A. In Ketchikan. 

C}. lyhen yon. came to Ketchikan did yon come with yonr hnshand in 1917?— 
A, I did not; I was in ill health and under the doctors’ care and he wouldn’t 
allow me to come. 

Q. hen did yon last vote outside?—A. I think I voted in California, and I 
am not sure whether it was a town election or not; that was the only time I 
ever voted in my life, except in Ketchikan. 

Q. Do yon know when that was?—A. No; I couldn’t tell. 

Q. Was it in 1917?—A. No, sir. 

C}. A\as it before that time?—A. Yes, sir; several years. 

C}, Yon consider Ketchikan yonr home?—A. I do. • 

Q. hen yon came here did you come with the intention of making this yonr 
permanent home, or jnst for the purpose of staying here in connection with yonr 
husband’s business?—I came here with the intention of making it my home as 
long as my husband’s business was here* 

Q. Did yon form an intention in yonr mind at that time to acquire a resi¬ 
dence? Did yon think of it at all in connection with acquiring a legal resi- 
<lence?—A. I don’t understand. 

Q. Did yon consider the proposition whether yon would acquire a legal resi¬ 
dence or not wh^n yon came to Ketchikan?‘—A. I don’t know as I thought 
of it in that way; 1 thonglit I wonhl come here and make my home here, as 
my husband’s business was here and I wanted to l)e with liim. 

Q. And yon naturally thonglit yonr home would be where his was?—A. Yes. 

Q. Where did yon live outside iirior to coming to Ketchikan last?—A. Out at 
Fanntleroy Beach, in Washington. 

C. Have yon any house or furniture out there?—A. I have none. 

O. Have .von any in Ketchikan?—A. No, sir. 

Q. Y*cn don’t possess any household furniture anywhere?—A. I have some in 
Petaluma, Calif. 

O. Have .von a.ry hmwe there?—A. No, sir. 

Q. What is it—stored?—A. Yes. sir. 

O. Did .von live there for awhile?—A. I did in Petaluma. 

di. Did IMr. Ha^’uim?— a. Vos. sm. 

O. Have .von a home the-e?—A. No; rented nlacc. 

O. Yon have no household goods of any kind in Alaska? A. No, sir; except 
lieddi-’T. 

Q. Do .von take t’nat with yon when yon co cut? A. Yes, sir. 

Q. And what is the extent of yonr liedding?—A. Enough for two beds. 

Q. And that is the only household goods yon possess in Alaska?—A. Yes, sir. 

(No cross-examination.) 

Id.\ Hannijm. 

Subscribed and sworn to before me this Sth da.v of October, 1919. 

[seal.] Will H. Winston, 

Notarj/ Public. 

DEPOSITION OF CAPT. W. C. DIBRELL. 

Capt. DIBRELL called and sworn. 

By Attorney Cosgrove: 

Q. What is your name?—A. W. C. Dibrell. 

Q. What is your official position?—A. Superintendent of lighthouses for 
Alaska. 

Q. How long have you been employed in that business?—A. Little over 6 
years. 

Q. Are .von acquainted with INIr. .1. C. Cochran?—xV. Yes, sir. 

Q. Where is Mr. Cochran now, if you know?—A. Scotch Cap light station. 

Q. Is he employed in your department?—A. Yes, sir. 

Q. How long have you known him?—A. A little over a year; a year ago 
last spring. 

(J. Do you know where his residence has been during that time?—A. 
Since then? 

Q. Since you had first known him?—A. He was at the Lincoln Rock light 
station for several months until last spring. In the month of June he was 
transferred to Scotch Cap. 


464 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you know whether or not he is a resident of Ketchikan V—A. Well, I 
don't know dehnitely about that; in the records he gave his residence as 
Ketchikan. 

Judge WicKEKSHAM. I object to that as not the best evidence. 

Attorney Cosgkove. You say in your office recoinls it appears he gave his 
residence as Ketchikan when he entered the service? 

Judge WiCKERsiiAM. I object to that. 

Attorney Cosgrove. We don’t make any objection to your objection; we 
are simply going <ui with the examination ; the record will show your objec¬ 
tion. 

The Witness. It is my opinion. 

Would there be any difficulty in looking it up?—A. We can easil.v produce 
the records. 

(j. Do you know what has been his residence since he entered your employ, 
personally?—A. Since he entered our employ? 

Yes.—A. A\'ell, except I know he has been residing at the light stations 
for the service in Alaska. 

Q. Of necessity, while he is in that service?—A. Yes, sir; in connection with 
his duties. 

(j. Do you know where he has considered his residence to be during all that 
time?—A. No; I couldn’t say. 

Q. What you know, then, is confined to your records?—A. Y"es. 

Q. And that is the extent of your knowledge?—A. Yes, sir. 

Q. And the office headquarters of the department are located here in 
Ketchikan?—A. Yes. 

Q. Would you mind producing the record?—A. No; I can get it; shall I go 
over to the otlice and get it? 

Q. If you would go and get it.—A. Am I excused? 

Q. Yes. 

Attorney Grigsby. While he is gone. Judge Wickersham, we have two natives 
here, Charles Starish and J. C. Starish, both of whom are subpoenaed for 
Saturday; they are anxious to get out of town. If you will consent to it, 
we will examine them this morning? 

Judge Wickersham. I would rather wait until Saturday ; I wasn’t antici¬ 
pating their examination this morning. 

Attorney’ Grigsby. It doesn’t make any difference to me, except it is for the 
convenience of these people. Y’^ou were notified I was going to take their de¬ 
positions on last Saturday? 

Judge Wickersham. Yes; but I received notice from you, dated the Gth of 
October, regarding the taking of certain depositions to-day, and I don’t, of 
course, object to the taking of those. 

Attorney Grigsby. But you do object to the taking of the depositions of 
Charles Starish and J. C. Starish this morning? 

Judge Wickersham. Yes; I think I would rather wait until Saturday, 
when the notice is given. 

Attorney Grigsby (to the natives). Judge Wickersham insists that you 
come next Saturday. 

Judge Wickersham. On advice of my counsel, I will make no objection. 

(Capt. Dibrell returns.) 

By Attorney Cosgrove: 

Q. You have the record?—A. Do you want to inspect it? 

Q. No.—A. This is the application of Mr. Cochran for the keeper’s ex¬ 
amination ; it is sworn to the 19th of Ylarch, 1917, and he gives his residence 
as Territory of Alaska ; length of residence therein, from April 4, apparently, 
1911; county or parish, Ketchikan; length of residence in county or parish, 
six years. He was appointed assistant keeper in the Lighthouse Service, and 
the record shows he entered on duty April 13, 1918, and just before entering 
on duty he was examined by a public health officer in connection with his 
entrance on duty, and that examination was made in Ketchikan, April 9, 1918. 
He also submits a personal question sheet for the information of the Depart¬ 
ment of (Jommerce, and in answer to the question to what his present legal 
voting residence is, he gives Ketchikan, Alaska. 

By Attorney Grigsby : 

Q. What is the date of that?—A. The date of this paper is April 9, 1918.. 
That seems to be about all bearing on this. 


VVU’KERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


465 


Q. When did he enter tlie serviee?—A. Entered on duty April 13. 1918; 
that is tile date his jiay heitan. 

i}. And he has been in tlie service ever since then?—A. Yes; continuously 
ever since. 

.ludjte WiCKEHsnAM. 1 move to strike the evidence of the witness, liecause 
it is not the liest evidence in the (*ase; because it is not the way to prove the 
lejral residence of the man, (V)chran, for voting purpose.s. 

l>.v Attorney (Irigsby : 

Q. Where is he now?—A. Scotch cap light station. 

ti. How far from here?—A. About l,o0() miles, in Unimak Pass, Bering Sea. 

.ludge WicKEKSiiAM. I move to strike the evidence of the witness as not the 
best evidence. 

W. C. Dibrele. 


Subscribed and sworn to before me this 8th day of October, 1919. 

[seal.] ' Wiix H. Winston, 

Notary Public. 


DEPOSITION OF CHARLES STARISH. 


CHAULES STAKISH called and sworn. 

By Attorney Grigsby ; 

Q. What is your name?—A. Charlie Starish. 

By Attorney Cosgrove : 

Q. Where do you live, Charlie?—A. Saxman. 

Q. You Indian?—A, \"es. 

Q. Where is Saxman?—A. Saxman, in the south of here. 

C,). Plow far awa.v?—A. About three-quarters of mile. 

Q. Isn’t Saxman 2 or 3 miles away?—A. I think. 

Q. Isn’t it a little farther than that?—A. I don’t know. 

Q, Were you here in November, last November?—A. Yes. 

Q. You vote that time?—A. Yes. 

Q. Whom did you vote for?—A. Well, I was thinking Wickersham ; I think 
Wickersham. 

Q. Wickersham?—A. Yes; I think so. 

Q. How did you come to vote that time?—A. IMan told me to come over. 

Bob Oliver; I was pass him and .Tudge Stackpole, down there standing, and 

he asked me to come over, and so I come over here. 

Q. Bob Oliver and who else?—A. Harvey Stackpole. 

Q. And the.y told you to come here?—A. Yes. 

Q. Did they come with you?—A. Yes. 

Q. Did they mark your ballot for you? —A. No. 

Q. Who marked .vour paper?—A. Mine. 

Q. You marked it yourself?—A. Yes. 

Q. How did you tind out how to mark your paper?—A. The judge tell 

about; tell me that you mark yourself, and I went in the little room over here. 

Q. Anybody go in with you?—A. No, sir. 

Q. And then j’ou put a mark where they tell you?—A. Yes. 

.Tudge Wickersham. I don’t think that is what the witness said. 

Attorne.v Cosgrove. That is what he said he did. 

.ludge Wickersham. That is what you said he did and he agreed with you 
without thinking. 

Attorney Cosgrove. I am not so certain about that. 

Attorney Cosgrove (to witness). Did anybody tell you where to put the 
mark on the ballot? 

A. No. 

Q. Did they tell you whom to vote for?—A. Yes; they tell about anyone, big 
piece, sheet paper, name on. You are to mark the names that is. 

Q. What did Bob Oliver tell .vou?—A. He didn’t tell anything. He just 
asked me you are vote already—no. You better go over there. 

Q. And did he come up here with you?—A. No; he was here. 

Q. What did he say to you when he come in?—A. He didn’t say anything to 
me. 

Q. What did you do?—A. They just asked me if I go to vote and I say 
yes, and Harvey Stackpole sa.vs here is a man did not vote yet. 


D5I279—20-.30 



466 WICKERSHAM YS. SULZEP., DECREASED, AND GRIGSBY. 


(i. Wliat tribe of Indians do yon belong to, Charlie?—A. Grizzly Hear. 

Attorney Shoup. 1 object to that; lie hasn’t said be belonged to any tribe. 

Attorney (’osgkove. What is the name of your tribe of Indians?—A. Bear. 

Q. Who is your chief? 

Attorney Shoup. I object to tlnit; he hasn’t said lie has any chief. 

The Witness. We IukI one chief, Uncle Sam. 

Q. Do you have a local chief, any chief around here?—A. No, we don’t look 
to another chief; one chief is enough. 

Q. Where is ITncle Sam, this chief you sjieak of; where does he live?—A. 
That was belong to North America. 

Q. And he is the only chief you say you recognize; the only chief your 
tribe has?—A. My head master in Ketchikan. 

Q. Did you talk with anybody idiout this meeting here this morning before 
\ou came up here?—A. No, sir. 

(j. How often do you vote? How many times you vote?—A. Just once. 

C^. And that was last November?—A. Yes. 

i]. Never voted before?—A. Never. 

Q. Harvey Stackpole pretty good friend of yours, too?—A. No; he just asked 
me to come, and so I came. 

Q. And Bob Oliver pretty good friend?—A. No. 

Q. Y'ou belong to the Alaska labor union?—A. Yes. 

(}. AVhen did you join the union?—A. About three years ago now. 

tj. Did you vote here in Ketchikan and live down in Saxman?—A. Y'es. 

Q. Did you live there last November in Saxman?—A. No; I live here; I live 
here in Ketchikan since I quit fishing. I left December 19; I went down 
Saxman. 

Q. You live here now, in Ketchikan, now?—A. To-day. 

Q. At the present time?—A. No. 

Q. Your home in Saxman?—A. l"^es. 

Q. How long your home been in Saxman?—A. Oh, ever since Saxman been—• 
was a town. 

Q. And you lived there ever since?—A. l"es. 

(}. And you were living there last November, too?—A. Y"es. 

Q. 1918?—A. 1918. 

Q. Are you a Clinket Indian?—A. Yes. 

Q. l"ou own a house in Saxman, don’t you, Charlie?—A. I live with my 
mother; I stay with my mother. 

Q. You always lived with her there?—A. Yes. 

Q. Several years, long time?—A. Long time; just the town over there; my 
father built over there. 

Q. You lived there all the time since?—A. Yes. I have got to go out. 

Q. You go out, of course, but that is your home?—A. Yes. 

Q. Last November, that was your home, too; last fall?—A. And December 
time. 

By Attorney Grigsby ; 

Q. Now, Charlie, you remember the election last fall, in November, when 
you voted?—A. Yes. 

Q. Where did you live then?—A. I live here in town. 

Q. Where in town?—A. I stay close [cross] creek; I had house over there. 

Q. Whose house?—A. I don’t know whose it is; one man. 

Q. With some other natives ?—A. No; I have got house; I paid $4 a month. 

<i. How long did you live there, then? How many days?—A. Little over one 
month. 

Q. When did you move in there?—A. I move down Saxman 19th December. 

Q. You moved to Saxman the 19th of December?—A. Y'es. 

Q. And lived in Ketchikan about one month?—A. One month and a half. 

Q. When did you move to Ketchikan; what month?—A. I move down Sax¬ 
man, you mean? 

Q. When did you move to Ketchikan last summer?—A. As soon as I quit 
fishing. 

Q. How long did you live in this house in Ketchikan?—A. One month and 
a half. 

, Q. When did you move out there, 19th of December?—A. 19th of December. 

Q. When did you move into it; into this house down here in Ketchikan?—A. 
T couldn’t understand much. . ■ 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 46V 

Q. A\ hen did you go into the house down here?—A. I have no place to stay; 
iny mother in liOring. 

Q. When did yon go into the house in Ketchikan?—A. I forgot what day. 
Q. Ahoiit the 1st of November?—A. No. Had been in there after election. 

(J. lUit on election day, on the 5th of November, election day, wliere did you 
live?—A. .Japanese Cliarlie’s place. 

Q. In Ivetchkan?—A. In Ketchikan. 

Q. And how long were yon tliei-e?—A. A week and half. 

Q. And before that when* did yon live?—A. Fishing, 
l}. And before tishing?—A. 1 was trolling. 

Q. Before yon went trolling yon lived in Saxman? 

.Iiulge Wk'Keusham. He didn’t say that. 

Attorney Grigsby. Slate your ohj(‘ction. 

.Judge Wtckersham. J want him to tell the story, and not yon. 

Attorney (Jrigsby. Where did yon live, Charlie, before yon went tishing last 
summer? 

A. J was there in Saxman in the wintertime, and the springtime out tishing, 
trolling, and come hack and forth in Ivetchikan. 

By Attorney Shoup: 

Q. Charlie, yon don’t belong to any tribe, recognize any tribal authority, any 
■chief?—A. ]My master in town. 

Q. Any tribal law hind yon, any tribe of Indians got anything to say about 
your government?—A. I don’t know. 

Q. Where did yon go to school, Charlie?—A. Hown Saxman. 

Q. Whose school?—A. Ihiblic school. 

Q. Cnited States run that school?—A. Yes. 

Q. Who did yon work for in the summer?—A. Yes Bay. 

Q. Yes Bay cannery?—A. Yes. 

Q. Are you married?—A. No. 

Q. No wife?—A. No. 

Q. How old are yon?—A. I couldn’t tell. 

Q. xVhont how old?—A. Tattle over 40 years now. 

Q. Can you read I^nglish?—A. Very little bit. 

Q. Can you write?—A. Very little bit. 

Q. When the.v gave you paper here when you voted, that ballot, could you 
read that? What the .judge gave you here when you voted on election day?— 
A. Yes; I see; J read a hit for the names. ;;; •> 

Q. How many people did you vote for that election?—A. .Just one. ‘ ' ' 

Q. Did you vote for anybody for the legislature?—A. No. * '' 

Q. Didn't vote for Heckman; just for Delegate?—A. No. • ’ 

. D ‘ . .A. I 

By Attorney Grigsby : 

(y What is your Indian name?—A. I think you can’t get it. 

(^. You say it?—^A. I Inive got Indian name; my name Kiday; now you 
found out. 

Q. What does that mean?—A. I couldn't tell. What white man got name for; 
they have got name. 

Q. Are you a chief?—A. (Witness laughs.) Since J horn I don't make .$1,000. 
By Attorney Cosgrove : 

Q. This paper you got that you marked, how many names on it?—A. I couldn’t 
tell; about JIO or 40 names ; I don’t know. 

Q. And do you remember some of the names on the paper?—A. I don't know; 
I don’t remember that. 

Q. Where was the name that yoirinarked on the ballot?—A. On the paper? 

Q. Where was Mr. Wickersham's name when you made a mark on it?—A. I 
don’t know exactly ; I forgot that. 

Q. You don’t know what office he was running for?—A. Yes. 
ii. What was the office?—A. AVickersham. 

Q. Wickersham office'?—A. Yes. 

Q. What office was he running for, do you know?—A. No. 

Chas. Starish. 


Subscribed and sworn to before me this 8th day of October, 1919. 

[seal.] Will H. Winston, 

Notary Public. 


468 WK'KERRHAM VS. SULZER, I)E(^EASEI), AND GRIGSBY. 


DEPOSITION OF JIMMIE C. STAKISII. 

.JIMMIE C. STAUISH called and sworn. 

Ky Attorney Guigsby : 

Q. What is your name?—A. .Jimmie C. Starish. 

Q. Where do you liv^^?—A. Saxman. 

i}. How far is that from Ketchikan?—A. Oh, about, pretty close to 
miles from the dock; 2 miles, mayhe. 

Q. From Ketchikan?—A. Might be. 

Q. Did you live in Saxman last Novemher, el<‘ction time?—A. Yes; I was 
down there. 

Q. That was your home?—A. Yes. 

D. Did you vote last Novemher at the delegate election?—A. Yes. 

Q. Who did you vote for?—A. Wickersham. 

Q. Where did you vote?—A. Right here, in Ketchikan. 

Q. In this room?—A. Yes; in this room. 

(,). In Ketchikan?—A Yes; in Ketchikan. 

Q. Do you know what office IMr. Wickersham was running for?—A. What? 

Q. Do you know what othce he was running for?—A. No. 

(}. Who told you to vote?—A. Well, I lieard before that time Wickersham 
is the best for the poor fellows, and that reason I depend on him. 

Q. Who did you hear that from?—A. Oh, lots of my friends talk about when 
on the street. 

Q. Indian boys?—A. No; white people. 

Q. Did you talk to Bob Oliver?—A. No. 

Q. Did Bob Oliver talk to you?—A. No. When I was down in Saxman, 
fellows is George Brown; he came down with George Williams; he is a native 
fellow. He came down here to take me up town to vote and that day, election 
day, so I came up here. Wlien I came up he leave me up at the post office. 
When I came there I see IMr. Dale Hunt and he asked me if I voted and I 
said no and he says you come with me, then, and I come up with him right 

in the room and he went back again. Then they called me at the table to 

vote and when they gave me a paper I read it over again and see him and 
I heard before that, and so I vote Wickersham. 

Q. Can you read?—A. I read a little bit. 

Q. Could you read enough to see his name?—A. Yes. 

Q. Anybody tell you how to mark it?—A. I had a sample before that time. 

Q. Who showed you the sample?—A. They come out, I don’t know who 
gave me that; they had a big pile of samples, how to be marked on it, so 
I seen how to mark by cross. 

Q. Did you have a sample with you when you marked it?—A. 1 had it 
nearly over one days before I mark. 

Q. And you marked just like the sample?—A. .lust one name they had 
marked on it; rest of it has nothing on it. .lust showed this mark and you 
<‘an vote and mark the same thing. 

Q. Who told you that?—A. The book says—the sample says so. 

Q. Are you a Clinket?—A. Yes. 

Q. Have you a chief?—A. No, chief; niust we have chief maybe 2 or 3(X) 
years ago; not this time; we no got one now. 

By .Tudge Wickersham : 

Q. How old are you .Tim?—A. Thirty-eight. 

Q. Was you registered for the xVrmy?—A. Yes; I am registered. 

Q. But you wasn’t in the Army?—A. .lust registered. 

Q. How long did you go to school?—A. Since before Saxman was there; 
little school down here; used to be Chinese house, where the Stednian Hotel is! 

Q. Here in Ketchikan?—A. Yes. 

Q. Did you live in Ketchikan then?—A. No. 

(}. Where was the school?—A. Just about where the Stedman is now. 

(}. And where did you live then?—A. I lived across the creek. 

Q. Here in Ketchikan?—A. Yes. 

Q. How many years?—A. Since I leave flivel Cape Fox Village we canpied 
across the creek, and that year they had a teacher here, so I run in that, too 

Q. How many years did you go to school?—A. I started about 1892 or I 
guess; yes; 1803. 

Q. And how many years did you go to school—one year, two; how nianv 
years?—A. Sometimes I keep my school one month, and my father went over 
hunting, and then I come. I can’t study most of the time 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 469 


Q. And when you come back you went to sclux)! again?—A. When I come 
back some time in December, some times in November, I start in scliool again.* 

Q. Did you ever talk to me before until to-day?—A. No; I was asking some 
of my friends who is Wickersham and Sulzer and never met one of tliem. 

Q. Do you belong to a church?—A. Yes; belong before, but not this time. 

Q. What church?—A. To the Methodist. I am a l*resbyterian in the tirst 
place, when the sch(X)l, it started the same time. 

Q. Now, on election day, November 5, 1919, about one year ago, how long 
before that since you lived in Ketchikan?—A. I was on [over] Cbomley, and 
I came in the 26th of October, and I come down to Saxman. 

Q. How long before that had you been to Ketchikan?—A. Just about that 
time I was down to Saxman ; I never be here that time until the boat came 
after me, so I come up. 

Q. What l)oat came after you?—A, What’s his name. George William’s boafc. 

Q. Charlie Starish, who was just on the witness stand, your brother?—A. 
Yes. 

Q. Is he older than you?—A, He is older than me. 

Q. Did you ever live in a house here in Ketchikan?—A. No. 

Q. Did you live down to Saxman all the time?—A. All the time. 

Q. Never lived here in Ketchikan?—A. No. 

Q. Had no house here?—A. No house here. 

Q. Any people living here; any family living here?—A. No. 

Q. You lived here before Saxman started?—A. Yes. 

Q. What did you go down to Saxman for—to go to school?—A. Yes; there 
was a school there—a public school there. 

Q. You went to school first here in Ketchikan and then went to school in 
Saxman?—A. Yes. 

Q. What do you do for a living—fishing?—A. I do trapping and fishing and 
trolling. 

Q. Do you own a gas boat?—A. Yes. 

Q. What kind of a gas boat?—A. Seine boat. 

Q. How much did it cost?—A. It cost $l,r)()0 in the first place, and I bought 

new engine; I got another $1,000; nearly $3,700 now. 

Q. Have you got papers as captain or engineer?—A. You don’t have to on 
that size boat; just license of the boat. 

Q. Whose license, yours?—A. Yes. 

Q. How many years have you owned the boat?—A. Three now I owned it. 
I owned a bigger boat three years before I had the small boat. 

I>y Attorney (fRiosc.Y: 

Q. Your home is now in Saxman?—A. ]My home since town built in Saxman. 

Q. Ever since the town was built?—A. Yes. 

Q. How many years ago was that?—A. The town was built in 1895, I guess, 

(h 1895?—A. I guess. 

Q. IMore than 20 years ago?—A. INIiist be 20 years ago. 

Q. You have lived there more than 20 years in .Saxman?—A. Yes. 

By .fudge WickersHx^m : 

Q. .Just below here is the town of Saxman?—-A. Yes; about 2 miles; anyway 
boat runs in 17 minutes. 

Q. The boat runs down in 17 minutes?—A. Yes. 

(}. About as far as Charcoal Point?—-A. I don’t know exactly; maybe just 
the same; I do not know; maybe not. 

(>. Where were you born—in Alaska?—A. Yes. 

Q. And your brother was born, Charlie, in Alaska?—A. Yes. 

Jimmie (’. Starish. 

Subscribed and sworn to before me this 8th day of October, 1919. 

I sEAL.] Will H. Winston, Notary' Public. 

DEPOSITION OF H. R. RAFFELSON. 

H. R. KAFFEI.SON called and sworn. 

By Attorney Grigsby : 

Q. What is your full name?—A. Hakon Richard Raftelson. 

Q. Where do you live?—A. Sulzer, Alaska. 

Q. How long have you lived there?—A. Ten years. 


470 WlCKEPvSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. And what has hoen your business there diirinj^ that time?—A. I have 
been connected with the Snlzer mine. 

Q. Were yon residing in Snlzer on November .5, 1918?—A. I was, yes. 

Q. And had been residing there for some montlis immediately prior to that 
time?—A. Yes, sir. 

Q. Yon were there on election day, in November, 1918?—A. Yes. 

Q. Do yon remember the occasion of a boat coming to Snlzer a few days 
prior to tlie election from Nome?—A. Yes, sir. 

Q. What boat was it?—A. Sea Wolf. 

Q. WIio was on it?—A. The captain’s name was Harry Osborn and a fellow 
by the name of Rillie Cari)enter and a fellow by the name of Brown. 

Q. Do you know whether any of these persons voted on election day, No¬ 
vember 5?—A. Osborn and Carpenter voted. 

Q. Did they tell yon for whom they voted?—A. No, I couldn’t say they did; 
I was under the impression they voted- 

Judge WicKERSHAM. I object to his stating any impression he might have. 

Attorney Grigsby. You remember the day they landed there? 

A. On the 25th or 26th of October. 

Q. How. do yon remember the date, Air. Raffelson?—A. It was on the day of 
the Sophia wreck. 

Q. Did they tell yon how long they had been coming from Nome?—A. Forty- 
two days out. 

Q. And had 3 'on ever seen them before?—A. No, sir. 

Q. They had never been in Snlzer precinct befoi'e?—A. No, sir. 

Q. Do 3 ’on know a man bj^ the name of Shellhonse who was living in Snlzer 
at that time?—A. Yes, sir. 

Q. What is his full name?—A. Aaron Shellhonse. 

Q. Was he one of the election officers?—A. No. 

Q. Did jmu have any conversation with him with reference to Ids being one 
of the election officers?—A. Several times. I was judge of election mj^self and 
acted as clerk, and I went to him several times and tried to persuacle him to 
get on the election boanl; there were onlj-^ a few there and practically’ all 
Democrats, and I didn’t want to have it too one-sided on the election board. 

Q. Was he a Republican?—A. He is a Wickersham man ; I think he is a 
Democrat, but he was a Wickersham supporter, and, in fact, he was boosting 
strongly’ for him. 

Q. Did he refuse to be one of the judges?—A. Yes, sir. 

Q. Do you know whether Air. Shellhonse is an American citizen or not?—A. 
I have heard people state- 

Judge Wickersham. I object to that hearsay’ evidence. 

Attorney Grigsby. Go ahead and answer the question. 

Judge AATckersham. If he knows. 

AVitness. Yes, I know, he has been in the Canadian Rebellion, I think, in 
the seventies, and he was employed by the Canadian Government, and there 
was one party over there that threatened to challenge him when he voted last 
y’ear, but he didn’t do so. 

Q. On what ground, that he wasn’t a citizen of the United States?—A. On 
the ground that he wasn’t a citizen. 

Q. Are y’ou acquainted with the place called Hydaburg?—-A. A>s, sir. 

Q. Is that in the Snlzer precinct?—A. Yes, sir. 

Q. Are y’ou acquainted with the Indians in Hydaburg?—A. Yes, sir, practi¬ 
cally know them all. 

Q. Did some of the Indians from Haida come over to Snlzer to vote last 
.vear?—A. Yes, sir. 

Q. Do you know who they were that came over?—A. Y'es, sir. 

Q. All of them?—A. \>s. sir. 

Q. What kind of Indians were these with reference to being civilized or un¬ 
civilized?—A. Very much civilized. 

Q. A very far state of civilization—read and write?—A. Yes, sir; I wouldn’t 
say all of them can, but I think a majority; they can sign their names, anyway’. 

Q. Have you been over to Hydaburg?—A, Y>s, sir. 

Q. Do you know how they live?—A. Just like whites; they have nice houses,, 
a city council, and a mayor. 

Q. Do you know with reference to the Haida Indians that voted at Snlzer 
last fall at the Delegate election whether they were Alaska natives—that is„ 
born in Alaska?—A. The majority of them were. 

Q. Those that voted?—A. Yes. 




WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 471 

Q. Were there any that were not?—A. I am in no position to say; might he 
some of the older men. I think they were all Alaska natives. 

Q. Were they young men that came over?—A. Yes; young men. 

Q. Are any of them in town now?—A. Yes; I think there is; I think I saw 
one or two of them. 

Q. Do you know the history of the Hydaburg Indians with reference to how 
long they have been in Alaska?—A. No; I couldn’t say. Thev are supp(>sed 
to have come from British Columbia. 

.ludge WicKERSiiAM. I ohjec't to any supposition. 

\\ iTNEss. Of course, it is hearsay; I haven’t read anything on it. 

Attorney Crigsby. Just what you know of it, then, vou were told the his¬ 
tory?—A. Yes. 

(). What is the history with reference to when they first canu‘ to Alaska?— 
A. Well, they came over from ]\Iassett, B. 

Q- ^yhen?—A. I don’t know; in fact, I rather not make any statement to 
that effect. I know they came over from How Kan to Hydaburg 7 or 8 years 
ago—10 years, 8 years ago. 

Is How Kan in Alaska?—A. Yes, sir. 

Judge WiCKERSHAM. IMf. Kaffelson, are you a citizen of the Unit(‘d States?— 
A. Yes, sir. 

(}. Where were you horn?-—A. Copenhagen, Denmark. 

Q. What relation have you with the Suizer estate?—A. I am administrator. 

Q. You have been over to Suizer—-in that vicinitv—for about 10 vears?—A. 
Yes. 

Q. Where did you come from there?—A. Victoria, B. C. 

Q. And you have been living in Alaska only for about 10 years?—A. I have 
been in Alaska before that; but the last time, 10 years. 

AVhen were here before?—A. 1902. 

(.^. How long were you here then?—A. A season, six months. 

(}. You were not in Alaska before that time?—A. No. 

Q. Then your whole residence, substantially, in Alaska, has been there at 
Suizer?—A. Y'es. 

Q. And you have been with ]Mr. Suizer and around the mines and in his 
store?—A. Yes; yes. 

Q. What did you do in Sulzer’s sb)re in Suizer?—A, I was manager of the 
store. 

Q. You say the Sea Wolf came there to Suizer about the 25th of October?— 
A. Yes, sir. ' 

Q. Well, did you know where they came from there?—A. Yes, sir. 

Where had they come from?—A. Nome. 

(^, How long before that?—A. They told me 42 days on the way. 

(J. The Suizer i)recinct is a very large prei'inct, isn’t it, ]Mr. Kaffelson?—A. 
T'akes in, I guess, 20 miles in circumference. 

Q, No more than that?—A, At least, I don’t know the exact boundaries; 
Hydaburg is the farthest place. 

Q. But the [)recinct runs down to Cape JMuzon, south end of Prince of Wales 
Island?—A. Yes. 

Q. Do you know whether this boat had been anywhere else in the precinct 
l»rior to the 25th?—A. They had not been any other place. 

Q. How do you know that?-rA. Because they told me so. 

They voted there on election day?—A, Yes, sir. 

(}. And you were election officer?—A. Yes, sir. 

Q. Did you challenge their votes?—A. No, sir. 

Q. Why not?—A. I didn’t think it was my place to challenge. 

Q. You were election officer?—A. \>s. I asked them about not being in the 
precinct so long, and they said they were sailors and that they had a right to 
vote in any precinct they got to. 

Q. Isn’t it true that you or some of the other election officers sent for them 
and asked them to come uj) and vote?—A. No, sir. 

Q. Wasn't that about it?—A. No. 

Q. Isn’t it true that you thought they were going to vote for Mr. Suizer?— 
A. No; I didn’t have any idea. 

Q. Isn’t that the reason they were not challenged?—A. No, sir. 

Q. There was nobody on the election board that was friendly to Wicker- 
—politically, I mean?—A. I forget who the election l)nard were—myself. 
Dune, (’ampbell, and old man iMcLeod. 

Q. You knew that Wickersham only got two or three votes?—A. Of course 
we were not friendly toward you. 


472 


WK’KEPuSHAM VS. SITLZER, DECREASED, AND GRIGSBY. 


Q. Not friendly politically?—A. Yes. 

Q. Ami they all knew tliese men were not in the precinct for 30 days prior 
to election?—A. Yes, sir. 

Q. And still you let them vote?—A. Yes, sir. 

(.}. Why?—A. I don’t know: I asked them ahont if they had a rif^ht to vote, 
and they stated that they were sailors, and as such they conld vote any place. 

Q. Did yon ask if they had been in tlie precinct 30 days?—A. I don't recall. 

i}. Nothini^ said ahont tlmt, was there?—A. 1 don’t think so. 

(}. And yon think now that they voted for me?—A. I haven’t j;ot the slight¬ 
est idea. 

Q. Yon don't know whether they voted for me or Snlzer?—A. No. I am 
very much in donht: I think one of them voted for Snlzer. 

Which one?—A. T think Carpenter. 

(,}. Yon don't know how the other man voted?—A. No; I don’t know which 
way either one voted; T am just guessing at it. 

Q. And you don’t know how long they had been in the precinct, except wliat 
they told yon?—A. No. 

(J. Yon don’t kn()w whethei' they had been in the precinct before that time?— 
A. No, sir. 

Q. Yon don’t know anything about that?—A. No, sir. 

Q. Did any other election officer know how long they had been in the pre- 
<-iiiCt?—A. No; didn't have any more knowledge than I had. 

Q. None of yon challengtMl them?—A. No. 

(). And yon don’t know of any reason why y<»n didn’t challenge them?—A. 
No; I don't (piite recall. I spoke—I don't know whether it was to Osborn or 
<’ari)entei’—to find out whether they had a right to vote, and they stated they 
were sailors, or somebody made that statement; that they were sailors and 
conld vote in any town or any jxn't. 

Q. Yon don’t know whether they made that statement or not?—A. No. 

Q. Do yon know whether other sailors voted there under similar circum¬ 
stances?—A. There wasn’t any others. 

Q. Do yon know of anybody else voting for AVickersham at that election?—A. 
Shell house. 

Q. Who else?—A. That is all; only three votes cast. 

Q. Yon .say yon don't know whether Shellhonse is a citizen of the United 
States oi- not?—A. No. 

Q. Yon know Shellhonse has been on the witness stand here, don’t yon?—A, 
Yes. 

Q. And INlr. Snlzer’s and Grigsby's attorneys examined him very fully, don’t 
yon?—A. Yes. 

Q. Yon don’t know anything ahont his being a citizen of Canada or any 
<»ther country, excejit from minor?—A. Just rumor. 

Q. Didn’t yon know Air. Shellhonse has lived more than 20 years in Alaska?— 
A. Yes, sir. 

Q. Hasn’t he got a homestead there?—A. Yes, sir. 

Q. And he lives in his own home on his own homestead?—A. Yes, sir. 

Q. Has he ever proved up?—A. It is claimed he has. 

Q. Don’t yon know he couldn’t prove up on his homestead without he was a 
citizen of the T^niteil States?—A. I don’t know anything ahont that. 

By Attorney GHrosHY. He conld by swearing astntel.v. couldn’t he .Indge? 

.Indge Wu'KEKSHAM. Yon have been in Hydahnrg?—A. Yes, sir. 

Q. Well, yon think those people are very highly civilized'?—A. Yes. 

Q. Are they more highly civilized than white people around Snlzer?—A. 
Just as much so. 

i}. Now, yon know Hydahnrg is on an Indian reservation, don’t yon?—A. Y"es. 

Q. And all the.se people that voted had been living on the Indian reservation 
at that time, did they not?—A. I don’t know it is a reservation, there seems to 
he a different opinion. 

Q. Yon haven’t looked into that matter?—A. No. 

Q. But they all live in the town of Hydahnrg?—A. l^es, sir. 

(}. And they have a city council?—A. \"es. 

A mayor?—A. Yes. 

Q. And they are organized under an act of the legislature permitting Indian 
villages to organize?—A. I don’t know what permission they have got; they 
have a sort of government themselves. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


478 


i}. Haven’t you heard they were orjiaiiized under a territorial act perinittinp: 
Indian villnjres to orpnuze?—A. Oh, yes; in a casual way I have, but I 
Avouldn’t ninke any statement to that effect. 

ii. You know of it?—A. Yes. 

Q. And you say they are Hydahur^ Indians, and that they originally came 
from Massett?—A. Yes, sir. 

Q. Has.sett is on the Queen Charlotte Islands?—A. Y'es, sir. 

Q. In British (’olumhia?—A. Yes, sir. 

Q. There are some old people there, are there not?—A. Yes. 

Q. Do you know whether they were horn in Massett or not?—A. I do not; 
in fact. I am not prepared to make any statement as to where they came 
from, it is hearsay. 

Q. They came from How Kan, about .seven years ago, to Hydahurg?—A. Yes. 

(}. How Kan was a Hydahurg Indian village, was it not?—A. Yes. 

Q. Old-fashion Hydahurg Indian village?—A. Well, pretty nice houses there, 
although there are totem poles. 

(,). Totem i)oles and that kind of thing; had a chief? When they moved up 
to Hydahurg the (Tovernment took charge of the .‘schools, etc., did it not? 
They have a Government school there?—A. Yes, sir. 

Q. And they have a coopei’ative store haven’t they?—A. Yes, sir. 

Q. And the school teaciher has been clerk there and looks after the matter of 
accounts in the Indian store?—A. Yes, sir. 

Q. Noav the Haida Indians Avere considerably workmen originally; they made 
totem polls and did carving and Avere skilled people, did many kinds of work?— 
A. I guess so. 

Q. Boat builders?—A. FeAv of them. 

Q. You have seen their hou.ses at How Kan?—A.-Yes, sir. 

Q. They Avere skillful workmen in Avood, in making totem ])olls and big boats? 
Ever seen any of their big boats?—A. Well, no; I AA’ouldn’t say that I have; 
what boats they fliave got now’ they generally bought off canneries. 

Q. They liaA’e a Avharf in Hydahurg?—A. Yes, sir. 

Q. Has that been completed?—A. Yes. 

Q. There is an approach so you can get off the wdiarf?—A. Not yet. 

Q. Stands .lust like it did tAA’o years ago?—A. They haA’e built a neAV wharf 


and float. 

Q. No Avay to get off-A. Except going up a ladder. 

Q. That is the AA’ay it Avas tAA’o years ago, in 1016-17?—A. No; they have a 
new wharf. 

Q. Hoav is the approach?—A. A different Aviiarf altogether. 

Q. I Avas there in 1018, has it been changed any since then? —A. 1 Avas there 
last w^eek and they had a neAv AA’harf, and I Avas there a couple years ago and i1 
is another Avharf altogether. 

Q. The Avay you get on the Avharf you climb doAvn on a ladder?— A. Yes. 

Q. Have they got any roads in Hydahurg?—A. Just Avalks. 

Q. Just i)lank Avalks? —A. Yes. 

Q. But they have got an Indian school there?—A. Yes. 

Q. Maintained by the Government?—A. Yes, sir. 

Q. And there is a minister there?—A. Y>s, sir. 

Q. What church, Pre.sbyterian?—A. Presbyterian Church. 

Q. Built by the Presbyterian Church people? —A. I don’t knoAV, I think built 


by themselves. . . ^ -p 

Q. All their operations tlhere are under the supervision of the Bureau of 

Education, Avhich has charge of the schools, etc.?—I w’ouldn't say. 

Q. You say these jieople are born in Alaska, all over 10 years old that voted i 

A. I guess they Avere. , , . , _ 

Q. How’ do you know’ they Avere born in Alaska/ —A. Because they 
youngsters Avhen I came lie re and I saAv them first; of course, I am not making 

^^Q.^You don’t kiioAV Avhere they Avere born? —A. As 1 mentioned before I 

rather not make any statements to that effect. tapi,. 

Q. All you kiiOAV is, so far as .a’ou knoAV they came fiom Massett, then 

ancestors?—A. That is a supposition. 

Bv Attornev Grigsby. We Avaive his signature to his deposition 

By Judge MTckersiiam. AVe agree Mr. Raffelsoii need not sign the deposition, 

it is waived. 


474 WICKKKSHAM VS. SULZER, DECEASED, AND GRTGSBY. 


DEPOSITION OF CHAKLES DEPPE. 

Mr. CIIAULES DEPPE, called and sworn. 

Py Attorney CoscasovK: 

Q. Wliat is yonr name?—A. Charles Deppe. 

(y What is yonr residence?—A. Here in Ketchikan. 

Q. How long have yon lived here?—A. Let me see—10 years. 

(}. And wlmt is yonr business?—A. I am right now working for the Beegle 
Packing (’<>. 

Q. In wlmt capacity?—A. Bookkeeper. 

(}. Were yon not an election officer at the delegate election held last N()vem- 
her?—A. Yes. sir. 

(}. Who were with yon?—A. T.et me see, I guess F. .1. Hunt and Ira King. 

(}. Do you rememlier approximately how the Indians voted that day?—A. To 
the best of my recollection they started to come in about half past 2 or 8 o’clock. 

Q. Did they come in attended?—A. Yes, sir; most of them were attended. 

Q. Do yon remember by whom they were attended?—A. Well, P.oh Oliver and 
Harvey Stackpole seemed to he the persons; they seemed to bring them in here 
so far as I could tell. 

Q. What was the procedure nsnall.v followed when Indians were brought 
in by IMr. Oliver and Mr. Stackpole?—A. Weil, at tlie beginning I asked them 
if they were citizens or where they were l)orn and they made a ruling that all 
who registered might vote, on account (►f the draft; those who registered were 
entitled to vote. 

Q. Do you know how they voted? 

•Tudge WiCKEKsiiAiM. You mean for whom the.v voted? 

Attorney Cosgrove. Foi- wliom did they vote? 

Witness. They- 

.Tudge WiCKERSiTA]M. Do you know? 

AVitness. Yes; I know. I know all right. They were su)jporters of yours. 
After they would come in here we would ask if tliey had regi.stei’ed and if they 
had, we would give them a ticket, the ballot, and .sonu' of them couldn’t write, 
ai d among them was (’ultus (»r (Miief .Tohnson, and whenever anybody couldn't 
M'rite, some of the judges would come and mark his ticket for him. 

(y You spoke of (’ultus .Tohnson. He is an Indian—Indian chief?—A. Yes. 
When going into the booths they always had sample ballots with them and, of 
course, the.v were very much interested plain enough who they were going to 
vote’for; seemeMl to be very much interested in the election of .Tudge Wicker- 
sham. They didn’t seem to care so much for the balance of them. 

Q. Did you help to mark their ballots?—A. I helped to mark about two or 
three and then I told IMr. Hunt—never mind—no matter- 

.Tudge WrcKERSTTAM. T object to that. 

Attorney Cosgrrove. Go ahead and tell it. 

Witness. T told iMr. Hunt you might as well go and help them vote, because 
they are .vour people. 

Q. How many Indians do you remember voted that way, Charlie?—A. Not 
less than about .80 of them, at least. 

(). And all were handled the same ^^ay—brought here by Oliver or Stack- 
pole?—A. Well, not all of them—they seemed to be pretty busy—they were the 
principal ones liringing them in. 

(}. Do you know for whom Stackjiole and Oliver were engaged actively?—■ 
A. Tlmt is ]>lain. You could tind out easy enough. They were very much in¬ 
terested in the Kepublican ticket, and had Republican samph^ ballots. 

(}. And all very much intei-ested in the candidacy principally of .Tudge Wicker- 
sham?—A. In fact, of all and .Tudge Wickersham. 

(}. Whether oi- not you had any talk or altercation with ^Ir. Hunt over the 
way the.v were proceeding?—A. I challenged a few of them and then they 
simpl.v—the ruling was mrde. Of course, I had to let them go. I made no 
further elfort on m.v part in the matter. 

(y \Miet.her or not .vou were much disgusted?—A. T got very much dis¬ 
gusted. 

(}. P'or what reason?—A. Mell, I don’t believe- 

.Tudge MTckersham. I object to his stating Ins belief about the matter; it has 
nothing to do with the facts. 

Attorney Cosgrove. I want the facts, the reason for your attitude? 

A. I have known some of those Indians for a long time and know well enough 
they are not entitled to vote. 





WICKERSHAM Vs. SULZER, DECEASED, AND GRIGSBY. 475 


Q, Those who voted for Wiekershaiii?—A. 1 woiihhrt say how they all voted; 
I only Aveiit in with three. 

i). Well, those who voted for Wiekershain you went in with, do you know 
whether they had a right to vote?—A, 1 had iiiy doubts, when it comes down to 
a tine point- 

(J. Do you renvemher Mr. Shari)e challenging a party, one of the Indians who 
had registered, one named Kidley, on the ground that he was an alien, having 
been horn in British Oolumhia, and Mr. Hunt insisted on his right to vote?—A. 
A few challenges were made, and Mr. Hunt insisted that they were entitled to 
vote on jiccount that registering made them American citizens. 

i). Was Mr. Hunt ac'tive in the furtherance of anyone’s candidacy?—A. Well, 
it was i)lain to he seen who he was in favor of. 

In whose favor was he?—A. Judge Wiekershain. 

(). And he was one of the judges at the time?—A. Yes. 

Wheth.er or not he was chairman of the hoard, self-ai)pointed?—A. I guess 
when it con.es down-to that I was chairman of the hoard. 

(>. Self-apiiointed?—A. Yos; with mighty little powei*. 

(>. You say there were a numher of these Indians who vided, who, in your 
judgiU'ent, were not entitled to vote, why did you take that view?—A. I liave 
known them here 20 years and I didn’t believe they were living as white men, 
still living as Indians. 

(). Weren’t civilized?—A. No; not to the extent- 

Ch You say you have known them, pei’sonally acquainted with them for 20 
years?—A. Yes. 

ii. T understoc'.d you to say that INIr. Oliver and ISIr. Stackjiole were very 
active in behalf of INIr. Wickersham’s candidacy?—A. Yes; appeared to lie al¬ 
ways coming with some of them to the table and trying to persuade us that they 
were entitled to vote. On this election day there were others besides. 

(). You know they were very strong boosters for Wiekershain, don’t you?— 
A. Why, yes. 

(Hearing adjourned until 2 p. m. same date.) 

2.10 p. m., Mr. Deppe’s cross-examination. 

By Judge Wickpuisham : 

(). Mr. Deppe you say you have resided in Ketchikan about 19 years?—A. 
Yes, sir. 

Q. How old are you?—A. I aiiv oG. 

(). Where were you horn?—A. Germany. 

What part of Germany?-—A. Brunswick. 

(}. How old wei’e you when you came to the United States?—A. Eighteen. 

(^. Were you naturalized?—A. Yes, sir. 

Where?—A. In Ketchikan. 

(}. Took out first and second papers both luwe?—A. No; tlie first papers in 
Chicago in 1882. 

Q. And second papers here, in what year?—A. 1903 or 1904, I am not exactly 
sure now. 

Q. What is your occupation; your business?—A. I am working now for the 
Beegle Packing Co. 

Q. Engaged in the cannery business?—A. Yes. 

(i. Have you any interest in the cannery business yourself?—A. Yes, sir. 

(). In what canneries are you interested?—A. Only one, the Beegle Pack¬ 
ing Co. 

Q. What political party do you belong to?—A. Democratic Party. 

(h You supjiorted Mr. Sulzer at the last election?—A. Yes, sir. 

(). You supported the whole Democratic ticket, going down along the line, 
didn’t you?—A. I don’t know, exactly. 

You supiKirted Mr. Sulzer, anyway?—A. Yes, sir. 

(J. And .vou did that quite openly; nothing secret either about that?—A. No. 

(h Nobody had any doubts about where you stood?—A. No. 

Q. You did what you could to help Mr. Sulzer’s interests along?—A. Well, 
I don’t know as I was very active. 

Q. Did you make any donation to the campaign fund?—No, sir. 

Q. Just a personal interest; personal efforts?—A. Yes, sir. 

Q. Do you think you were as active as Bob Oliver was?—A. No. 

Q. Don’t you think you were as active as Bob Oliver?—.\. No, sir. 

Q. You were one of the election officers?—A. Yes, sir. 




476 WK^KERSHAM VS. SULZKR, 1)E(U^:ASED, AND GRIGSBY. 

(}. Were you hert‘ all day on election day?—A. Excei)t when I went to my 
meals. 

Q. What did j’on do at the election on that day; what part of the work did 
yon perform?—A. Well, took tlie tickets and asked the (inestions, with Mr. 
Hunt, 

Q. Yon were chairman of the hoard?—A. Yes. 

Q. Yon took the tickets and put them in tlie box?—A. Yes. 

Q. And had a little stick to i)oke them in with?—A. Yes. 

Do yon rememher very frequently, as yon were poking?—taking and 
poking them in that yon looked at the tickets to see wlm they voted for?—A. 
No, sir. 

Q. Isn’t it true that when a person had voted, yon, in order to tind out if 
he voted for me or not, took that little stick and opened the top of the ballot 
and looked at them?—A. No; I couldn’t always get them in the box; they 
had a little hit of a slit and the ballot boxes are so small that we had to use 
two ballot boxes, and poke them down. Never could open them. 

(}. Did yon go out to do any electioneering?—A. No, sir. 

Q. Not on election day?—A. No, sir. 

(}. Before that?—A. No, sir. 

Q. Didn't talk to anybody about voting?—A. Might have in a casual way, 
talked. 

Q. Didn’t do any betting?—A. No, sir. 

Q. Do yon remember seeing Bob Oliver around on election day?—A. Yes, 
sir. 

Q. What was he doing?—A. I suppose—I don’t know what- 

Q. AVhat?—A. He took a very active part in the voting; I might say he was 
watching. 

Q. He was in and around all day?—A. Mostly. 

Q. Was he there all day. except for a few minutes, when he went out to lunch 
and down to Oharcoal Point?—A. He was gone at different times. 

Q. He was the official challenger for the Republican Party, all day?—A. Yes. 

Q. And stayed here in the office just as yon did, ail day?—A. He was gone 
off and on, and had somebody else in his place. 

Q. 'Who else was here?—A. I don’t know; different ones; didn’t present any 
credentials. 

Q. But he did.—A. Y^es. 

Q. And he was here all day? Yon say he was very active all day?—A. Well, 
he seemed to be very active; when some one came in we had donhts about, 
he made his little spiel that he was entitled to vote. 

Q. Wasn't that what he was there for?—A. Yes; to a certain extent. 

Q. Isn’t that what a challenger was here for, to see tlia nobody voted il¬ 
legally?—A. Y"es. 

Q. And had, as many others have, an interest in all the Republican candi¬ 
dates?—A. T don’t know anything about that; he was looking out; had more 
interest, as Bol) himself so stated, in .James AVickersham. 

Q. He di<l it fairly, didn’t he?—Sure enough did. 

Q. Didn't do anything illegal?—A. No. 

Q. How many times was Harvey Stackpole in here on election day?—A. I 
couldn’t say. 

Q. Once?—A. At least a half a dozen to a dozen times, at least. 

(b What doing?—A. He seemed to he bringing in some victims. 

Q. Did you see anybody else doing that?—A. Didn't have much chance; most 
of the time I was quite busy. 

(}. Did you see Deputy IMarshal Sharpe bringing in anybody?—A. I suppose 
he brought in some, too. 

(). Why didn’t you tell us about that?—A. YY>u didn't ask me; I am here 
to answer questions. 

(}. Did you see anybody besides Ylr. Sharpe, the dejuity marshall and Mr. 
Stackpole bringing in voters?—A. Oh, yes. 

Q. Who?—A. Couldn’t rememher. 

Q. Did you see Mr. IMahoney?—A. He was in here at different times. 

(). Bringing in voters?—A. I don’t know whether he was bringing in voters 
or not: maybe he did. 

What is the difference between his coming in with people and Ylr. Sharpe 
and IMr. Stackpole?—A. No difference. Other people didn’t come in as often ; 
those two mostly, as you could notice it. 

(>. You marked the tickets for three Indians?—A. Two or three; yes. I 
wouldn’t say sure. 



WICKERSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 


477 


Q. Well, who (lid they vote for for Delegate?—A. Wickershuiii. 

(y All two?—A. All Uiree. 

Yo\i think there were three?—A. I think so. 

Q. Are you sure about that?—A. I am sure; there were three or two. Better 
make it two, not less than two. 

Q. And they voted for Wickersham?—A. Yes. 

(,>. You made out the ballot?—A. I marked it for them. 

Q. You showed them how to make out the official ballot?—A. Marked the 
official ballot. 

Q. Do you remember who they were?—A, George .Tohnson or Cultus .Johnson. 

Q. How long has he lived in Ketchikan?—A. Twenty years. 

D. I.onger than you have?—A. Yes; before I came. 

Q. Has a house of his own that he lives in?—A. Yes, sir. 

y. And so far as you know is a pretty good citizen?—A. Well, I don't so far 
as Indians go. 

C}. You are prejudiced against Indians, are you?—A. No. 

Q. Well, then, you say, so far as Indians go?—A. My experience—my knowl¬ 
edge of Indians—I don’t go much on them. 

(.J. You are i)rejudiced?—A. Maybe, to some extent. 

Q. What I thought. .lohnson has got a family here?—A. I don’t know. 

(>. Tdving in this house down in Indian Town?—A. I don’t know. 

Q. Owns his own property?—A. Owns his own property. 

Q. Has lived here a great many years?—A. Yes. 

Q. Wears clothes like you do?—A. Yes. 

Q. Has been a good citizen, so far as you know?—A. The marshal could tell 
you more about that. 

You don’t know anything to the contrary?—A. No. 

Q. Who was the other one?—A. I don’t remember. 

Q. Then, you only remember that you marked the ticket for George .lohnson 
individually?—A. In the name. I don’t remember; I am positive there were 
three, but after I assisted those, then, I refused to go and mark them. 

Q. Mr. Forest .1. Hunt was one of the officers here with you that day?—A. 
Yes. 

Q. You think he is a friend of mine?—A. He has always been an old friend 
from Washington, I notice. 

Q. And you think he was for me and voted me?—A. You bet he voted for you. 

Q. Did he go outside the polling place to do any electioneering?—A. No. 

Q. Stayed in here, and behaved himself?—A. Y>s. 

Q. Attended to his duties?—A. Yes, sir. 

Q. He is one of the prominent merchants in town?—A. Yes. 

Q. Married man, with a big family?—A. Yes. 

Q. Good citizen?—A. Y^es, sir. 

Q. So far as you know, observes the laws and behaves himself in every 
way?—A. Yes, sir. 

Q. Has l)een (Ui the election board here for a good many years?—A. Y^es. sir. 

Q. What did you see him do on election day?—A. Nothing at all. 

Q. But after you told him to go and mark the ballots, when the 
Indians came in?—A. Well, he asked me to go in with him, and I says, no, 
you go in there and mark their tickets. I said, those are your cattle; and 
after then he did it. 

Q. Y’ou thought they were voting for his candidate?—A. They came here 
with sample ballots, and gave the tickets to me open. 

Q. Y^ou knew how they were voting?—A. Couldn’t h(dp but see. 

Q. And when inishing it in, you would grit your teeth and stab the ballot 
as if you had some enmity toward it?—A. No. 

Q. Didn’t you exhibit any signs of impatience?—A. No; only the ballot 
box was so small I always had to keep poking it to make room for the ballots. 

Q. Now, if you thought they were voting illegally why didn’t you challenge 
them?—A. I did. 

Q. How many?—A, I don’t know; they made a ruling—I told you this morn- 
injr—anyone that had registered was entitled to vote—Indians—under the 
draft laws. 

Q. And these l)oys all had registered under the draft?—A. They said so. 

Q. That was a matter of record?—A. Yes. 

(}. If they voted illegally, it is the duty of the authorities to punish them. 

(}. And Mr. Sharpe, here, who was also politically active, was the United 
States deputy marshal?—A. Y^es, sir. 

Q. And Mr. Ylahoney was the United States commissioner?—A. Yes, sir. 


478 WICKEPvSHAM YS. SULZER, DECEASED, AND GRIGSBY. 


Q. And they were the parties who should liave arrest(‘d them if tliey voted 
illepdly?—A. Yes, sir. 

Q. Nothinj^ of tliat kind was done?—A. Nothing; that I heard of. 

(y Now, a j^ood many of these natives have lived here ever since yon lived 
here—that voted here that dayV—A. Some live at ^letlakatla, some at Sax- 
man, and some here. 

Q. But those who voted had their homes here; had always lived here, 
except those we had on the witness stand this moridngV—A. Some who voted 
I knew lived at Metlakatla. 

Q. Yon didn't challenge them?—A. They claimed they liv(‘d in Ketchikan 
now. 

Q. Blit yon knew they lived in Metlakatla?—A. T didn’t know for sure. 
They live in INlethikatla and come over for a week and then go hack to 
Metlakatla. 

(y If thev had lived here 30 days they would have the right to vote?—A. 
Yes. 

Q. Do you know whether any that voted hadn’t been here for 30 days?—A. 
I didn’t take any notice. 

(}. Yon know all those Indians belong to the labor union here, also, doiv’t 
yon?—A. I suppose they all do. 

C}. They are nearly all fishermen?—A. YTs. 
i}. And laboring people?—A. l"es. 

Q. And all belong to the labor union here in Ketchikan?—A. I suppose 
they do. 

Q. You have taken some considerable public interest in politics in this 
Territory; that is, you have been interested in it?—A. Not a prominent part 
in it; just interested in it. 

Q. You rememlier that we had considerable interest in tlie election of Novem¬ 
ber .'i, 1918. at that time, and immediately prior thereto, about what is known 
as the Sulzer’s fishery l)ill?-—A. \"es. 

Q. That was a bill introduced into Congress by Mr. Sulzer and a bill which 
I criticized very publicly, was it not?—A. \"es. 

(}. And you knew the tishermen. including the native fishermen, were very 
largely oi)posed to it?—A. \"es, sir. 

Q. Ami you knew the canneries were almost unanimously in favor of it?— 
A. I don’t know the canneries were unanimously in favor of it. 
i). You were?—A. I hadn’t paid much attention to it. 

(y You voted for Mr. Sulzer, notwithstanding his introduction of the bill?— 
A. I did. 

Q. Don’t you know that the fishermen here very largely voted against Mr. 
Bulzer on accouht of it, not for any iiersonal reason?—A. Y’'es. 

Q. They felt that it wasn’t to their advantage to have that bill passed?—A. 
Yes, sir. 

(y And the (‘anneries were very largely supporting it, believing it was to 
their advantage to have it passed?—A. Well, I don't know; (piite a few canneries 
supported you in oposition to Mr. Sulzer. 

Cy Notwithstanding that bill?—A. Notwithstanding that bill. 

Q. But you think the lalior union was very largely opposed to him?—A. 
Yes. 

(y And these natives all belonged to the labor union?—A. I don’t know a 
thing about it; I suppose they do. 

(y And that would be at least one explanation why they voted for me in¬ 
stead of ]\Ir. Sulzer?—A. Yes, 

(y Now, a great many of thes(‘ natives own their own jiroiierty here in 
Ketchikan?—A. Not so many. 

(y Some of them do?—A. Not more than 20 or 25. 

(y You know the IVIather boys?—A. Three of them—yes. 

(y One of them runs a machine shop over here?—A, Yes. 

Q. And one runs a store?—A. Yes. 

Q. And other natives own their property and live on their property?—A. 
Yes, sir, 

(}. And they have lived in that way here many years?—A, Yes, Furthermore 
I believe those Mathers are entitled to vote. 

(y Their father was a naturalized citizen of the United States?—A. I'es, 
sir; and I guess there is no objection to the Mathers. 

(y Do you know the names Of any persons^ who were challenged?—A. No, 
I don’t; some of them were challenged and had to subscribe to the oaths, but 
none of the Indians. ' 


479 


WICKERS HAM VS. SULZEE, DECEASED, AND GRIGSBY. 

Q. None of the Indians were challenged and ha<l to snhscrihe to the oath?— 
A. I don’t believe. 

Q. there have been schools in Alaska for these natives for a good inanv 
years?—A. Yes, sir. 

(}. How long ago was a school established here in Ketchikan for the natives?— 
A. The P]i)iscoi)alians always had a school here. 

Q. For the native children?—A. Yes. 

And they have one now?—A. Kimning one now. 

Q. And there have been native schools in Metlakatla and Saxmaii?—A. Yes. 
i). And many other i)laces in the Territory?—A. Yes. 

(J. And a great many of these men yon s})oke about who voted here have 
gone to school and can read and write?—A. Most of them can. 

Q. Did yon see Hoi) Oliver onl of this room on that day?—A. Yes, I saw 
him out of the room. 

Out on the strc'ets?—A. No, I duln’t have any time to see anvthing out¬ 
side. 

Q. He was here all day?—A. Most of the time, he stuck pretty close. 
ij. \ on were very mnch disgusted to see these people voting?—A. Yes. 

(y Voting against yonr candidate?—A. No, to begin with, at that time I 
thought they we:e coming in to vote the Democratic ticket, and it wasn’t me 
who was going to bring them in. I object to Indians voting; they come to the 
city election, these very same i)eople, and they have no interests here. 

(y They don’t own pr(U)erty?—A. If they own property let them vote. 

(y A great many peoi)le in this conntry ought not to vote?—-A. I do not 
believe anybody from Metlakatla, Saxman, and Loring should come here and 
vote in the city election. 

(y What do you yhink about Black IMary and other prostitutes voting?— 
.\. I asked every one of those prostitutes if they lived here for a long time, 
had i)roperty here, and if they were citizens and they had voted, and I guess 
they all own their own i)r<:)perty and have got a place of business. 

Cy You weren’t prejudiced against them voting?—A. Under the ciiaairn- 
.^ances, we have got to let them vote. 

(>. Do you know who Mary voted for?—A. No. I had a kind of an idea. 

Q. Do you know who brought her here?—A. No. 

(y Do yon know Mr. Mahoney, the United States conilnissioner, brought her 
ill his automobile and delivered her here at the door?—A. No, I didn't, because 
I was sitting at the table. 

(y You didn’t see that?—A. No. 

By Attorney < ’osgrovk : 

(}. Do you know whether or not Cultus George .Johnson has a totem pole in 
front of his house?—A. Yes, sir. 

(y Do you know whether or not he is chief of the local tribe on Indians?—A. 
Always supposed to lie chief here. 

(y Do you know whether he has done anything in late years to exercise his 
chieftaincy, in the way of a potlatch or gathering?—A. I wouldn’t know. 

(y You do know of this totem pole and, moreover, that he is recognized as 
cliief of the (’linket Indians?—A. Always supposed to be chief. 

Judge WiCKKKSHAM. What did you ever know of him doing as chief, Mr. 
Deppe. 

A. I don’t know about that. I remember here in the beginning they would 
give their potlatches and dances, Indian dances. 

Q. But they haven’t done that for 10 or 15 years?—A. I don’t recall. 

Q. There is a very nice totem pole in Seattle?—A. Yes, sir. 

Q. In Pioneer Square?—A. Yes. 

(y Would you think that would detract in any way from the citizenship of 
the people in Seattle?—A. That is a different proposition entirely. 

(y Who made this totem p<de down here?—A. I couldn’t tell you. 

(y Do you know who it belongs to?—A. I wouldn’t know who it belongs to. 
Q. Just stands down there in the street?—A. In front of Cultus Johnson’s 
house. 

cy Isn't it in front of a half dozen houses?—A. No, right in front of his 
house. 

cy Isn’t it in front of three or four Imuses also?—A. Those houses were built 
later on. 

(y You don’t know who put it up there?—A. I don’t know. 


480 WKUvERSHAM VS. SULZER, 1)E('EASED, AND CRTGSBY. 


Q. ID)\v old is it?—A, It was tlioi’e when I oaiiio horo. 

Q. Yon don't know who owns it'.-'—A. Xo; I sni)i)os(‘ if y(ni wero jioinj; to take 
it away Cnltns would (daini it. 

(}. Yon suppose that'?—A. Yes; notking- positive. 

r>y Attorney Cosgrove : 

(}. Any decoration on Ids house; in fi’ont of his house'?—A. There is some 
kind of a i)aintinf>; on it; 1 conldn’t tell what it is, rei)resentin?; some Indian 
painting. 

(J. Do yon know whether it indicates the fact that that is the chief’s honse?— 
A. No; I would not know. 

(^. I>nt there is an Indian hierogly])ric there'?—A. Yes. 

(}. And this totem pole directly in front of that?—A. Yes. 

By Judge Wickersham : 

Q. Have yon known him to hold any cami) meetings within the last 10 or 15 
years?—A. I don’t know anything about that. 

Q. As a matter of fact, since these young people have been going to school, 
tliey have given np the tribal customs, mostly’?—A. I guess the last one was the 
time Tongass George had a potlatch, three or four years ago. 

Q. Where did Tongass George live?—A. A little ways from the cannery in 
Indian town ; it might he more than four years. 

(}. What did he do then?—A. Held an old-time potlatch. 

(J. Ceremony for the dead?—A. I am not familiar. 

Q. Did yon attend it?—A. No. 

Q. Yon didn’t see it?—A. I passed there and they told me they were having a 
big potlatch. 

(}. Yon don’t know anything about it?—A. No. 

(J. Have they got a tribal government of any kind?—A. I don’t believe so. 

Attorney Cosgrove. Mr. Deppe, have yon seen these advertisements advertis¬ 
ing the Indian dance to-night?—A. No; I haven’t. 

Q. Haven’t yon noticed all the taxis here to-day are advertising the Indian 
dance—advertising the big Indian dance to-night'?—A. No; I have been in here. 
I came down here at 10 o’clock this morning and have been here since, except 
^^hen I went to lunch. 

By Judge Wickersham: 

Q. Have yon attended any Indian dances in the last 10 years?—A. No, sir. 

Q. Don’t yon know, as a matter of fact, they dance the tango and the latest 
waltzes, etc.?—A. I don’t know. 

Br. Attorney Cosgrove: 

Q. Yon don’t know whether the Indians dance or not?—A. No. 

Charles Deppe. 

Subscribed and sworn to before me this 8th day of October, 1919. 

Will H. Winston, 

Notary Public, 

DEPOSITION OF SAil OLSON. 

SAM OLSON called and sworn. 

By Attorney Grigsdy : 

0- What is yonr full name’?—A. Sam Olson. 

Q. Where is yonr residence Mr. Olson?—A. Ketchikan. 

How long have yon resided in Ketchikan?—A. Nine years. 

(}. Continuously'?—A. Well, I have been mostly here. 

Q. It has been yonr home all the time?—A. Yes. 

(). Was Ketchikan yonr home last November?—A. Yes, sir. 

Q. Where did yon vote last year'?—A. Hadley last year. 

Q. Who did yon vote for?—A. .Indge Wickersham. 

Q. At ihat time Katchikan was yonr legal residence?—A. Yes; I was out 
lishing last year and I come in and voted jit Hadley at that time, and so I 
voted. 

Q. At that time you were out fishing away from Ketchikan?—A. I was on 
the west coast and on the road home, and so I stopped at Hadley. 

Q. Yon didn’t live at Hadley?—A. No, sir. 

Q. Hadn’t lived there?^—A. No; I stopped there a few days because of the 
fill. 

Q. How many days did yon stop there?—A. I think six days. 


WICKEr.SHAM VS. SULZEK, DEC’EASED, AND GRIGSBY. 481 

I 

Attorney Goscjuove. At tlie time yon voted at Hadley did yon run in there 
alone V 

A. Yes. 

Q. Anybody with yonV—A. No, sir. 

Q. Weren’t there a coiipie on, the boat with youV—A. No, sir; 1 was alone all 
snininer. 

Q. Do you know of anyone else votinf»: at that time who wasn’t a resid(Mit of 
Hadley?—A. No. There was a fellow Frank Fredericks, hut he used to live 
there off and on. He had a shack on the point where they are Imildin^ the 
new lighthouse dock. 

(,). Whej'e was his home*?—A. He was livin^^ in, Hadley; he had a shack there. 

(}. Had he lived there very lonjj;’?—A. Quite a while, I think. 

(^. Was he the only one?—A. There was another fellow; I think his naiiH 
was Myers; a hi^ fat fellow. 

Q. Where was his home?—A. He stopped at the same cabin with Frank 
Fredericks. 

Q. Who did he vote for?—A. I don’t know; I think there were oidy six or 
seven voted at Hadley at that time. 

Q. Do you know where the homes of those two were when they were at 
home?—A. I think they had a home there; they used to rent a shack from 
Stanley Oaksmith in Ha(iley. 

By Judge Wickkrsham : 

Q. When did you start out fishing, Mr. Olson?—A. Last spring; last year in 
the spring. 

Q. 1918?—A. Yes. 

Q. About what time in 1918?—A. It was in April I think it was. 

Q. And where did you go tisliing’?—A. On. the west coast of Prince of Wales. 

Q. How far from Hadley’?—A. About a couple luindred miles. 

(^. Hadley is in what precinct, precinct of Hadley?—A. Hadley. 

Q. There is a precinct at Hadley?—A. Yes. 

How far were you fishing away from Hadley'?—A. West Coast—150 miles. 

Q. Now, then, 30 days before you voted where were you?—A. I was down at 
(’ape Ommaney. 

Q. How far is that from Hadley?—A. I don’t know exactly, 150 miles I 
guess. 

Do you know where the precinct of Hadley is, what area of country it 
<*oves?—A. Yes, I do. 

(^. Do you know what the boundaries are?—A. No; I don’t know. 

(}. Were you over on Prince of Wales Island at that time, during 30 days im- 
ineiliately preceding election’/—A. No. 

Q. Fishing all the time?—A. Yes. 

Q. Where did you go fishing?—A. Port Alexander. 

(}. Where is that?—A. Camp Ommaney. 

C^. Where did you fish—out to sea?—A. Outside the point. 

Q. And you (loii’t know where the outer boundaries of Hadley precinct 
are?—A. I don’t know exactly what youTnean. 

Q. Each precinct has a boundary, covers some area of country, and Hadley is 
prol)ahly in the center of it?—A. I don’t know. 

(^. Mr. Olson, who talked to you about coming here as a witness?—A. Mr. 
Sharpe phoned down to me at the lighthouse dock. 

Q. Mr. Sharpe, the United States deputy marshal in this division?—A. Yes. 

(}. When did he phone to you?—A. This afternoon, sometime. He talked 
to me yesterday. 

i}. What did he say to you yesterday about this case, about your testifying?— 
A. He just asked me to come up and didn’t .say no more. 

(^. Is that the only thing he said—just asked you to come up?—A. Yes; that 
is all. 

Q. Did you ever talk to him before about the matter?—A. No, 

(^ Who else had you talked to about this matter?—A. Nobody; he is the 
only man. 

(}. You haven’t talked to Mr. Cosgrove?—A. No, sir; he is the only mai) 
I talked to. 

Sam Dlson. 

Subscribed and sworn to l>efore me this 8th day of October, 1919. 

[SEAL.I Will H. Winston, 

Notary Public. 


151279—20-31 



482 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


DEPOSITION OF W. H. SIIAIIPE. 

W. I>. SHAKPP] called and sworn. 

I>y Attorney Cosgrove : 

(). Yonr name is W. I>. Sharpe?—A.-Yes. 

Q. You are the deputy United States marshal located at Ketchikan?—A. 
Yes, sir. 

Q, Were you in town last election day—last November?—A. 1918? 

(J. Yes?—A. Yes. 

Q- It is alleged that you brought up Dudley Allen and his wife to the polls 
to vote on that da.v—is that statement true?—A. It is not. 

Q. What were the facts?—A. I came over here with them hut didn’t bring 
them here. 

Q. Did you attempt to intluence their vote in any way?—A. I did not. 

Q. Do you know .1, C. Cochran, whose name has been mentioned in this hear¬ 
ing?—A. I do. 

Q. Did you know him at the time of the last election?—A. Yes, sir; and 
some time prior thereto. 

Q. Where was his iwsidence in Novemlier, 1918, and for more than 30 days 
I'rior thereto?—A. llis ollicial residence was Ketchikan, Alaska. 

Ci. You say you are quite well acquainted with him?—^A. Y^es. 

Q. Intimate ac<iuaintance?--A. Yes. 

Q. And you know where his home was?—A. I did; as I stated, his oflicial 
residence was in Ketchikan, Alaska, on November 5, 1918. 

Q. Where was his home?—A. His hoim' was in Ketchikan, Alaska. 

D- And had been for sometime prior to election day?—A. Yes, sir. 

(). Can you tell for how long, approximately?—A. I should say three years 
prior to 1918. 

Q. Do you know Harvey Stackpole?—A. I do. 

Q. And Bob Oliver?—A. Yes, sii’. 

(U Do you know whether either of them were active on election day?—A. I 
know they were active. 

Q. I mean especially with reference to bringing Indians to the polls?—A. I 
know that Harvey Stackpole was active in bringing Indians here. 

Q. How many, aiiproximately, can you state?—A. I couldn’t state approxi¬ 
mately, there were several, I couldn’t state how many, 

O. What did you observe with reference thereto?—A. That he was talking 
to Indians around the streets, bringing them up this way and was instrumental 
in seeing that they got here. 

Q. Can’t you fix the number?—A. No, sir. 

Q. Did you notice whether he had sample ballots?—A. I know he did. 

Q. Wbat was he doing with them?—A. Displaying them and distributing 
them. 

0. Among the Indians?—A. Yes, sir; the sample ballots. 

Q. Did you .‘<ee any ballots?—A. I saw sample ballots in his possession. 

Q. Were they marked?—A. I couldn’t state as to that. 

0. He was handing them to the natives?—A. I saw some of them that the 
natives had thiit were marked. 

Q. How were they marked?—A. In most cases they were marked for Wick- 
ersham and Davies. 

Q. Blank as to the balance?—A. Yes, sir. 

I). Do you know any of the Indians who voted in here that day?—A. I do. 

Q. How many could you give the names of?—A. If I could see a list I could 
tell you better than I could from memory. 

Q. Can you recall any of the names?—A. Yes; Chief Johnson, Starish boys, 
Frank Williams, the Bidleys, who.se initials I don’t recall; the Mathers, I don’t 
recall the IVIathers’ initials. 

Q. Do you know how any of them voted?—A. They told me how they voted, 
I didn’t see their ballots. 

Q, Were any of tliem brought here?—A. I wouldn’t say they were brought 
right in; they were talked to in regard to voting, I know that. 

Q. What about their being civilized and entitled to vote, these natives you 
speak of?—A. I should .iudge one I mentioned there I would deem a proper 
person to vote, Frank C. Williams, or Frank Williams, he is civilized, reads 
and writes and some of the others I wouldn’t consider civilized. 


WICKER^SHAM VS. SULZEE, DECEASED, AND GRIGSBY. 483 


Q, Did you see any of them voting?—A. 1 saw them in here and going into 
tlie booths and passing their ballots in. 

Q: Were you acquainted with the residence of any?—A. Acquainted with 
their residence? 

Q. Yes.—A. Yes. 

i}. What was their residence, those you saw in here?—A. The two Starish 
hoys I knew didn’t reside here in this prec'inct. 

Q. Weren’t there others whom you thought not qualified?—A. One of the 
Itidleys who voted I challenged on the ground that he was an alien, having 
been iHU-n in liritish Columbia. He produced a registration card and Mr. 
Hunt insisted that he he allowed to vote, as he had registed and I let my 
<'hallenge stand on the grounds specified, stating that aliens were compelled to 
register as well as citizens. 

Q. Do you know Mr. Van Mavern?—A. I do. 

Q. Did you escort him to Charcoal Point to vote that day?—A. I did not. 

Q. Do you know whether or not he went there?—A. He said he was going 
out, and afterwards he told me he had walked out to Charcoal Point. 

Q. Do you know Mr. .Tames Sayles and his wife?—A. Yes. 

Q. Do you know whether they voted that day?—A. They voted in this pre¬ 
cinct. 

Q. Do you know whether their residence was in the town of Ivetchikaii at that 
time’.'*—A. I didn’t consider they were residents; I considered them as visitors 
ut the lime. 

ii. Why. had they given up their residence here?—A. If I am not mistaken 
their residence was rented and they had resided in Seattle prior to that elec¬ 
tion, the winter pi*ior, and were up here in the summer months and returned 
to Seattle in the wiiitei* months to their residence. 

Q. They had given up their residence before election day?—A. They had 
resided in Seattle prior to election, during the winter, and I think that he was 
working at Roe Point during the summer, and Mr. and INIrs. Sayles and the 
family had not been living in Ketchikan during the summer, their residence 
was at Roe Point in one of the cannery buildings, upstairs over the store. 

Q. And l)oth IMr. and Mrs. Sayles voted that day’/—A. To my best recollec¬ 
tion in this precinct in Ketchikan, Alaska. 

I>y Attorney Grigsby : 

(}. You said that Harvey Stackpole was very active in inducing Indians to 
vote?—A. Indians and others. 

Q. And do you know who Stackpole was electioneering for?—A. \"es; I 
knew who he was working for. 

Q. Who’?—A. Princijially for Mr. Davies, and incidentally for INIr. Wickers- 
liam. 

Q. How many Indians ajiproximately do you know of voting here in Ketchi¬ 
kan at the time of election?—A. Pretty hard to approximate; at one time 
there were 12 or 14 right in the room here waiting to vote. 

(}. Do you know who brought them up or sent them up?—A. I know that 
<leorge Brown was one out among them. 

Q. Who is George Brown?—A. He is a fisherman residing in Ketchikan. 

Q. Do you know whether he was a Wickersham supporter or a Sulzer sup¬ 
porter?—A. I know he was a Wickersham supporter. 

Q. Very active’?—A. Yes, sir. 

(}. As a matter of fact, it is well known that these Indians practically all 
voted for Wickersham?—A. That is my concei)tion of it. 

(i. You said that Stackpole was distributing sample ballots among the 
Indians?—A. Yes. sir. 

Q. Do you know whether they were Republican or Democratic ballots?—A. 
1 didn’t see the marks on the ones in his hands, but 1 saw them after the 
Indians had voted up here and had discarded them and practically all of 
these sample ballots were marked Wicker.sham and Davies, and in a few cases 
for Wickersham only. 

Q. Did you observe the manner the Indians voted; were they assisted in 
marking their ballots?—A. I know they were assisted in some cases; I know 
Frank Williams went in and marked his own ballot, luit most of the Thlinket 
Indians received assistance. 

Q. Do you know Chief .Johnson?—A. I do. 

Q. Do you know whether or not he received assistance?—A. I don’t recall 
<]istinctly; I remember seeing him around, but I don’t remember just the pro¬ 
cedure when lie voted. 


484 WICKEl^SHAM VS. SULZER, DECEASED, AND GRIGSBY. 


(}. Were you here when there was a eoiiversation hetwf'en (Riarles Deppe and 
Mr. Hunt, who ac'ted as .jiidjte of election, with reference to wlio would mark 
the Indians’ hallots?—A. If I was here at that ttiine I don’t recall the conver- 
.sation ; I don’t reniemher. 

(]. What kind of an Indian is George, otherwise known as Chief .Tolinson or 
(’ultus .lohnson, with reference to being civilized?—A. I should term him an 
uncivilized Indian ; he has jiroven himself such an Indian in the courts here in 
liiiuor cases very recently. 

Do you know whether or not he has severed his tribal relations or is living 
in such tribal relations?—A. He is still regarded as chief; claims that title. 

Q. Do you know whether he regards himself as chief?—A. I know he does. 

Q. Do you know of him holding any potlatches in the last few years?—A. 1 
don’t know just wluit constitutes a potlatch, hut I kn(»w he has had several 
I)owwows and feasts. 

Q. You are familiar with the Indians down here in Ketchikan?—A. Yes; 
I am. 

Q. How do they live as compared with white people?—A. This particular 
Indian you speak of? 

Q. I mean all of them?—A, There are exceptions to the rule. 

(h As a rule?—A. As a rule they live as Indians, not the same as white per¬ 
sons ; put that down on the Thlinket Indians; and the Tsimpsean Indians are 
fairly civilized, hut iwactically all the Thlinkets live in one style. 

Q. Can you name any others you know that voted here on election day?—A. 
Let me see. I think .lames Shields, a Thlinket. 

Q. Is he a civilized Indian?—A. Far from it. 

Q. Do you know how he voted?—A. I know how he was supposed to have 
voted; I don’t know positively. 

Q, Did he tell you how he voted?—A, No; I don’t recall whether he has. 

Q. You haven’t a list of those Indians with you?—A. No; it is up to the office. 

Q. Do you know C. Mather and P. Mather?—A. Yes, sir. 

Q. Do you know the Ridleys?—A. Yes, sir. 

Q. George Booth?—A. I know the Ridleys, but I don’t know their initials. 

Q. George Booth?—A. Yes, sir. 

Q. Is he an Indian?—A, Yes, sir. 

Q. Is he what you would call civilized?—A. Semicivilized. 

Q. Has he given up his tribal relations entirely’?-—A. He is a Tsiini)sean, if I 
am not mistaken. 

Q, I3o you know where he lives?—A. I am not positive; I think in Metlakatla. 

Q. Do you know whether he voted here?—A. Y^es, sir; he did. 

(}. Have you any knowledge as to whom he voted for?—A. I’^.es. 

Q. For whom did he vote?—A. He told me he voted for AVickersham. 

(h Do you know George Keegan?—A. Y^es; I do. 

Q. AAffiat is he?—A. Thlinket Indian. 

Q, Do you know where he lives?—A. I know where he did live. 

Q. AAliere is that?—A. Ketchikan, Alaska. 

Q. Is he a civilized Indian?—A. No; I wouldn’t consider him .such. 

Q. Do you know whether or not-A. That man Keegan we have had up in 

court several times in booze cases, and he has proved himself to be an Indian 
in the sense as applied to the liquor law. 

Q, He is a Tsimi)sean?—A. No; Thlinket. 

(h Have you been in the hou.ses of these Indians here in town?—A. Y’es, sir. 

(}, Do they live like white people, or do they live in one room?—A. Chief 
.lohnson’s residence, the lower tlooi- is all one rcxun. I have never been in the 
upstairs; I don’t know what is upstairs; I think it is an attic. 

Q. Have you been in any other houses?—A. Y"es; I have been in Keegan’s 
residence several different times. 

Q. How is that furnished ; how do they live there?—A. Keegan is very seldom 
at home; he has more or less trouble with his wife. He has two or three 
different places he has resided here. Generally when I got down there it was 
a case of a rough-house of some kind and I was called in. 

(), L>oes he live in one room?—A. One place he lived in had two rooms, two 
or three. 

Q. Do you know how they sleep?—A. In most residences down there, and I 
know the one Moses used to occupy right back of Dick Harris’s, they would 
sleep all around on the floor, and dried fish strung up in there. 

Q. Any other like that’?—A. Chief Johmson’s is practically the same as 
Moses’s residence. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. '485 


Q. Any others thut you know?—A. Several; but I can’t recall the names. 

Q. Do the Ridley hoys live down there?—A. One of the Ridleys lives here, 
und his initials I don’t recall; he lives on the hill back of Inman’s. 

Q. Do you know Matt Fawcett’?—A. Yes. 

Q. Do you know how the persons whose names I have mentioned voted?—A. 
1 know a great number you mentioned voted for IMr. Wickersham; with the 
exception of the Mathers, I am not positive as to them. 

Q. You know that by what they told you?—A. Yes, sir; in practically every 
instance. 

Q- Do you know Joseph Starr?—A. Yes. 

(}. Where is he from*?—A. He lives here in Ketchikan so far as I know. 

cy Down in Indian Town’?—A. When he is not out during the summer 
tishing. 

Q. Has he adopted the habits of civilized life; is he living like a white man?—- 
A. Semicivilized, more on the Indian order. 

Q. Do you know how he voted?—A. He says he voted for Mr. Wickersham. 

Q. Do you consider him within the qualitications which would entitle him 
to ''’ote, as having severed his tribal relations and adopted the habits of 
<*ivilization?—A. No, sir; I wouldn’t consider he possessed those qualitications. 

Q. Do you know Ed. Janies?—A. Yes; I am not very well acquainted with 
him ; I think I have met him once or twice. 

Q. Do you know Philip McKee?—A. Yes, sir. 

Q. Is he an Indian’?—A. Yes, sir. 

(j. Describe him as to qualitications.—A. He lacks the qualitications of a 
voter, hasn’t severed his tribal relations, neither I*eter nor he. 

Q. Do you know James Shield’?—A. Yes, sir. 

Q. Is he an Indian?—A, Yes; he is out of town at present. 

(}. What is he?—A. Thlinket, I think. 

Q. What is your opinion as to his qualitications?—^A. He lacks the qualitica¬ 
tions of a voter, semicivilized, in aliout the same way as the McKays 
[McKees] ; very much the same type of Indian. 

Q. Do you know Joseph John?—A. I have met him, I know, but I couldn’t 
recall- 

Q. Do you know Andy Moses?—A. Yes, sir; he is a Thlinket also. 

Q. Same class?—A. Same class. 

Q. George James?—A. Those James boys—I can’t get them clear; we had 
some dealings with one of them this spring. 

(}. Robert Young?—A. I know of him. 

Q. You don’t know him personally?—A. I may know him personally, but I 
■can’t recall by name. 

(}. Do you know whether these Indians whose names have been mentioned 
voted at i)revious delegate elections?—A. Not to my knowledge; I checked 
over the books; I don’t think they did, unless it might have been one of the 
Mathers. 

Q. This is the tirst effort that had been made to vote them generally?—A. 
A. Yes and this spring. 

Q. Do you know whether there was a decided effort to vote them generally 
in this last election?—A. Yes. 

Q. Ky the Wickersham supporters or the Sulzer supporters?—A. P>y the 
M’ickersham supporters. 

(}. How long have you been deputy marshal in Ketchikan?—A. Four years, 
approximately. 

Q. And as deputy marshal have you had occasion to l)ecome pretty well 
acquainted with these Indians you have mentioned, in the way they live?—A. 
Yes, sir. 

Q. Did you live in Ketchikan prior to the time you were deputy marshal?— 
A. Yes, sir ; I did. 

Q. For how long?—A. I don’t recollect the exact date; approximately two 
years. 

Q. And during that time did you know these Indians?—A. I might have 
seen some of them ; I don’t recall. Most of my acquaintance has been since 
I have been deputy marshal. 

Q. Have you had occasion to go down to the Indian village a great deal?— 
A. Ye , 1 have. 

Q. As a matter of fact, didn’t you go down there several times each week’?— 
A. Ves, and sometimes several times a day, especially in the fall of the year 
when they came in. 



486 ■ WlCKEPvSHAM VS. SULZKR, DECEASED, AND GRIGSBY. 


Q, You are very familiar with the luil)its of those Indians?—A. Yes. 

Q. Taking them as a whole, you don’t consider them qualirted to exercise- 
the franchise?—A. Not the Tldinket Indians. 

Q. The names mentioned—most of those were Tldinkets?—A. Yes, sir. 

(}. Do you know of any Metlakatla Indians wlio came over to Ketchikan on 
election (lay besides those you have mentioned?—A. No, I don’t; if I sat down 
and f^ot a iitt of those who voted I probably would recall them, hut I haven’t 
taken that truhle. 

Q. Now, you were a supporter of Sulzer in the last election?—A. Yes. 

Q. And worked for him on election day?—A. I did. 

D. Did you endeavoi* to j;et any of those Indians from Indian Town in Ketchi¬ 
kan to vote here in Ketchikan (‘u tliat da.y?—A. No; I don’t recjill havinjt talked 
to hut one, and that was one of the Kidleys; he asked me about voting. He 
approached me and asked me wiudher he couhl vote; I ask('d him where he was 
horn, and he told me he was horn in British (’olumhia ; and 1 asked him if he 
had taken out citizen pai)ers in the Ignited States, and he said he had not; and I 
told him, under those circumstances he better not try to vote. And that is the 
same man the Wickersham suppoi'ters ran in here afterwards for to vote, and I 
challenged him, and Mr. Hunt insisted that he be allowed to vote because he 
had registered for the selective-service draft. 

Q. Was he allowed to vote?—A. He didn’t vote at that time; I left shortly 
after. I don’t recall whether he voted or not. 

Q. At that time you mention, do you know how he intended to vote?—A. No,, 
.sir. When he told me where he was born I advised him not to attempt to vote. 

Q. Could you have intluenced his vote if you so desired’,?-—A. I think I could 
have. 

Q. As a matter of fact, with respect to most of these Indians, it is just a 
(piestion of who gets thei’i' tirst and sta.vs with them until they vote?—A. Yes;, 
and rash promi.ses which some unscrupulous politicians might make them. 

Cross-examinatio!) by .Iiidge M'ickkusham : 

Q. Mr. Sharpe, where were y(Ui born?—A. Detroit, Mich. 

Q. How old are you?—A. Forty-tive. 

Q. How long have you resided in Alaska’?—A. Let me see; I don’t recall just 
when I went to Nome—IbOb, I believe. 

Q. You have been in Alaska ever since?—A. No; 1 went outside and came 
back into Ketchikan. 

Q. H(»w long were you in Nome’?—A. Probably three years: three or four 
years; I don’t recall. 

(^. And you have been here five or six years, in Ketchikan?—A. Six or seven. 

Q. You have been deputy United States marshal for four years?—A. Api)roxi- 
mutely; I don’t recall the date 1 took the oRice. 

(}. And you are a Democrat?—A. Y"es, sir. 

And an industrious one?—A. Y^es, sir. 

(}. You were Mr. Sulzer’s personal friend and supp<»rt(u'?—A. Yes. 

Q. And worked very industriously for him’?—A. To the best of my ability. 

(}. You did everything you could to get the voters to come to vote for him?— 
A. In a fair way. 

Q. You say you didn’t bring Dudley Allen and his wife to the polls, but 
walked with them to the polls?—A. That is true; I said that. 

Q. Where did you meet them?—A. At the Stedman Hotel corner, if 1 am not 
mistaken. 

Q. AVhere were you coming from?—A. I don’t know, 

Q. Didn’t you know they just got off the boat?—A. What boat? 

Q. The steam.ship .Teflferson.—A. I don’t think that I did, 

Q. Didn’t you know that the .Jefferson was in that day?—A. I don’t recall 
that it was, it might have be(ui, 

Q. If Dudley .Vilen .says he just got off the boat that moi-ning it is i)robably 
true?—If he says that he jn-obably knows what he is talking al)out. 

Q. You know he wasn’t a resident of Ketchikan?—.V. I don’t know from 

my own knowledge. 

(L You know the pc^ople of Ketchikan pretty well, don’t you?—Y^es, sir. 

Q. You know the people who reside here fairly well, know the houses they 

live in pretty well?—.4. Generally. 

Q. .4nd you didn’t know Dudl(\v .Vilen lived in .luneaii and not in Ketchi¬ 
kan?—.V. No; 1 don’t know to this day where he maintains his residence. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 487 


Q. \oii say tliat .1. C. Codii*aii had an odicial residence in Ketcldkan?— 
A. Yes, sir. 

(^. ^\ here was Ids actual residence in Ketcldkan?—A. I know where he was 
employed. 

C^. ^\ here was he employed?—A. He was employed hy the Sixteenth Unite<l 
States lijjhthouse district while in Ketchikan and sent to work at Lincoln 
Rock Light Station. 

Q. How long had he been in Ketchikan prior to that day, the day of elec¬ 
tion?—A. Immediately prior? 

(L ^ es.—A. That I couldn’t tell you, I know he was on his vacation. 

(L Three or four days?—A. I don’t know. 

Q. You are pretty well ac(iuainted around Ketchikan?—A. Yes, sir. 

(L And you hang around the hotels a good deal don't you here?—A. Yes, sir. 

Q. And you didn't know he just came from Lincoln Rock?—A. No, sir; I 
liaven’t the least idea as to how long he had been here prior to election. 

(). But you have determined that his ofticial residence was Ketchikan?— 
A. I have determined and I knew, I was employed in the same capacity and 
while there my official re.sidence was Ketchikan. 

Q. Where was y(uir actual residence?—A. Ketchikan, here. 

Q. Where were you?—A. Lincoln Rock, in fact I helped to build that 
station. 

(j. Did he work out there too?—A. Not at that time. 

Q. .Just prior to the election of 11)18*''—A. So far as I know, that is my 
idea of it. 

Q. Now, you say you know Boh Oliver and Harvey Stackpole and that they 
were very active on election days?—A. And IR)h Oliver was very active prior 
to election day. 

Q. You were around the polls this very day yourself, weren’t you?—A. Elec*- 
tion day. 

Q. Yes?—A. Yes. 

Q. Were you active too?—A. Yes, sir. 

Q. What were you doing?—A. Working generally, challenging for one thing 
and another. 

Q. Bringing voters, etc.?—A. No sir. 

Q. Didn’t do that?—A. I talked to parties otuside, hut didn't bring any in 
and didn’t come within the si)ecitied distance I'ecpiired hy law to the polls. 

Q. But outside?—A. But outside everything I did on election day was legiti¬ 
mate. 

(L You have no doubt of that?—A. And within the law. 

Q. You have no doubt of that? What did you see Boh Oliver doing that 
wasn’t legitimate?—A. One thing, he objected to me acting as a challenger. 

(L Why did he object to you acting as a challenger*?—A. On account of me 
being a Government official; he contended that a Government official lost hi.s 
civil rights. 

Q. And you didn’t think so?—A. No, sir. 

Q. And you continued to act as a challenger?—A. Yes, sir. 

Q. What was Boh doing around here that day?—A. Generally active in 
several ways; I couldn’t tell you every word he said, but he was generally 
active, as a politician would he on election day. 

Q. He was in the room all day*?—A. I'art of the day; I was in and out 
myself; he might have been out doing my absence. 

Q. Wasn’t he the oflicial Republican challenger?—A. He filed his credentials. 

Q. And remained here all day*.-'—A. 1 don*t remember; I saw him here. I 
wasn’t here all the time my.self, and in my absence I couldn't tell you what 
Mr. Oliver was doing. 

Q. What did you see him doing that you didn’t think was legitimate?— 
A. His general attitude and the manner in- 

Q. He was boosting for the Republican ticket?—A. Very strongly right in 
here, I should consider it, as I figured him as the official teller and knew he 
was the man who looked out to see that they got their ballots and were 
properly attended to. 

Q. Did he go into the booth with anybody?—A. Not to my knowledge. 

Q. What did he say to any voter*?—A. I couldn't repeat the exact words, hut 
it was his general attitude. 

Q. His general attitude was in opposition to your general attitude?—A. His 
general attitude was in opposition to the conduct of a fair and impartial 
election. 



488 


WK’KEruSHAM VS. SULZP:K, I)E(^EASEI), and GRIGSBY. 

Q. Ill tryinjr to jjet the Uepiiblienii ticket elected?—A. Ilis f^eneral actions 
were whjit I slioiild deem they shouldn’t he at the polls, 

Q. In what wny?—A. .lust his general behavior, hutting into various things 
that didn’t concern him. 

(). (’Imllenging your right to act?—A. When anyone would come in and was 
<-hallenged that he didn’t think should he he would try to defend the party. 

(}. Didn’t you do that?—A. I put my challenge and specitied the grounds 
I challenged on. 

Q. Isn’t that what h(‘ did?—A. He would side in and try to qualify the man, 
as well as Mr. Hunt: that is his general attitude I have reference to. 

Q. lUit he sat in here all day and acted as official challenger?—A. I saw 
him while I was here, but I don’t know whether Bob Oliver was here con¬ 
tinuously. 

Q. But whenever you were here, he was here?—A. I wouldn’t say he was 
all the time. 

Q, Do you remember any time when he was not here?—A. I don’t recall. 

Q. Now, Harvey Stackpole. what did you see him do that day that you 
thought not proper for a Republican who was working for the ticket like you 
M’ere woi-king for the Democratic ticket?—-A. I can’t answer that question in 
its present form, if you will ask me what I saw Harvey Stackpole do, per- 
.sonally, and leave off the other end of it, I will answei*. 

(J. Well, leaving off the other end?—A. He was offering advice and what I 
tleemed ])riming some of the answers, endeavoring to get the Indians’ votes in, 
(arrying Indians in, inducing them to vote, distributing .sample ballots. 

You heard those two Indians testify liere this iiKuaiing?—A. The Starish 
brothers? 

Yes.—A. Yes, sir. 

Q. You .spoke about him having .sample ballots?—A. You refer to^ those 
natives having sample ballots? 

D. Yes; wasn’t that a very common thing?—A. Yes. 

Q. Wasn’t that being done by Itoth sides?— A. Yes. 

(J. Didn’t you see any Democratic sample ballots?—A. Yes. 

You saw sample ballots on both sides?—A. But I didn’t see Democratic 
sample ballots distributed in that manner, I haven’t any knowledge of .such a 
transaction, not to Indians, at least. 

(i. But there were Democi‘atic and Rei)ul)lican sample ballots freely dis¬ 
tributed in the town of Ketchikan and all over the Territory on election day?— 
A. I don't know about the Territory, only Ketchikan. 

Q. It was done here?—A. I know Republican ballots were distributed among 
the Indians. 

No Democratic?—A. -Not among the Indians. 

Q. You are an officer aren’t you’;'—A. Yes, sir. 

Q. And it is your duty to prevent the commission of crime?—A. Not any more 
than any citizen of the United States. It is my duty to serve process when 
process is handed me. 

Q. That is about the end of it?—A. That is my official duty. 

Q. Did you challenge any of these people on election day’?—A. Ye.s, sir. 

Q. AVh(> did you challenge’?—A. So far as 1 recall they were all Indians. I 
challenged one of the Ridleys. 

(,). And he didn’t vote at that time?—A. Not at that time. 

Q. You don’t know whethei* he voted after that or not?—A, No, sir. 

Q. You don’t know what his name was’?—A. Ridley; I know the man when I 
see him, his first name I don't know. 

Q. You are a constal)le under the laws as well as a deputy marshal Mr 
Sharpe’?—A. A constable? . , . 

Q. Yes. A. N<>, sir; that constable is a thing of the pa.st, that has been 
abolished. 

Q. Now, you know the Mathers?—A. Yes, sir. 

Q. Did you see them vote election dtiy?—A. 1 saw them in here; I didn’t see 
them mark their ballots or go through the full transaction. 

Q. A\ hat do you think about them, do you think they are citizens of the 
United States?—A. My idea of tho.se people is that they'were born in Britisl> 
Uolumbia and not legal voters. 

Q. You know one imns a machine shop?—A. Yes; I know both, but I don’t 
know the owner. 

Q. Comsidering him, the one that runs the machine shop?—A 4re you sure 
his business is running a machine .shop? 


WK’KERSEiAM VS. SULZER, DEC'EASED, AND GRIGSBY. 489 


ii. What kind of a slio]) have tliey ,i;ot there?—A. Small machine shop, 

(}. He is a machinist himself?—A. 1 don’t know he is. 

Q. Didn't yon see him in there workiiij;?—A. I see men working; with car¬ 
penter tools who are not car])enters. I don’t know he is a machinist. 

(}. Yon have .^een him working; in the shop as a machinist?—A. I have seen 
him in the machine shop workinjr. 

Q. Where does he live?—A. Kijjht hack of the machine shop. 

Q. Does he own that propei’ty?—A. I believe he claims that property. 

Q. Yon understand he owns it and has jiot the title to it?—A. 1 conldn’t tell 
yon that; I never looked np the record. 

(}. He lives there with his own family?—A. Yes, 

Q. He lives sei)arate and apart from everybody else in his own house?—A. 
As far as I know. 

Q. Wears pretty ftood clothes, as mechanics j?o, doesn’t he?—A. Yes. 

Q. Talks p]nj*iish?—A. Fairly well. 

Q, Reads and writes Ehijjlish?—A. I don’t know. 

Q. Do yon know where he was hoiai?—A. I don’t know where he was horn. 
I know where he was sni)posed to have been horn. I wasn’t present at the time; 
hearsay is about the only way yon can prove anythinjj about births. 

Q, lie has a brother here who runs a store?—A. The jrirls rnn that, so far 
as I know. 

Q. Their brother owns it?—A. The j;irls. 

Q. Whose girls?—A. Mather girls. 

Q. Doesn’t he rnn it sometimes?—A. Very seldom. 

(2. Yon know it is his place?—A. I don't know it is his ])lace, either. 

Q. Aren’t his girls there?—A. I don’t know; their name is Mather. 

Q. They are there as clerks?—A, They seem to he running the business. 

(}. Do yon know where he lives?—A. No; I do not. 

Q. Yon do not know that he resides in his own home which he owns here?— 
A. T don't know anything of the kind. 

Q. His girls a’e well dressed, good-looking girls'.-'—A. Fine-looking girls. 

Q. They talk khiglish and read and write?—A. I don’t know whether they 
read and write; I know they talk English. 

Q. Behave themselves?—A. Yes. • 

Q. It is a nice store there?—A. Fairly good-looking store. 

Q. There is nobody in there hnt ^Mather; living there and doing hn.siness 
there, as far as yon know'?—A. I have seen these girls there. 

Q, Isn’t there a third one of the Mather brothers?—A, There are only two 
I recall; maybe there is a third one tliat 1 don’t know. 

Q. Do yon know whether their father was made a citizen of the ITnited 
States in 1<S98 by the Ihdted States disti'ict court in this division?—A. I don’t 
know anything ahont that; I don’t know their father. Don’t recall him. 

By .Indge Wickersham. I ask leave here to file a certified copy of the final 
citizenship pai»ers of their father. I gave the pai)ers yesterday to the hoys—I 
had had it certified at .Tnnean—to this one that rnns the store yesterday- 

By Attorney Grigsby : 

Q. Yon will have an opiiortnnity to tile it in connection with some other 
witness, .Indge. 

(Above discussed citizen papers not filed at this time.) 

By .Indge W ickersham : 

Q. Do yon know George .Tohnson?—A. Chief .Tohnson? 

Q. Whom yoii call Chief .Tohnson?—A. Yes; I didn’t know at first whether 
that was the name yon referred to. 

Q. He has a home of his own, does he?—A. Yes, sir, 

Q. W’'here he resides'?—A, Part of the time- 

Q. W'lth his own family'?—A, They are generally gathered there most of 
the time. 

Q. His friends come in to see him once in awhile?—A. And others live there 
M'ith him, too. 

He has lived there how many years?—A. I conldn’t tell. 

(>. Talks Iilnglish?—A. Not very good. 

Q. Poorly then?—A. Very poorly; the fact is, we have to n.se an interpreter 
before the court. 

Q. Isn’t that generally true with all Indians who talk good English?—A. You 
know it isn’t. 




490 WK’KEKSHAM VS. SULZER, DECREASED, AND GRIGSBY. 


C2. Frank Williams, you said, was a .i?ood man?—A. Frank Williams, 1 said, 
had considerable civilization and possessed education enoujrh for to qualify him 
as a voter, 

Where does he live?—-A. Ketchikan, as far as 1 know. 

Do you know where his house is?—A. No; I don’t know. 

(}. All these natives wear clothes and go to church and send their children 
to school, when they have got a school?—A. No; they don’t as a rule; some of 
them do. 

By Attorney Shoup: 

Q. Do what?—A. He put a general line of questions and I am answering it 
generally. 

By .Judge Wickersiiam : 

They all do N^ear clothes?—A. I have seen them when they didn’t have 

them. 

Q. I will not ask any questions about that?—A. And painted up, too, .Judge. 

Q. How long ago?—A Within the last two years. 

Where?—A. In Ketchikan. 

Q. What were they doing?—A. Drinking; a l)unch of INIexicans had marked 
them up, liad a paint pot there, 

(,). But you have seen white men do some tricks?—A. Not as pronounced 
as that. I have seen them with their regalia on, too, at their ])ow pows, 

(). Down in what is called Indian Town, as a mattei' of fact, other ])eople 
own ))roperty down there, don't they, it is sdl within the limits of the incor¬ 
porated town of Ketchikan?—A. Spoken of here as the town generally, is within 
the incorporated limits of the town. 

Q. Isn’t it true the Indians hold title to their own property?—A. Not all of 
them. I don’t think the Mathers who conduct that grocery store own that 
building. 

Q. They have rooms in the building?—A. I think so. 

Q. I am asking you generally about their homes?—A. No; I think there is 
just about a dozen who have. 

(j. A good many rent?—A. Yes. 

' (^, But they live in a neighborhood where white peojde live?—A. No; not 
altogether. 

t,). Do you know whether or not white people live all along there in those 
houses?—A. Very few whites. 

(j. Some?—A. Vei-.\ few whites; there is one place that is practically all 
Indians, and that i.s right on that end of Kounsfeld’s cannery, a bunch of shacks 
there, and I don't know of a white ]>erson in there, and you get right back of 
this, nest of boats there are a bunch of shacks, and there are practically all 
Indian;; living tliere. 

Q. They own them?—A. No, sir. 

(}. Who owns them?—A. I couldn't tell, I know some of them pay rent. 

(y But a great many of the Indians own their own homes themselves?—A. 
Some of them own their homes. 

Q. And the others i)ay rent?—As far as I know, or agree to pay it. 

Q. Now, Frank Williams, you say, reads and writes?—A. Yes. sir. 

Q. Isn’t that true of the Mathers?—A. I couldn’t say. 

Q. .lames Shields, how about him, can he read and write?—A. I don’t re¬ 
member. 

Q. Is he well educated?—A. I don't think he is well educated. 

(^. How about George Booth?—A, I don’t know whether he writes or reads, 
ho talks fairly good English. 

Q. How alxuit George Keegan?—A. I don't know whether he reads and 
writes. I know he is a hard customer to deal with. 

Q. Now, .Joseph Starr, does he own his own residence?—A. I don't know, I 
think .1. B. Heckman owns that building. 

Q. You know he ])a,vs Heckman rent?—A. Ih-obably not, agrees to. 

Q. You are not well ac(piainted with l^]d. .lames?—A, I could tell better if 
I could see him, maylx! I am well acquainted with him. 

Q. But you don’t know whether he reads and writes English or not?—A. No. 

You know I’hilip McKay'?—A. I know McJCay to be a pronounced Indian. 

Q. Isn’t he a, shoemaker'?—A. I don’t know. 

(j. Why don’t you'?—A. I never had occasion to have any shoes made for 
one thing, nor any repaired, and. have never seen, his shop. l)ut this pair need 
to be repaired. [Show;, hi; slioes to the judge.] 


WICKERSHAM VS. 


SULZER, DECREASED, AND GRIGSBY. 


491 


Q. I)(U\ t you know Philip McKuy wears 
him il' lie does. 


j;ood slioes?—A. 1 would swap with 


(>. DoiEt you know he reads and wi-ites Eimlish and talks Eim-lish?—A. No. 

(}. Don t >011 know him? A. 1 know him hy si^ht, and I know him hv hi.s 
jjeneral reputation. 

Q. You say all these peo]de are Thlinkets?—A. No. I said tlie Thlinkets are 
a diheient race fi'oin the Tsimp.sean, and the Thlinkets are not so advanced in 
civilization as the Tsimpseans. 

Q. The Thlinket.s are a native Alaska Indian?—A. Yes, sir. 

(J. And the>' have resided around Ketchikan ever since you have been hei’e?—• 
A. As far as I know they are supposed to have originally ori^jinated around 
here, their ancestors; maybe tliey came from Biatish (k>luml)ia, but the 
lsinii>sean Indian is a tribe that came from British (%)lumbia orijjinally. 

Q. A\ hat do you know about that?—A. Well. I only know what I read and 
heard in. repird to Father Duncan having mij>rated to Alaska with his tribe of 
Indians, the* Tsimpseans. 

Q. About 40 years aj?o?—A. Sometime ajjo. 

Q. Nearly all of these' young fellows have' been born on tins side?—A. Pdon’t 


know that. 

Gb ^ on don't recall Joseph John?—A. Yt‘s; I know the name; probably know' 
the Indian ; may be well aceiuaintesl, if 1 could see him. There are those 
Indians whose names I can’t recall. 

Let me go back to James Shields. I skii)iHHl him. You know him?— 
A. Yes, sir; I have had ipiite a little trouble with him. 

(L You have had a good deal of trouble with a good many of these people, 
haven't you?—A. No. 

Q. As a matter of fact, they don't like y<»u any better than you like them?— 
A. I don’t know as I laul any ill-feeling t<>wai‘d them, but as my otticial duties 
have called me down to their pow'-wows and drunks many times, it has made 
them mad by my butting into those; they don’t like that and I don’t blame 
them. 

Q. Don’t all these people belong to the Alaska Labor l^nion here?—A. I 
couldn’t tell you. I am not a member, and you will have to talk to those wdio 
are members. 

Q. But don’t you think they are civilizeil?—A. As I have already stated the 
Thlinket Indians, as a whole, I don’t consider civilized. 

i}. Do you consider any of the Indians are civilized?—A. Why, yes. 

Q. What particular Indians?—A. I couldn’t say. I consider Frank Williams 
civilized. 

(L He is the only one'?—No; he is not. There are a lot of Indians I know 
who are civilized wJiose names I can’t call off-hand. 

Q. The.se people all live here in hou.ses?—A. Some on boats and .sJiacks, scat¬ 
tered around. 

Q. Don’t you know James Sbields is a fisherman?—A. I don’t know the man. 

(}. And has been superintendent for some cannery every year and \vorks 
hard?—A. I don’t know' anything about that. 

Q. I am talking about James Shields, the Indian. George Booth, you think, 
is only .semi-civilized?—A. Yes, sir. 

Q. Don’t he talk English?'—A. Yes. 

(J. Can he read and write?—A. I don’t know anything about his reading 
and writing. I haven’t had any occasion to observe that. 

Q. Where does he live?—A. Metlakatla, I believe. 

(L Do you know'?—A. Back and forth on the road betw'een here and Metla¬ 
katla. They W'ill be in Metlakatla for a while and then over here—back and 


forth. 

(J. They have their home at Metlakatla, that family?—A. They have an es¬ 
tablished business here. 

(y They are in Metlakatla if they are not kept here by business?—A. Yes, sir. 

(L Jo.seph John you don’t know'; Andy INIoses, he is a Thlinket?—A. Y"es, sir. 

Q. Where does he live?—A. He used to live back of Dick Harris’s. 

(N M’here did he live about November, 1918?—A. I think, directly back of 
Dick Harris’s store. 

(>. His ow’ii house?—A. I don’t know' w'hether he ow'iis it—a big one-room 
house. I took many a booze case out of there. 

Q. You have taken many a booze case out of other houses around here’?— 
A. That one in j)articular. 

(}. I didn’t ask you that.—A. Mostly Indians. 


432 


WICKERS HAM VS. SULZER, DECREASED, AND GRIGSBY. 


Many a while man's house around here yon have taken hooze from?—A. 
I don’t know of any wliite residents. 

Q. Nor the Filipinos?—A. Yes, sir. 

(}. So tliat it isn't tlie Indians wlio drink all the liquor?—A. We were dealing 
with Indians, so I thoiiglit I would tell you about them. 

(^. I am trying to make a comparison.—A. I have taken more hooze cases out 
of Indians’ houses, by way of comparison, than out <>f white residences. 

Q. They are easier misled than the white'.''—A. No doubt of it, to my mind. 

Q. Ed .lames you don’t know?—A. No; I don’t say I don’t know him; in all 
probability I know bim if I could see him. 

(^. llobert Young?—A. Robert Young; well, i)robably, if I could see any of 
them, I would know them well. 

Q. You don’t consider that .Tames Sales and his wife were residents of 
Ketchikan?—A. No, sir. 

Q. Didn't own property there?—A. I believed they owned property there. 

Q. Owned a dwelling house here, didn’t they?—A. Yes, sir. 

Q. And Sales, .Tames Sales is a cannery foreman—A. He has been a can¬ 
nery superintendent. 

Q. And was in 1918?—A. I thiidv in 1918, if I am not mistaken, he was at 
Roe Point, not occupying his residence here. 

Q. And prior to that time he had been a cannery superintendent and fore¬ 
man at other canneries';'—A. Well, let me see; not to my knowledge; he had 
worked around canneries, but- 

(}. But when he got through working he came back to Ketchikan?—A. No, 
sir; he didn’t. 

Q. Hadn’t he come back to reside here?—A. I know he didn't do that; he 
Went down to Seattle. 

Q. As superintendent of the cannery, he has to superintend the transporta¬ 
tion ami sale of the pack?—A. I don’t think he acts in that capacity; he was 
with the Northwestern fisheries at Roe Point, and the Northwestern Fisheries 
have men who handle their pack. They have their oflicers in Chicago and men 
who sell their pack. 

Q. And he owns his house and came back and lived here for a time this 
year'?—A. Not to my knowledge. 

(^. You don’t know whether he has or not?—A. I say I don’t know a thing 
about it; he didn’t, to my knowledge, and I don’t believe he did. 

Q. I am not asking what you believe in regard to Mr. Sales; I am asking you 
what you know about it.—A. I know he was stopping down to Waketield’s 
for a time when he was here temporarily. 

Q. But you don't know he resided in his own house at that time?—A. And T 
don’t believe he did. 

Q. You are a very strong partisan, IMr, Sharpe?—A, Yes, sir. 

Q. When you think you are right you just think it as strong as any of (he 
rest of US’? —A. You bet you. 

Q. Now you say some of these Indians told you they voted for Wickersham?— 
A. Yes, sir. 

Q. Did they come and hunt you up and tell you this'?—A. No, sir; I hunted 
(hem up. 

(}. And asked them?—A. I certainly did. 

What did you do that for?—A. To find out how they voted. 

Q. How extensively have you done that?—A. I did that only in a few In¬ 
stances. 

Q. You have been industrious in belping to gather up the witnesses in this 
case, haven’t you?—A. Y"es, sir. 

Q. You and that man, Billie Dickinson?—A. You will have to si>eak to him. 

Q. I happened to pass you down the street and saw you and Dickinson talk¬ 
ing.—A. That would be hearsay. I am not going to tell you what I was doing, 
because it particularly related to you. If you want it in the record, I will 
give it to you. 

Q. However, I think one can imagine what it was without putting it in the 
record and making George pay for it. As a imitter of fact, you have been 
industrious in gathering up evidence for the contest' and doing everything 
you could?—A. The last couple of days. 

Q. Everything in the way of shaping up f<u- them, lindiiig the Indians, con¬ 
sulting with them?—A. I served the subpienas. 

Q. Did you get pay for it?—A. I refuse to answer that question. 

Q. Why?—A. Because I don’t think you are entitled to know. 



WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


493 


Q. You are a United States deputy marshal ?—A. Yes, sir. 

(}. And it is your l)usiness to take and serve papers?—A. Yes, sir. 

(,>. And have tlie fees paid?—A. When they are issued hy a eourt. 

Q. But in tins ease you don’t eiiar^e tlie fees? I am asking;' ycm tliat because 
every deput.v marshal who lias served papers for me lias charged me like 
lilazes for ids services?—A. I don't blame them ; I would do the same. 

Q. But you don’t oil the other side?—A. When i)rocess is issued hy a court 
and returnable to that court and the fee hooks specify that the serving of that 
process has to he iiaid. 

Q. But you have not charj 2 :ed for services in this matter?—A. Not yet; I am 
not done with it. 

Q. Are you going to?—A. I don’t know; I am going to look it up and lind out. 

(}. It has been testitied to here in your jiresence that there were something 
like 30 Indians who voted here?—A. Yes, sir. 

Q. How many of them have you talked to?—A. A>ry small iiortion of the 30. 

Q. Why have you made it small?—A. Why. -I didn’t think it necessary to 
talk to them all; some of them couldn’t he lo(;ated, for one reason. 

(i. As a matter of fact, you talked with those only you thought voted for 
Wickersham and not any of them who voted for Sulzer?—A. That is not right. 

By Attorney Grigsby ; 

(}. Wickersham aske<l you one general question a few minutes ago, in which 
he said—he asked you whether you had been assisting in shaping up the testi- 
money of the witnesses; have you done any shaping up testimony?—A. Every 
Indian I talked to I have just told him to tell the truth in the matter. 

By .Tudge Wickersham: 

Q. You served as a guard in the jail during the Kepuhlican administration?— 
A. No, sir; I did not; I served under a liepuhlican deiiuty serving under a 
I )emocratic administration. 

W. B. Sharpe. 

Suliscrihed and sworn to liefore me this 8th day of October, 1919. 

[SEAL.] Will H. Winston, 

Notary Public. 

At 10 a. m. October 11, 1919, hearings continued. 

Attorney Grigsby. You made an offer to i)resent the other day certain docu¬ 
ments that you didn’t have. 

.ludge Wickersham. Well, one of the Mather ho.vs has it. 

Attorney Grigsby. No; it was some record. 

Judge Wickersham. .lust citizen papers, that is all, that I turned over to 
the Mathers. 

DEPOSITION OF BEN RIDLEY. 

BEN RIDLEY called and sworn. 

By Attorney Cosgrove: 

Q. What is .vour name?—A. Ben Itidle.v. 

Q. Where do you live?—A. Right here in Ketchikan. 

Q. Are you a'n Indian?— A. Yes; Indian. 

Q. Are you married*?—A. No; single. 

Q, What is .vour business’?-—A. Working in the mill; for four years now. 

Q. Where were .you liorn?—A. Metlakatla. 

Q. Did you vote election day last November?—A. For Wickersham and J. L. 
Jones. I vote Wickersham and .1. Jj. .Tones. 

Q. You voted for Wickersham and J. L. Jones?—A. Yes. 

Q. How did you come to vote for Wickersham and Jones?—A. Well, I vote 
as I get mv registration card. 

Q. Were .vou called to the Army?--A. I have got registration card. 

Q. You have got registration card’?—^A. I have that. 

Q. How did you come to vote—anybody come up here with you?—A. Lots of 
our people be voting here before I come in. 

Q. Did you come alone, or was somebody with you?—A. Alone. 

Q. Did anvbody tell .vou to come here?—A. No; myself. 

Q. Any man ask you to come? You had registered’?—A. I think, I did it. 

Q. And who told you you were entitled to vote’:'—A. I think I am a citizen 

after that. 


494 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q, Did all those other Indian hoys do that tooV—A. Lots of hoys over here 
vote that election day. 

Q. And hoys who live in ^NletlakatlaV Did the other hoys yon know who 
voted here live in Metlakatla?—A. I think they voted over thei’e themselves. 

Q. When was that election?—A. I think about last fall. 

Q. At the time yon voted for Wickersham and .Tones?—A. Ye.s. 

Q. And you were living in Metlakatla at that time?—A. No; over here, here 
pretty near seven years. 

Q. Did you ever live in Metlakatla?—xV. Born there, hut I live here almost 
seven years now. 

Q. Continuously?—^A. Yes. Only visit there once in awhile. 

Q. You call Ketchikan your home?—A. Ketchikan, I call Ketchikan home. 

Q. Have you talked with anybody about your giving testimony here? Have 
you talked with any man about coming up here this morning? Who told you 
to come uj) here?—A. I got paper from Winston. 

Q. Did you talk with Mr. Winston about testifying here?—A. No. 

Q. Anybody else?—A. A man was down there last Monday, I think it was last 
Monday and give me paper in the mill. 

Q. Did you talk with anybody else about your testimony—about what you 
were going to say?-—A. No. 

Q. Where do you live in Ketchikan?—A. lave down in Brown's house, down 
on Thompson’s Dock. 

Q. xVre you alone there?—A. Sister and brother-in-law. 

Q. How many in the family?—A. INIy sister has two children, and two sisters 
in the same house; other one married and other one single. 

(y How much of a house is it?—A. About a small house. 

(}. One room?—A. Yes. 

Q. .Inst one room?—Al)out three rooms in it. 

(y What tribe of Inlians do you belong to?—A. Tsimpsean. 

(y Have you no chief over on this side of the line?—A. N<»; have no chief in 
IVIetlakatla. 

(>. How long had you been in town just before election last fall?—A. I stay 
here most of the time. 

Q. How long?—A. Almost seven years; I stay in the city here. 

(}. You have been out of town some of the time, haven’t you, during this 
seven years?—A. I was down below before. 

(y You were over to Metlakatla some of the time?—A. .Tiist for a visit once 
in a while; didn't stay there. 

(y How long had you been in town without leaving town just before elec¬ 
tion?—A. I don’t know; it was last fall. 

(y You go over to INIetlakatla and stay two or three months at a time?—A. I 
visit once in a while and stay most of the time around here. 

(y You stay two or three months on a visit, don’t you?—A. xVlmost a month, 
I think. 

Q. You have got relatives in Metlakatla?—A. Aly mother and grandmother. 

(y Don’t you know just how long you were here before election day?—A. I 
know that. 

(y Do you know Bob Oliver?—A. Bob Oliver? 

(y Yes.-—A. No; who is he—a native? 

Q. He is not a native; at least, so far as I know, he isn’t. 

By Attorney Grigsby : 

Q. This gentleman [indicating].—A. Oh, that him. I know him since last 
June. 

By Attorney Cosgrove : 

Q. Do you belong to the Alaska Labor Union?—A. Yes. 

(y Were you down there last night?—A. No; I wasn’t down there. 

(y Did you talk with Oliver oi’ anybody from the Labor Union about this 
case?—A. No. 

Cy It never occurred to you to mention it?—xV. No. 

Q. When was the paper served on you?—A. Last Monday morning when 
■down to the mill. 

(>. Did you show the paper to anybody?—A. No; I put myself in pocket. 

Q. Never showed it to anybody?—A. No. 

Q. Never tell anybody you come up here?—A. From down in the mill I tell 
him I would be up here 15 minutes, the only man I speak to. 


WK’KERSHAM YS. SULZEK, DECEASED, AND GRIGSBY. 


495 


I5y Attorney Guigshy ; 

Q. Did anybody come with you to the polling both when you voted?—• 
A. When? 

Q. When you voted for Wickerslniin last November.—A. No; all alone here. 
Q. Has anybody been down 1o the place you work to talk to you siiu-e they 
served you that subpoma, at all?—A. I think I saw in paper to come. 

Q. Answer my (piestion ; has anybody talked with you at all?—A. No. 

Q. Didn't Mr. Wickersham talk to you?—A. No. 

i}. Did you talk to IMr. Wickerslnnn?—A. I know since last- 

Q. Did- 

Judge WicKKHsHAM. Wait, let him answer the <iuestion. 

Attorney Gki(;s]?y. I will (lo the waiting jind you do the objecting. 

Q. Do you know Mr. Shoup?—A. No. 

Q. Did you ever talk with ]Mr. (')liver?—A. No. 

Q. ^^’ho marked your ballot foi’ you when you voted?—A. 1 don't know, 1 
know in here. 

Q. Mr. Hunt?—A. I think ]Mr. Hunt, only man I know in here. 

Q. One of the judges?—A. I don’t know judge. 

Q. He was one of the officers running the election here was he?—A. Yes; 
Hunt was here. 

Q. And helped you to mark your ballot?—A. No; I think he mark it down 
for me. 

Q. Did you tell him how to mark it?—A. No. 

(}. You didn't tell him how to mark it?—A. No. 

Q. Did you tell him who you wanted to vote for?—A. I sign my name I think. 
Q. On what?—A. On the Wickersham voting papers. 

Q. You signed your name on the Wickersham voting i)aper?—A. Yes. 

Q. Tn a book?—A. On i)aper; i)iece of paper. 

(}. You wrote your name down?—A. Yes. 

Q. And ^Ir. Hunt marked your ballot for you?—A. I think it was him. 

Q. Did you tell him where to mark it?—A. No. 

Q. Did lie tell you where to sign your name?—A. No. 

Q. (’an you read and write the English language?—A. Yes. 

Q. Good'?—A. Not so good, my education not so good, but I can read and 
write. 

Q. W’hy was it necessary for AD-. Hunt to mark your ballot for you?—A. I 
<lon’t know what you say. 

(^. Did anybody go with you, ]Mr. Hunt and you, to the booth where you 
marked your bnlh t?—A. I think the man Hunt, on same table as here, and 
he put a mark on my voting paper. 

Q. You were born in ^Nletlakatla were you?—A. Yes. 

Q. And you claim you live in Ketchikan?—-A. Yes; up here. 
i]. Did you ever live at Saxman?—A. No. 

(}. You are working in the sawmill now?—A. Pretty near four years now. 

Cross-examination by Judge Wickersham : 

(}. Hen. how (Jd are you?—^A. Over 23, going on 24. 

Q. You say you were registered for the war?—A. Yes. 

(}. Where were you registered?—A. I>own to the customhouse office I think. 
Q. Here in Ketchikan?—A. Here in Ketchikan. 

(}. Have you got a registration card?—A. I think I have got it at home. 

Q. You haven’t got it here?—A. I think I have got it home or somewhere. 

Q. Weren’t a good many of the native boys here registered?—A. I think 
pretty near all of them. 

Q. Did some go to war?—A. One boy from INIetlakatla, but he didn’t go 
to war. 

Q. Where did he go?—A. To the training camp down there. 

Q. Metlakatla is here in Alaska?—A. Yes. 

Q. And you were born in Alaska?—A. Yes, born in Alaska. 

Q. And you have lived in Alaska ever since?—A. Yes. 

Q. Where did you go to school, Ben?—A. Down to Tacoma, Waish. 

Q. Down where?—A. Down below to Tacoma. 

Q. The Cushman school in Tacoma?—A. Yes. 

Q. How long did you go to school there?—A. For three or four years. 

Q. Did you go to school in Metlakatla before that?—A. I was there a little 
while, but didn’t go—stay there. 





496 WICKEKSHAJM VS. SULZER, DECREASED, AND GRIGSBY. 


Q. Where else did you go to school, is lluit all?—A, I think that is all; 
didn't have much school in iny life. 

Q. Do you read English?—A. Read a little, 

Q. Do you ever read the papers?—A. Yes; read the papers. 

What papers?—A. Ketchiken Times and some other books. 

Q. And some other books?—A. Yes. 

(). Do 3^011 subscribe to the paper?—A, No ; I haven’t subscribed. 

Q. It conies to the house?—A. Yes. 

Q. Where you live?—A. Yes, but 1 buy it in town. 

What hooks do you read, what magazines?—A. Some magazines. 

What magazines do j’ou read?—A. Roinilar Mechanics. 

Q. The Popular Mechanics. What is your husiness, Ben?—A. I have none, 
t}. I>o jam work?—A. Down in the mill the last four years. 

Q. What sort of a mill is it?—A. Working all over there. 

Q. It is a sawmill, is it?—A. Yes, sawmill. 

Q. What are j’ou doing in the sawmill?—A. I work all over, this j^ear I went 
on trimmer saw. I was on the cleaver two seasons. 

Q, You worked on the cleaver.two seasons. Do you know Robert Ridley?—- 
A. Yes; he is my first cousin. 

Q. He is j^our cousin?—A. I'es, 

(}. And who is Mariam Ridlej'?—A. Mariam? 

Q. l^es.—A. Mariam Ridley. 

(}. She is not here now?—A. I don’t know whether she is in town, down 
below I think. 

Q. Robert Ridley is a cousin of yours?—A. First cousin. 

Q. Does he live in Ketchikan also?—A. He has got a home here. 

Q. And has a famil.v?—A. Has about three sons and two daughters. 

(y Now, over to Metlakatla, any of the natives over there have a chief?—A, 
No; don’t have anj’ chief now, 

Q. Father Duncan established Metlakatla, didn’t he?—A. Yes. 

Q. Some natives came over from Old Metlakatla, British Columbia, to New 
Metlakatla in Alaska?—A. Over HO .vears since the.v come over in America. 

Q. And Father Duncan established a new native village in New Metlakatla?—- 
A. Yes. 

(}. Father Duncan was a member of the church?-—A. Yes; a mini.ster. 

Q. Minister; and he established a sawmill there also?—A. Sawmill and 
cannery. 

Q. And the natives have an interest in that sawmill and cannery?—A. 
Didn’t have when Father Duncan was there, but have it now since he died. 

Q. Do they have a school there?—A. P>ig as any school in Alaska now. 

Q. And a church?—A. And a church. 

(y But no chief?—A, No chief. 

(y And no tribal relations?—A. No, 

Q. Live like white ])eoi)le?—A. Yes; like white people now. 

Q. They live in their own liomes?—A. Yes; own homes. 

Q. What kind of homes have they built?—A. As well as over here; good, 
nice houses there to live in. 

Q. And jou have had no home there for about seven j’ears?—A. Yes. 

Q. And where do j'ou live now—this seven .vears?—A. Over here in 
Ketchikan. 

Q. Here in Ketchikan?—A. Yes. 

Q. You say you voted on election day, November o last?—A. Yes; I think 
November 5. 

Q. You say nobody come with you to vote; you come by yourself?—A. Yes. 

Q. Where did jmu come from?—A. I was around town when I come in here, 
(y Do j’ou belong to the Alaska T.iabor Fnion?-—A. Yes; joined last spring, 

1 think. ' 

Q. How many of the native men belong to that?—A. I don’t know, 

Q. Did somebody challenge your right to vote when you got here—object to 
your voting?—A. No. 

A. Nobody -objected?—A. No. 

(). You signed one ])aper when you voted?—A. Y"es, 

(y Did yo\i sign your own name?—A. I put a mark—cross mark. 

(y Can .vou write?—A. Yes. 

Q. AVho gave you a ballot when you come here to vote that day?_A. I 

don t know; I think I took it m.vself on table, or somebody else * I can’t 
remember. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 497 


Q. The ballot or piece of paper with a lot of names printed on it?—A. Yes. 

Q. Y'oii could read the names on it? You could read many names on it, 
could you?—A. Yes. 

Q. And you put a mark opposite my name? Or you put a mark opposite 
Mr. Sulzer's name?—A. Over you. 

Q. On my name?—A. Yes. 

Q. And you voted?—A. Yes. 

Q. You say you are 23 years old?—A. Over 23, nearly 24. 

Q. Is there any chief among the native people here in Ketchikan?—A. WeU» 
I don’t know. 

Q. Y’^ou don’t recognize any chief, do you?—A. No. 

Q. Uncle Sam is your chief?—A. Yes; Uncle Sam is my chief. 

Q. Are you a citizen of the United States?—A. Ought to be; I was born 
in America. 

Q. Born in Alaska?—A. Yes. 

Q. Your folks came to Metlakatla from old Metlakatla with Father Dun¬ 
can?—A. Y"es. 

Q. Is Father Duncan dead now?—A. I’^es; last summer, I think. 

Q. Now, there are a good many native people living here in Ketchikan?— 
A. Y’'es. 

Q. Did they have, at any time, aiiy Indian government here?—A. No. 

Q. They live under the white man’s government?—A. Yes. 

By Attorney Grigsby : 

Q. Y"our name is Ben Ridley?—A. Yes. 

Q. What is your cousin’s name?—A. My first cousin? 

(}. The one we are talking about.—A. Robert Ridley. 

(}. Is he in town?—A. I think he is in town. 

Q. What office was IMr. Wickersham running for when you voted for him?— 
A. Delegate from Alaska to Congress, I think. 


Subscribed and sworn to before me this 11th day of October, 1919. 

. ~ » 

Notary PuljJic. 

DEPOSITION OF GEORGE BOOTH. 

GEORGE BOOTH called and sworn. 

By Attorney Grigsby : 

Q, What is your name?—A. George Booth. 

Q. Where do you live, George?—A. Well, my home is at Metlakatla. 

Q. Did you vote at the election last November?—A. l"es, sir. 

Q. Where was your home at that time?—A. Well, I live here in Ketchikan 
two years before the vote come up. 

Q, P''or how long?—A. November, last year; last fall. 

Q. Had you been living in Ketchikan all the time for two years prior?— 
A. Yes; since that time I live here; since that time. 

Q. When did you move to Ketchikan?—A. Well, I wasn’t got home here; 
just rent house down here, right end of village. 

Q. When did you rent that house?—A. Ih*etty near three years. 

Q. You have been living there all the time for three years?—Q. No; some¬ 
times I went out to Metlakatla for two or three months, and come back here. 

(}. Who told you to say that Ketchikan has been your home for the last 
three years? Who told you to say it?—A. Nobody told me; but I didn't say 
I am staying here for working. 

Q. You what?—A. I stay here for working; a little better place hei-e for work. 

,(}. Have you talked to anybody since you were up talking to me about this? 
A. No. 

Q. Nobody?—A. I was talking with Mr. Wickersham, here. 

(j. When?—A. Da.v before yesterday I think I remember. 

Q. Were you talking to him about where you live?—A. Y'es; he was asking- 
me (piestion where I live, so I told him I live here before I vote for him. 

O. You told him first your home was in IMetlakatla, didn’t you?—A. Yes. 

Q. And when I was talking with you in my room in the Stedman Hotel you 
told me your home had always been in iMetlakatla?—A. No; I rememlier what 
I talk, i told you I live two years before I vote. 

151279—20-32 







498 WICKERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 


Q. Yon told me that?—A. Yes. 

(}. And I siibiKeiiaed you rijfht away and gave you a paper?—A. Yes; you did. 

Q., Didn’t you tell me, George, when you were up in my room the other day in 
the Stedman Motel that your home was in ^Metlakatla last Novemher on election 
day?—A. I told you? 

Q. Didn’t you tell me?—A. No; I didn’t; I told you I was here in Novemher. 

Q. Where do you consider your residence?—A. What do you mean? 

Q. Don't you know what residence is? 

By ,Tui)(ip: Wickersham. Your liome? 

By Attorney Grigshy. Never mind; I am examining the witness. 

Q. All right; where do you consider your home is?—A. I can’t understand 
that very well. 

Q. You don’t understand home?—A. No—yes. 

(,). Are you mai’ried?—A. Yes. 

(>. Where is your family?—A. Bight here in Ketchikan. 

Q, How long have they been here?—A. I just hought a house here, going on 
four weeks now. 

Q. How long has your family been here in Ketchikan?—A, Have been here 
since I married liere, going on four years. 

Q. You and your family have been in Ketchikan all the time?—A. Here all the 
time—sometimes went out fishing and come hack here, and go to IMetlakatla. 

Q. You have made ycmr home in Ketchikan?—A. Yes; now, just start now. 

Q. You just started now to make your home in Ketchikan?—A. Yes. 

Q. You have got a house in Metlakatla?—A. Well, my father has got a 
house there. 

Q. Have you got a house there?—A. No. 

Q. Did you live in your father’s house?—A. Yes; before that. 

Q. Where were you married?—A. Bight here in Ketchikan. 

Q. Where was your wife horn?—A. Born in Alaska. 

Q. What part?—A. Bight here. Convenient sawmill. 

Q. At the time you were married you lived at Metlakatla?—A. No; I live 
after I married here. 

Q. Before you were married where did you live?—A. I was living at IMetla¬ 
katla, hut I wasn't staying there altogether. IMost of my time I spent down 
below. 

Q. Down below?—A. Yes. 

Q. Where is that?—A. In Seattle, most of the time. 

Q. IMost of the time for the last four years?—A. Well, for my life. 

Q. All your life?—A. Yes. 

Q. Where were you last summer?—A. I was first at Yes Bay cannery. 

Q. How far is that from Ketchikan?—A. Somewhere around 39 miles. 

Q. Thirty-nine miles?—A. Yes. 

Q. And when did you go up there to fish?—A. I left here in -.Tuly. 

Q. Well, how long did you stay there? A. Well, about two or three months. 

Q. Well, when did you come back?—A. xVbout two or three weeks ago. 

Well, I mean a year ago this summer?—A. Until October. 

Q. Until what time in October?—A. I couldn’t remember; somewhere around 
the middle of October when I come down here. 

Q. xVnd when you came down here did you rent a house?—A, Yes; same 
house I rented before. 

Q. The same house as what?—xV. The same house I rented before. 

Q. The same house you were renting before?—A. Yes. 

Q. You went uj) to Yes Bay in .Inly a year ago last summer?—A. Yes. 

Q. Where did you go from, from here or Metakatla’?—xV. I come from there 
to here, to Ketchikan, and I went out to visit at Metlakatla. 

Q. Now, you went up to Yes Bay to fish and to work around the cannery a 
year ago last .Inly?—A. Yes. 

Q. Where did you go to Yes Bay from; were you here in .Inly?—A. Just 
went out to IMetlakatla to visit and came back here. 

Q. Now, before you went to Yes Bay, where did you go to Yes Bay from, 
Metlakatla or Ketchikan?—A. Ketchikan. 

Q. And how long had you been in Ketchikan just before you went to Yes 
Bay?—xV. Well, close to two years. 

xVll the time?—A. Not all the time. 

(i. I am asking you how long you stayed in Ketchikan at that time?—A. But 
I figure all, maybe I put together I be stay here, maybe one year—so little. 

Q. You went up to Yes Bay from here?—A. Yes. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 499 

Q. How lonjr luul you Ix'on here in Ketchikan at that time?—A. Well, I 
co\il(ln’t remeinher; of course, I have been traveling all the time. 

g. Yon don’t know how long yon had been here at that time?—A. No; but 
I stay here; it is where I come here all the time. 

xVnd I thought yon said it is INIetlakatla where von stayed?—A. Before 
that—before two years—I say in :Metlakatla before that. 

(,). Did yon take your family with yon np to Yes Bay?—A. Yes, sir. 

(}. And while yon were gone yon didn't have a house rented, did you?—■ 
A. lip to Yes Bay. 

Q. Here, did yon give np your house?—A. Yes, I give up. 

(^. And came hack the middle of October?—A. Yes; last year. 

(.}. Have yon got a l)rother?—A. Yes. 

Is he liere?—A. No; I don’t think. 

i}. ^\ here is he?—A. I think he is out to INIetlakatla, but I have a first cousin, 
Benjamin Booth, here in Ketchikan ; I think he is in town now. 

(.}. 1 )(> yon know who was in the room with ns when yon were talking to 
nie'^—A. Yes. 

(}. Who?—A. Sharpe. 

g. He was there all the time was he?—A. Who, Sharpe? 

(}. Yes.—A. Y'es, 

(J. And yon were there?—A. Yes. 

g. And as soon as I got through talking with you I gave you a subpoena, 
didn’t I?— A. Yes, sir. 

g. And yon told me there, at that time, that when you voted last November 
that your home was in INIetlakatla?—A. I was to work, 
g. Did yon or did yon not'?—A. No; I didn’t. 

C>. Yon did not'.''—A. No. 

g. No? Who told yon yon had the right to vote here?— A. Well, I tell yon, 
jsome of my friends; anything I don’t know, I think some of my friends, 
white men, and ask them what is right. 

ii. That is why you did, hut who told you?—A. Nobody told me, I know I 
have got right to vote here. 

C}. Nobody told yon you had the right to vote here?—A. Some of my friends, 
g. Some friends did tell you':*—A. Yes. 

g. Who was it'?— A. I remember INIr. Mather, I was talking to him about 
that; I asked him about Mr, Wickersham. 

(}. Just talked to Mr. Mather':'—A. Mr. Oliver I remember I talked to him 
and just explained to me how he is, who he is, so I think, myself, he'is the 
only man. He promi.se us people to help us out. - 

i}. And Bob Oliver told you, you had a right to vote here?—A. He is the 
only man. 

(}. Did Mr. Hunt tell yon, yon had a right to vote here'?—A. I think so. 

And who brought you np here to the polls?—A. Nobody. 

(>, Who marked your ballot for yon'?—A. My.self. 

(j. Did anybody help you'?—A. Yes, I think it was Mr. Hunt. 

(j. Mr. Hunt helped you?—A. Yes. 

(}. How old are you?—A. Going on 40. 

(}. You an* not 40'? —A. Somewhere around 40, I think my old, don’t remem¬ 
ber exactly. 

(j. And you are 40 years old and born in INIetlakatla?—A. No. 

(}. Where were you horn'?—A. I was in State of Washington when Seattle 
was a village, the story my old mother tell me. 

And your father went down there to visit, or rather your mother?—A. Yes. 
g. And she lived in British Columbia'?—A. Yes. 

(^. And after you were born there she went back to British Columbia?— 
A. Yes, to British Columbia. 

And how long after that did your father come to Alaska?—A. They come 
<*ver here somewhere around, when I was 10 years old, I think. 

(^, And your father never was naturalized'?—^A. What is that? 

(i. Never took out citizen papers?—A. No. 

g. Who did you vote for last November for Delegate to Congress?—A. INIr. 
Wickersham. 

Cross-examination by Judge Wickersham : 
g. George, you were born in Seattle, down on the sound?—A. Yes, sir. 
ii You worked in Seattle a gocal many years'?—A. Yes, sir. For S. F. 
Norton & Co. 

g. How many years did you work for them?—A. I worked five years, solid. 


500 wickp:rsham vs. sulzer, deceased, and grtgsby. 


Q. And for S. P. Norton wlmt did yon do?—A. Riiyinj? fnrs all aronnd Seattle. 
Q. Did yon do any other kind of work?—A. The tirst time I drive dray all 
aronnd the town—hny skins aronnd town—and after a while they took me into 
the store to wraj) np i)nndles. 

Q. Acted as a clerk?—A. Yes. 

Q. Yon worked live years for S. F. Norton & Co., and did yon work anywhere 
else in Seattle?—A. Aronnd on the boats. 

Q. How many years?—A. I think pretty nearly three yenrs. 

Q. So that yon worked in Seattle for al)ont eight years?—A. Yes. 

Q. Yon say yon have been here three years in Ketchikan?—A. Yes. 

Q. About two years before election?—A, Yes, When I went np to Yes Bsiy 
last Slimmer? 

Q, No; when yon went np to Yes Bay last summer before this summer—that 
is, the Slimmer of 1918—did yon go np there to work?—A. Yes, 

Q. Didn’t go np there and live?—A. No. 

Q. Did yon intend to come hack here when yon went np there?—A. Yes. 

Q. Yon claimed Ketchikan as yonr home all the time?—A. I claim better 
place to stay. 

Q. Does anybody live at Yes Bay the year aronnd?—A. Yes; I know super¬ 
intendent, Mr. Nergward. 

Q. Is he the only man living there all the year?—A. ]\Ian and his brother. 

Q. Nobody else? Well, yon went to work for the season?—A, Yes. 

Q. Then when yon came back home yon went to the same place you went 
from; to the same house?—A. Yes. 

Q. A house yon rented?—A. Yes. 

Q. Yon have bought a house, you say, here in Ketchikan?—A. .Inst bought it- 
Q. What house is that? 

Q. What house is that?—A. Paten’s house. 

Q. When did yon hny that, George?—A. Three weeks ago, 

Q. How much did yon pay for it?—A. .$450. 

Q. Have they got any chief over to Metlakatla?—A. No; I don’t never hear- 
Q. Never heard of one over there?—A. No. 

Q. That place was established by Father Duncan?—A. Yes. 

Q. There is a church there?—A. Yes; church. 

Q. And a schoolhonse?—A. Yes, sir. 

Q. And waterworks?—A. Yes. 

Q. And how do the people live there, in houses or tents?—A, Houses. 

Q. What kind of houses?—A. .Inst like this house here; some better houses. 
Q. .Inst like this house yon are in here? This lielongs to the city, but they 
own their own homes?—A. Yes. 

Q. The native people that live here in Ketchikan, do they own their own 
homes?—A. I think so. 

Q. The Mathers own their homes?—A. Yes; I know him. 

Q. And a good many more of them own their own homes?—A. Yes, sir. 

Q. Have they got any chief in Ketchikan?—A. I couldn’t say. 

Q. Yon have got no chief?—A. No, 

Q. Yon have no chief but Uncle Sam and the Government officers?—A. That 
is the only man. 

(}. When you left here and went over to Metlakatla to visit von left yonr 
house here? 

Attorney Grigsby. He couldn’t take it with him. 

A. I live in here. 

Q. And ceme back to yonr house when yon got through visiting?—A. Yes, sir 
Q. W’ere yon registered as a United States soldier in this last war?—A. Yes' 
sir. ' " ' ■ ’ 

AVhore did yon register?—A. Right down in the cnstomhonse office. 

Q. Have yon got a registration card?—A. I have it now. 

Q. Here now?—A. Right here in my pocket. 

Q. Let me see it, if yon don’t object.—A. I have got everything here. 

(L I offer this registration card certificate in evidence. 

Attorney Grigsby. What is the object of it, .Tndge? I may object 
Judge WTckersham. The object of it is to show that he is registered under 
the law as a United States soldiei’, if called upon, on the 28th dav of Octobor 
1918, by tiie local board here in Ketchikan, ‘ ^ 

Attorney (}ri(}Sby, May I see it? 

Judge WicKERSHxViM. Yes. 

Attorney Grigsby. Do you contend that this is a jn-oof of citizenship? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 501 


Judge WicKERSHAM, It goes as fur as it represents itself only; it is not the 
only proof. 

Attorney Grigsby. It is the only proof? 

Judge WICKERSHAM. It is not the only proof. 

Attorney Grigsby. Is it any proof? 

Judge WICKERSHAM. We will discuss that later; that is a matter of law. 

Attorney Grigsby. We object to the admission of the registration card as 
being incompetent for the purpose for which it is offered. 

Judge WICKERSHAM. I Will read this into the record, so as not to take it 
away from him: “ Registration certificate. To whom it may concern, greet¬ 
ings : These presents attest that, in accordance with the proclamation of the 
I’resident of the United States and in compliance with law, George Booth, of 
Ketchikan, Alaska, has submitted himself to registration and has by me been 
duly registere'd this 2Sth day of October, 1918, under the supervision of the 
local hoard designated on the hack hereof. IM. S. Dobbs, registrar.” And on 
the hack of the card is this: ” Local hoard No. 4, city of Ketchikan, Alaska.” 

By Judge Wickersham : 

Q. George, I notice here a Red Cross receipt.—A. Yes, sir. 

Was that given to you?—A. Yes. 

Q. You paid the Red Cross agent here?—xV. I got that one down to the saw¬ 
mill ; they take off my wages. 

(}. xVnd you paid that to the Red Cross Society?—A. Yes, sir. 

(h Did you have any Liberty bonds?—xV. No, sir. 

Q. Didn’t have any Liberty bonds?—A. No. 

Q. Are you a member of the Alaska Labor Union?—A. Yes, sir. 

Q. How long have you been a member of the Alaska Labor Union?—A. Since 
the union started. 

Q. You had a license to fish from the Food Administration?—A. Yes, sir. 

Judge Wickersham. I have here a fisherman’s license issued to George 
Booth, dated June 4, 1918, under the Food Administration act, which is too 
long to introduce in evidence. 

(.]. Now, George, what has been your business heretofore?—A. Fisherman. 

Q. Fisherman?—A. Yes. 

(.). xVnd did you ever run on a steamboat?—A. Yes. 

Q. What do you do on steamboats?—A. Sometimes I take deck, then down 
below, fireman. 

Q. Fireman sometimes?—A. Yes. 

Q. Did you ever have any papers?—A. Yes. 

Q. What kind of papers did you have?—A. Not papers on the boat; just be¬ 
long to the firemen’s union and deckhands’ union. 

Q. You belong to the firemen’s union and deckhands’ union, and what else?— 
A. And seamen’s union. 

Q. Did you work at all those trades?—xl. Yes. 

Q. Where?—A. Down below. 

Q. Down in Puget Sound?—A. Yes. 

Q. In the State of Washington?—A. Yes. 

Q. Did you get papers from the Government as a seaman or as a fireman?— 
A. Yes; I get them from the headquarters. 

Q. Where are those papers?—A. I haven’t got them with me; they are on my 
boat. 

Q. Have you got a boat?—A. Yes, sir. 

Q. Where is your boat, George?—A. My nephew has it; just changed masters. 

Q. Were you master of the boat?—A. Yes. sir; just changed masters on boat. 

Q. What kind of a boat?—A. Seine boat; 12-.ton boat. 

(h How much is it worth; what did it cost?—x\. $4,400. 

Q. Did you ever vote down in Seattle?—A. Yes; in the city election. 

Q. At the city election?—A. Yes. 

Q. When ?—A. At the time I was working for the Norton Co. 

Q. Before you came to Ketchikan?—xV. Yes; before I came to Ketchikan. 

By Attorney Grigsby: 

Q. George, you said your father and mother were horn in British Columbia?— 
x\. I think so. 

Q. They told you?—A. Yes; they told so. 

Q. Ami were your father and mother both in Seattle when you were born?— 
A. Yes; they are. 


502 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. They were there on a visit?—A, Yes; i)ickiii,£; hops, or something like that. 

Q. And went hnek to British CohinibiaV—A, Yes. 

Q. ^V.ii(l when you were 10 years old you came to Alaska?—A. Yes. 

Q. And how did you ^o to work to }i:et this license from the Food Adminis- 
trntion; did you make application for it?—A. No; I don’t think so. 

Q. How did you f?et it?—A. They questioned me where I was born. 

Q. Who did?—A. M;in in the office. 

Q. Where?—A. Over here. 

Q. Who was he?—A. I couldn’t tell; I don’t remember his name. 

Q. Was it Mr. Gunnison?—A. I think so. 

Q. And he asked where you were born and where you lived?—A. Yes. 

Q. And what did you tell him?—A. I belonj^ed in Sletlakatla. 

Q. You told him where vou were born, and that you lived in .Metlakatla?— 
A. Yes. 

Attorney Grigsby. We offer 'in evidence this document, which the judge said 
was too long to introduce. I will read it into the record unless j’ou want me 
to take it away from the boy. 

(Document copied into the record by the stenographer, as follows:) 

“Not transferable. No. S. 054202. United States of America, Office of 
United States Food Administrator. P^isherman’s license. License is hereby 
granted to George Booth, of Metlakatla, Alaska, to engage in the business of 
catcbing and distributing salt water fish, shellfish and crustaceans. This license 
is subject to revocation at any time for violation of the rules and regulations 
prescribed by the I'resident of the United States or by the United States Food 
Administratoi*, under the direction of the President, or for violation of any of 
the provisions of the act of Congress under which this license is issued. This 
license, and the rules and regulations issued thereunder, shall cease to be in 
effect when the existing state of war between tbe United States and Germany 
shall have terminated and the fact of such termination shall have been pro¬ 
claimed by the President. Dated .Tune 4, 1918. United States P\)od Administra¬ 
tion, by Herbert Hoover, United States Food Administrator.’’ (Indorsed on 
back are the initials, etc., as follows:) “AEM, George Booth (Metlakatla, 
Alaska), care of Hon. K. A. Gunnison, Federal food administrator, .Tuneaii, 
Alaska.” 

Q. Do you know under what law that was issued?—A. Sir. 

Q. Do you know under what law that was issued?—A. I don’t understand. 

By .Judge WiCKERSHA^ii. 

Q. George, didn’t your people come from Loring?—A. Well, I couldn’t very 
well tell you. 

Q. What do you know about that?—A. .Just the story. 

Q. Who told you the story?—A. IMy old people. Come from Loring, some 
trouble there, I don’t know what that is. 

Q. Wasn’t your grandfather born in Loring?—A. I couldn’t say. 

Q. Was your father born in Loring?—A. I don’t tbink so. 

Q. Are you sure about that?—A. Yes, by the story my old people told, don’t 
know how many generations from that they come from Loring. 

Q. They were Loring people?—A. Yes. 

Q. Loring is where they lived?—A. Yes. 

Q. And the story is that your people come from Loring and went South, and 
then went on further South and you were born in Seattle?—A. Yes. 

Q. And you came back to Alaska?—A. Yes, sir. 

By Attorney Cosgrove. 

Q. Do you know Bob Heckman?—A. Yes, sir. 

Q. He established the town of Loring, didn’t he?—A. Yes. 

Q. Are you any relation to Bob?—A. No, not that I know of. 

George Booth. 

Subscribed and sworn to before me this 11th day of October, 1919. 

[seal] Will H. Winston, Notary Public. 

DEPOSITION OF HENRY SCHAFER. 

HENRY SCHAFER called and sworn. 

By Attorney Cosgrove: 

Q. What is your name.—A. Henry Schafer. 

Q. Where do you live, Mr. Schafer? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


503 


Judge WiCKERSHAM, I ohject to the taking of the deposition of this witness, 
because no notice has been given to me of the taking of his deposition. 

Attorney Grigsby. I think I gave notice, Judge. 

Judge WiCKERSHAM. There is no notice for Henry Schafer; there is a notice 
here for J. Scliafer, and I object to the taking of his deposition. I liaven't luitl 
any notice; it is a surprise to me. No ; I am mistaken; his name is liere. 1 
witlidraw my objection. 

Hy Attorney Cosgrove: 

Q. Wliere do you live, iNIr. Schafer?—A. On Gravina Island. 

Q. How long have you lived there?—A. Oh, about four years now. 

Q. How many?—A. Now, over tive year^. 

Q. And where did you come from when you moved to Gi’avina?—A. From 
Ketchikan. 

Q. And how long did you live in Ketchikan?—A. One year. 

Q. And where did you come from when you came to Ketchikan?—A. From 
Valdez, Alaska. 

Q. How long did you live in Valdez?—A. I guess, off and on in Valdez, I lived 
about three years there. 

C>. And when you moved to Valdez, where did you come from?—A. From 
Cordova. 

Q. And when you went to Cordova, where did you go from?—A. I lielieve I 
come from- Nome. 

(}. Hid you ever live in Prince Rupert?—A. No. 

(j. Were you ever in husiness there?—A. The boys lived there and had an 
interest in the business there they run. 

(). You never lived there yourself?—A. No. 

(^. Are you an American citizen?—A. Yes, sir. 

(C Naturalized?—A. No. 

Q. Born here?—A. I lane been naturalized through my father, when he come 
from the old country he wasn’t of age. 

Q. Did you ever take out any naturalization papers in British Columbia?— 
A. No. 

Q. Did you ever make aiiplication for any there?—A. No. 

Q. Where was your father naturalized?—A. In'Kansas. 

Q. Did he get his second papers there; was he madle a full citizen?—A. Yes. 

Q. How old were you at that time?—A. I was* about 13 or 14 years. 

Q. Did you vote in this precinct at the election in November, 1918?—A. 
Yes, sir. 

Q. In this place right here?—A. Yes, sir. 

Q. And I presume you voted for iNir. Wickersham?—A. I don’t say to nobody 
to whom I voted for. 

Q. Did you vote against ]Mr. Wickersham?—A. Well, I don't say it. I don’t 
tell that to nobody to whom- I voted for. 

(). Did you live in Ketchikan at that time?—A. When I voted? 

Q. Yes.—A. I lived over on the island, over to Gravina ; we live over there 
and here we have got this residence. 

Q. You have a ranch over there?—A. Yes. 

Q. And that is your home?—A. Yes. 

Q. And that is where you were living November, 1918, at the time of the 
election?—A. Yes, sir. 

Q. Over on Gravina?—A. Yes, sir. 

Q. That is not in the city limits of Ketchikan?—A. I don’t think !<o. 

Q. How did .vou happen to vote here at that time; did somebody tell .vou to 
come here and vote?—A. I do liusiness here and pay taxes here in Ketchikan 
and I thought I belonged to Ketchikan, to vote. 

' (j. You didn’t ask anybody about it?—A. No. 

Q. 8o you prefer to keep the name of your nominee at that time a secret, do 
jmu?—A. Yes. 

C2. Well, it was well known that you were a supporter of Hr. Wickersham,. 
vrasn’t it?—A. Off and on since I have been in Alaska; not all the time. 

(j. But you have always been an admirer of Mr. Wickersham?—A. Well, T 
can’t say I admire Wickersliam, either. 

Q. Well, in the conversations you had prior to the election day you had said 
to various people that Mr. Wickersham was a good man and ought to be sup¬ 
ported, or in words to that effect?—A* I don’t know. 

Q. You remember having numerous conversations?—A. What? 


504 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q, You took an interest in the election, haven’t you?—A. Not very much; I 
liave been over tliere and I read the papers. 

Q. You are generally outspoken when you have any opinions to express, you 
express them without any hesitation?—A. Yes. 

Q. You are outspoken when you have opinions, you express them, don’t 
you ?—A. I do ; yes. 

Q. And at that time you had the opinion that Wickersham was the proper 
man and you didn’t hesitate to express it?—A. I don’t know about it. 

Q. .lust give us your recollection.—A. I believe my opinion was about Sulzer. 
I know it was twice, election twice, Wickersham and Sulzer. 

Q. We are speaking about last November; November, 1918.—A. I had nothing 
against Sulzer and nothing against Wickersham. 

Q. But you expressed a preference for Wickersham? I am not asking you 
how you voted; I am speaking now about your preference. Do you remember 
having any discussion about the situation at all?—A. Lost Monday, you mean? 

Q. Do you remember exi)ressing yourself at that time?—A. I tell you one 
thing, it is a great fault with me, when I talk with Wickersham man and on 
a(*count he talk for IVickersham I say that is good man and that and this, and 
when I talk with Sulzer man. I don’t like to get mixed in politics. 

Q. You agree with both sides?—A. Yes; agree with both sides; of course, I 
am in business here and I don’t want to—I am kind of soft-hearted. 

Q. In view of that fact you don’t know how you voted?—A. I knew how 
I voted for. 

Q. Are you a Republican in politics or a Democrat?—A. Democrat. 

Q. Did you vote for Sulzer?— A. I say I don’t tell that to nobody who I 
voted for. 

Q. Why not; what is your reason?—^A. What I reason? 

Q. Yes.—A. A business reason. 

Q. You are afraid they might stop taking milk?—A. Yes. 

Q. By the wa.v, have you talked with INIr. AVickersham before coming up here 
to this hearing this morning, before this meeting?—A. No. 

Q. Haven’t you talked with anybody; didn't you tell anybody you were .served 
with a subpoena to come up here to testify?—A. I believe I told to home, no¬ 
body else. 

Q. Haven’t told anybody in town here?—A. No. 

Q. Did you go looking for advice or information from anybody?—A. No. 

Q. Remarkable. 

Cross-examination by Judge Wickersham: 

Q. You say you have a home over here in Ketchikan, Mr. Schafer?—A. AVell, 
we have on account of business; we have a kind of a creamery stand here, 
and my wife and son live over here, and of course our residence is (wer there. 

Q. Do you liA'e over here with them sometimes?—A. Sometimes; yes. 

Q. Your wife and son live over here?—Yes. 

Q. Of course the son is of age?—A. Yes. 

Q. You make it your business to stay over there and look after the cattle?— 
A. Yes; somebody has to be over there. 

Q. But the wife and son lived here at the time of the election last fall?— 
A. Yes. 

Q. And you were over here a great deal of the time yourself weren’t you?— 
A. Yes. Sometimes I stay here at night when it is too late to go home over 
there: that is really our home over there. 

Q. You really stay here a great deal with your wife and son?—A. Yes; that 
is right. 

By Attorney Cosgrove: 

Q. That is your home over there, Air. Schafer, isn’t it?—A. Yes. 

Q. Your home and your wife’s home?—A. Yes. 

(J. And when you come to town you stay with your son and his wife; rather 
your daughter and her husband?—A. I stay with my wife at my home here. 

Q. That is when you have to remain nights in town you stop at their place?— 
A. Yes; and stay over there most of the time. 

Q. And you have been living there for years, most of the time?—A. Yes; I 
took a homestead there, for five years. 

^ . Henry Schafer. 

Subscribed and sworn to before me this 11th day of October, 1919. 

[seal.] Will H. Winston, 

Notary Puhlic. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 505 


DEPOSITION OF LOUIE HUDSON. 

IvOUIE HUDSON called and sworn : 

By Attorney Grigsby : 

Q. A\ hat is yoiir name?—A. Louie Hudson. 

Q. You are a native?—A. Indian. 

Q. Of what tribe?—A. Tsimpsean. 

Q. \\ here do you live Louie?—A. I live here most of the time. 

Q. In Ketchikan most of the time?—A. Yes. 

Q. here did you live last November?—A. I lived in town here. 

Q. Whereabouts in town?—A. Indian Town. 

^ Q. How long had you been living here last November?—A. I lived here about 
eight months, seven or eight months. 

Q. All the time?—A. Working in the mill. 

Q. Where were you born?—A. Born in Metlakatla. 

Q. Did you vote at the election last November?—A. Yes. 

Q. Where did you vote?—A. In here. 

Q. And who came up to the polls with you?—A. Nobodv; I came up here 
myself. 

Q. Who told you to come up?—A. Nobody. 

Q. Didn’t you talk with anybody about coming at all?—A. Rod. Davis and I 
talked to Mr. Hunt about the election a week before that, and he said we have 
right to vote—natives who were born in this country—in Alaska. 

Q. You were born in Alaska?—A, Yes. 

Q. You were born in IMetlakatla?—A. Yes. 

Q. How old are you?—A. About 32 years. 

Q. And your home has been in Metlakatla?—A. I have my home over there, 
but I am sta.ving in town most of the time. 

Q. But your home is in Metlakatla ?—-A. Yes. 

Q. And your home was in Matlakatla last November?—A. I was here last 
November. 

Q. But your honu' was in Metlakatla last November?—A. Yes. 

Q. Are you married?—A. Yes. 

Q. Where Avas your family last November?—A. In town. 

Q. With you?—A. Yes. 

Q. Were you living in a rented house?—A. Yes. 

Q. Who did you vote for?—A. My business, I guess. 

Q. I am making it my business now; you are a legal voter, you think?— 

A. Yes. 

Q. And you have lieen talking with .Tudge Wickersham lately?—A. No. 

Q. Haven’t you talked with him at all?—A. No. 

Q. Haven’t you talked with Oliver?—A. No. 

Q. Have you talked Avith anybod.v?—A. With you last Monday. 

Q. With anybody else?—A. Yes; Billie Dickinson A\’as in. 

Q. Who else? Mr. Sharpe?—A. No; I don’t think Sharpe; that fellow George. 

Q. Who?—A. George Williams. 

Q. Joe Starr?—A. George Williams, I think. 

Q. Noav, did Mr. Hunt tell .you you had a right to vote?— A. Yes. 

Q. You have a registration card?—A. Yes, sir. 

Q. Had you ever voted before?—A. No, 

Q. Did anybody else ever before that, the election, tell you you had the right 
to vote?—A. No. 

Q. What Mr. Hunt; aatls it Dale Hunt?—A. Old man Hunt. 

Q. Was he one of the election judges?—A, I think he aa'us; I saAv him up here 
W'hen I come up here. 

Q. And he met you about a Aveek before the election and told you you had a 
right to vote? — A. Rod Davis and I talked Avith Mr. Hunt about the coming 
election, you see, and he says I have got the right to A*ote and Davis couldn’t, 
because he Avas born in British Columbia and I Avas born over here, and he 
said I could vote. 

Q. Did you ask him?—A. No; didn’t ask him. 

Q. Well," who opened the conversation; how did you happen to have that con¬ 
versation?—A. Davis started that. 

Q. You met Mr. Hunt, you and Davis?—A. I aatis Avalking along Avith Davis 
and we Avent into a stove and started to talk about that coming election, you 
see. 


506 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Who did?—A. Davis. 

Q. And i\Ir. Hunt saw yon ,uo into the store and came in?—A. I\Ir. Hunt was 
in all the time. 

Q. And did he tell yon how to vote?—A. No; he didn’t tell how to vote. 

Q. Wiien yon voted did anybody help yon mark yonr ballot?—A. No; marked 
myself. 

Q. Didn’t m^d anybody to help yon?—A. No. 

Q. When yon talked with me last iMonday didn’t yon tell me yon lived in 
iMetlakatla?—A. No; I haven’t. 

Q. Have yon got a tisherman’s license?—A. Yes. 

Q. Have yon got it with yon?—A. No. 

Q. Have yon got it home?—A. On the boat. 

(}. Where is yonr boat?—A. Down to the dock. 

Q. When did yon get it?—A. T believe a year ago last .Tune. 

Q. .Time, 1918?—A. Yes. 

Q. And when yon got yonr license, did yon tell where yon lived?—A. I got 
liome in IMetlakatla. 

Q. Did yon tell the man who gave yon the license where yon lived?—A. Yes. 
Q. Do yon know who yon got the license from?—A. I got application here 
from Forest Service. 

Q. In .Inne, 1918?—A. Yes. 

Q. Where were yon during the snmmer of 1918?—A. Down in the mill. 

Q. Here in Ketchikan?—A. Yes. 

Q. Did yon .stay here all snmmer?—A. I^p there for about, in Shakan, about 
one month and come back hen' and work iji the mill. 

Q. And when did yon go to work in the mill, in the .summer of 1918?—A. I 
start about August. 

(}. How long did yon work?—A. Up to December. 

Q. All the time?—A. Ye.s. 

Q. Right in the town of Ketchikan?—A. Yes. 

(}. NoW;, yon don’t want to tell who yon voted for?—A. Voted for Wicker- 
sham. 

Q. Wickersham?—A. Y>s. 

(J. ’\\’ho told yon to vote for Wickersham?-^A. I just want to vote for him 
myself. 

Q. Did anybody advise yon he was a good man to vote for?—A. No. 

Q. Nobody told yon?—A. No. 

Q. Do yon know him?—A. Just heard quite a lot of him. 

(,). From whom?—A. Everybody around town. 

Q. Any white residents?—A. Yes. 

(}. Who?—A. I couldn't remember. 

Q. Mr. Oliver?—A. No. 

Q. Ilo yo^i belong to the Fishermen’s Union?—A. Labor Union. 

Q. Labor Union?—A. Yes. 

(}. Did ]Mr. Oliver talk with yon about it?—A. No. 

(^. Mr. Hunt?—A. Yes. 

Q. Did he ttdl yon that Wickersham was a good man to vote for?—A. No; he 
did not tell me that; he tell I could vote. 

Q. Nobody told yon as to whom to vote for at all?—A. No. 

Q. Nobody talked to any Indians? Nobody talked to anybody as to whom to 
vote for?—A. I don’t know. 

Q. Yon know whether anybody talked to yon, advised von how to vote?— 
A. No. 

(L Didn’t advise the rest of the boys as to whom to vote for?—A. No. 

Q. Yon didn’t talk about it to anybody, did yon?—A. No. 

Q. When yon came up here to vote nobody knew whether yon were for 
Wickersham or Snlzer?—A. No. 

Q. Will yon go down and bring up the tisherman’s license?—A. Yes. 

Cross-examination by Judge Wtckkrsham ; 

Q. Mr. Hudson, you say yon own a boat?—A. Yes. 

Q. What kind of a boat?—A. Troller. 

(L How large a boat?—A. About 30 feet. 

Q. How long have yon owned it?—A. Ten months or something like that. 

Q. In 1918, before the election, yon say yon worked here in the mill?—A. Yes. 
(j. Yon worked here from August to i)ecember, 1918?—A. Yes. 

Q. Are yon married?—A. Yes. 


507 ^ 


WICKERSHAM VS. SULZER, DECEASED, AND. GRIGSBY. 

Q. And your family was liviiio: with you at that time?—A. Yes. 

Q. Where did you live?—A. Rented a eahin in Indian town. 

Q. Now, you had a talk with INIi*. (tri,a:shy, and Dickinson, and George 
Williams a few days ago, about this matter?—A. Last Wonday. 

Q. Did they send for you?—A. Yes; Rillie Dickinson. 

(L ho is Billie Dickinson?—A. I don’t know M'hat he is doing around, hut 
he was staying in town. I met him down here, and he called me up to Mr. 
Grigsh.v’s place in the Stedman. 

Q. You went to see Mr. Grigsby in his room in the Stedman Hotel?—A. Yes. 

Q. M hat did he sa.v to .von?—A. He asked where I was born. 

(,). You told him you were horn in IMetlakatla ?—A. Yes. 

Q. Then what did he ask .you?-A. Who I voted for. 

Q. You told him then?—A. Yes. 

Q. You are 32 years old?—A. Something like that. 

Q. M ere you registered as a United States soldier in the last war?—A. What? 

Q. Have you got a registration card?—A. No; I don’t carry. 

(}. Where were you registered?—A. In town here; customhouse office. 

Q. You M'asn’t drafted, wasn't called?—A. No. 

(}. How long have you been to school?—A. I was down in 1908. 

(}. How long did you go to school?—A. About one year. 

Q. Where did you go to school at?—A. Ohemawa. 

Q. Did you go to school at Metlakatla, too?—A. Yes. 

Q. How long were .vou in school in Metlakatla?—A. About four years. 

Q. .You read and write English, do .you?—A. A little. 

Q. You read the newspapers?—A. Once in a while I do. 

Q. What papers do you read?—A, Ketchikan Times. 

Q. Ketchikan Times. Have you got any children?—A. No. 

Q. You don’t have an.v chief, don’t recognize any chief in anyway?—A. No. 

Q. Uncle Sam is the only chief you look to?—A. Yes. 

lou tr.v to obey the laws, etc., do .vou, and live like white men?—A. Yes, 
sir. 

Q. You live in your own houses?—A. Yes. 

Q. And all that? Didn’t you go to school at Sitka?—A. No, sir; did not. 

(}. Now, Mr. Hunt advised Rod Davis that he couldn’t vote?—A. Yes. 

Q. Why?—A. Because he was boim over in British Golumbia. 

(L Ami advised you that you could vote?—A. Yes. 

Q. And you and Rod Davis went into Mr. Hunt’s store to talk to him about 
the matter; didn’t you?—A. Yes. 

Q. Have you ever had any papers to run boats?—A. No. 

(}. Your boat is a small boat?—-A. Yes. 

(}. And you don’t need any papers for that?—A. No. 

(U If you go down to get that tishing license, try and find your registration 
card, too, will you, if .you can. 

(Witness returns in the evening and testifies as follows:) 

By Attorney GuKiSBY: 

Q. Did you find your license?—A. Yes. 

Q. We olTer it in evidence and ask to have it copied into the record, that the 
boy can have it again. 

(Copies into record as follows:) 

“ Form 0250. Not transferable. No. S OooGBO. United States of America, 
Office of United States Food Administrator. Fisherman’s License. License is 
lierehy granted to Louie Hudson, of Metlakatla, Alaska, to engage in the busi¬ 
ness of catching and distributing salt-water fish, shellfish, and crustaceans. 
This license is subject to revocation at any time for violation of the rules and 
regulations ])rescrihed by the I’resident of the United States or by the LTnited 
States Food Administrator, under the direction of the President, or for viola¬ 
tion of any of the provisions of the act Congress under which this license is 
issued. This license, and the rules and regulations issued thereunder, shall 
cease to be in efi'ect when the existing sta.te of war between the United States 
and Germany shall have terminated, and the fact of such termination shall 
have been proclaimed by the I’resident. Dated June 31, 1918. United States 
Food Admijiistration, by Herbert Hoover, United States Food Administrator.” 
(On the reverse side:) “Initialed AE. Isolde Hudson, care of Hon. R. A. 
Gunnison, Federal Food Administrator, Juneau, Alaska.” 


508 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


By Attorney Grigsby ; 

Q. At the time you sot that license you claimed MetlakatUi as your home?— 
A. I put it on the application. 

By .Judge Wickersham : 

Q. How did you hapiien to make that INIetlakatla when you live here?—A. I 
was out in the camp, Bod Davis and I, after piling. 

Q. Who made the application for you?—A. I filled it out myself. 

■ Q. Where did you go, fishing, after that?—A. I was fishing up Chatham 
Straits. 

Q. Did you go by INIetlakatla, that way?—A. Went from here to Juneau. 

Q. And then you got your license and went out fishing?—A. I didn’t have 
license that summer; didn’t get. 

By Attorney Cosgrove : 

Q. Why did you tell them you lived in Metlakatla if you lived in Ketchikan?— 
A. I get my mail there all the time. 

Q. You got your mail at Metlakatla all the time, hut lived in Ketchikan?—• 
A. INIost of the time I get my mail over there than liere. I have got boat here. 
I drop in here sometimes and sometimes at Metlakatla. .Just now, just come 
from Metlakatla to get my license. 

By Judge Wickersham : 

Q. Well, we put his registration card in then; I will read his registration 
card [reads]: “Registration certificate. To whom it may concern, greetings: 
These presents attest, that in accoixlance with the proclamation of the J’resi- 
dent of the United States and in compliance with law, J^ouis Milton Hudson, of 
Ketchikan, Alaska, has submitted himself to, and has by me been duly regis¬ 
tered this 2.5th day of October, 1918, under the supervision of the local board 
designated on the back hereof. E. G. Iveeney. Local Board No. 4, city of 
Ketchikan, Alaska.” 

Attorney Cosgrove. What is the date of that, Judge? 

Judge Wickersham. October 25, 1918. 


Subscribed and sworn to before me this 11th day of October, 1919. 


Notary Public. 

DEPOSITION OF GEORGE JOHNSON. 

George Johnson, called and sworn. 

By Attorney Cosgrove : 

Q. Now, Chief, what is your full name?—A. George. 

Q. George .Johnson?—A. Yes. 

Q. And you are an Indian, Indian chief?—A. Oh, long time ago, not Indian 
chief, but, young man, I don’t know that; just the same as white man now, 
belong to America. 

Q. And where do you live, George?—A. My live Ketchikan. 

Q. Live where?—A. Ketchikan. 

Q. In Ketchikan?—A. Yes. 

Q. Is that your totem pole down there; is that yours?—A. Yes. 

Q. What does that totem pole mean right up in front of your house?—A. 
Mean before no white man stop; my uncle used that. 

Q. Do you use it, that totem pole?—A. Well, I use, yes; but, Mr. Cosgrove, 
I tell you totem pole, I tell you by and by. 

Q. I suppose you could talk better if you had an interpreter?—A. I want 
good interpreter; anywhere me talk by and by; I have got story by and by. 

Judge Wickersham. You talk all right; take it slowly. 

Attorney Grigsby. I object to Judge Wickersham instructing the witness. 

By Attorney Cosgrove: 

Q. You vote last November, George; November, 1918?—A. Yes. 

Q. What you vote?—A. Well, I vote because I hear Wickersham good man 
that work; he help man, he can’t help rich man; and what I think that man, 
that man he start good work. 

Q. Who told you that?—A. I think all the time that man, suppose you say 
no help poor man just the same me, see that man- 







WiCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 509 


Q. But liow did you find that out, that he helps the poor?—A. Well, I know 
story, lonj; time my fjrandfather- 

(Steuosrapher oouldn’t understand the balance of the sentence and stopped 
witness to have it repeated, which witness did not repeat.) 

Witness. It is too hard to talk Enjflish. Suppose I tell you my talk; you 
can’t rememher; my talk ; I use my talk. 

By Attorney Cosgrove : 

Q. Who told you that Mr. WicJiversham helped the poor man?—A. Well, I hear. 

(}. Who told you?—A. Everybody tell him that I hear I think all right— 
Wickersham all right. 

Q. Do you rememher talking with anybody about it who told you that?—A. 
Everybody. 

Q. Name one.—A. I know no; I go down; I hear Wickersham all right. 

(}. Did jNIr. Oliver tell you that—tell you Wickersham good man?—A. Wick¬ 
ersham good man, I hear. 

Q. Did ]Mr. Oliver—do you know Bob Oliver?—A. He didn’t tell. 

Q. Did Mr. Hunt tell you that?—A. No. 

Q. Can’t you name any man who did tell you?—A. Young men say newspaper; 
read newspaper, and I hear Wickersham all right; young men tell me. 

I supimse you were out to get votes for Wickersham because he was a 
good man?—A. What? 

You worked pretty hard for Wickersham among young Indians to tell 
them Wickersham good man and tried to get votes for Wickersham?—A. Where 
is Wickersham now? 

Q. Don’t you know he went to Valdez the other day? Well, I think he did.— 
A. I know his name; that is all I know. 

Q. You don’t know Wickersham when you see him? You don’t know Mr. 
Wickersham?—A. .Just his name I hear. 

Q. The Wickersham noise you heard, that is still ringing in your ear is it? 
What time of the day did you vote last election—November, 1918?—A. Mr. 
What you call that fellow—Mr. Hunt^—he know it. 

Q. Mr. Hunt; did you come up here with Mr. Hunt to vote?—A. He go down 
below long time ago; about one week, I guess. 

Q. Where did you vote last election day?—A. Mr. Hunt, he take me to vote; 
I am not sure Mr. Hunt he take me to vote. 

Q. Did anybody help you mark your ballot?—A. No. 

Q. Did you do it yourself?—A. Yes. 

(}. Did anybody show you hovr; do you remember?—A. No; I can’t remember. 

Q. Can you write—write English?—A. No. 

Q. Did you get a paper telling you how to vote; when did you get this 
paper?—A. Mr. Bob start; he tell come on get and vote for paper—long paper— 
all right, I tell. 

Q. Who marked the ballot; Bob mark the ballot for you?—A. No; I mark 
same cross. 

Q. Where did you mark the cross on the papers?—A. Across that paper. 

Q. Whereabouts on the paper? Where did you put the cross on the paper?— 
A. Say, take good interpreter. 

Q. Where did you make the cross on paper; who told you where to put the 
cross?—A. Mr. Hunt. 

Q. He told you?—A. Yes. 

Q. Is ]Mr. Hunt your friend?—A. Not my friend; I believe Wickersham all 
right, see. 

Q. What office was INIr. Wickersham running for?—A. We know that, because 
he help poor man ; he said high-tone man say I won’t help that man. 

(). Do you know what office Mr. Wickersham was running for?—A. No. 

Q. AVho told you Wickersham is such a good man?—A. I hear good man, 
Wickersham ; I hear good man. 

Q. By the way, what tribe of Indians do you belong to George?—A. Say, 
you know mountain here, pretty close to Georges Inlet; that place, that moun¬ 
tain, save my family and Saxman people, too, and world is full of water. 

Q. And what is the name of your tribe?—A. That mountain? 

Q. Yes?—A. That mountain name, Goodlucksheek, long time ago, look up, 
stone fence on top. 

Q. What is the name of the Indians; are you a Thlinket?—A. Yes. 

Q. Well, you chief of the Thlinkets?—A. Before; sure. 



510 AVICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. How long ago?—A. Now behind [decide] for Uncle Sam; I belong Uncle 
Sam now. 

Q. Well, all big chiefs belong to Uncle Sam, too?—A. Long time ago, big 
chief. 

Q. Aren’t yon chief now?—A. I want good interpreter. 

Q. You are doing line. Are you chief now, .lohnson?—A. Yes; all the time. 
Not my chief, suppose that young foolish, I talk good talk. Now, my chief is 
foolish, I give me smart all the time, suppose people laugh, poor man would 
not laugh. I tell that all young inen here beside [decide] for Uncle Sam, 
if Uncle Sam tight start, all Indians start light. 

Q. And, .Johnson, you are chief of your Indians, and,when you see them 
doing wrong you go and tell them to do right and to stand up for Uncle Sam?— 
A. Yes. 

Q, And be better boys. You tell them to be good boys and stand up for Uncle 
Same, because you are chief?—A. Because Uncle Sam is a good man for the 
world, l^ncle Sam before he start man just now, just same work George Wash¬ 
ington. INIy grandfather is name Slewar, be the tirst ship go from New Y^ork, 
some eight years he stop that ship. iMy father his uncle, Slewar, before white 
man come to Alaska, I tell you, Air. Cosgrove. 

(,>. .John.son, pardon me a moment, you are still chief, aren’t you?—A. Y^ou 
ask me beside [decide] for AVashington, 

(j. I don’t want to know about George AA’ashington ; you know Uncle Sam?— 
A. Uncle Sam just the same, my father tell me American now. 

Q. Did you ever see your uncle? 

.Judge AAYcKERSHAist. I object to the making of silly remarks, trying to make 
it appear ridiculous; he is a good man, and is making a good, clean statement 
here, and I object to your meddling with him and mixing him up, trying to 
make it appear silly. 

Attorney Cosgrove. AA"e are trying to get at the facts. 

Attorney Grigsijy. AA'e object to the statement of counsel and his accusation; 
the testimony of the witness speaks for itself. 

.Judge AVicKERsiiAja, It isn’t going into the record at all, and I object. 

Attorney Grigsby. I would like to ask the stenographer as to whether or not 
the testimony is going into the record ; and if not, why it is not going into the 
record ? 

Stenographer. It is going in the best I can put it in with the language the 
witness is using, 

.Judge AA'ickersham. And the rapidity with which he is using it? 

The Steno(}rapri:r. Not necessarily. 

Attorney Cosgrove. Are we putting any obstacle in the way of your taking 
the witness’s testimony. Air. Stenographer? 

Stenocjrapher. Yes; I think we ought to have an interpreter. I have been a 
stenographer in the Immigration St‘rvice for some years, and in cases of this 
kind we would use an interpreter. 

Attoiaiey Cosgrove. It is necessary for us to do the best we can without the 
services of an intei-preter; you may interrupt. Air. AATckersham says that we 
don’t need any. 

.Judge AATckersham. I have been trying to get the witness to talk slowly. 

Attorney Cosgrove. You have been telling him he was doing all right and 
getting along in tirst-class style, with the evident purpose of meddling the 
witness up. 

Q. You are still chief of the Thlinket Tribe, answer the (luestion yes or no, 
can’t you?—A. AAhuit to know that chief? 

Q. Are you chief of the Thlinket Tribe now?—A. No. 

Q. How long ago did you stop being chief?—A. Long time ago, no got. 

Q. You live down in Indian town in Ketchikan?—A. Yes; Ivetchikan ; I live 
here. 

Q. Don’t you sometimes have pow wows down there, all the Indians collect 
in your house and talk?—A, Sometimes meeting. 

Q. Sometimes meetings; well aren’t you the chairman of the meeting, you 
preside over the meeting?—A. No. Talk good talk. 

Q. Alemhers of your tribe?—A. No. 

(}. And you give good advice at that time?—A. I tell that people, little 
girls and bo.vs, don’t go outside, make sick Indians, Filipinos, with Chinaman, 
by and by lost. 

Q. And these Indians meet at your house and then talk to you?—A. Not 
me talk, own people appoint head man, have William Kinninook and IRllie 
Dickinson, 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 511 


Q. IIow often do you meet that way Johnson, every week?—A. No. 

Q. You meet often—every month?—xV. Sometinu's one year, one meeting; 
talk. 

Q. xVnd you have big party, big pothich?—A. No. 

(}. How long since you have had a pothich, George?—A. Long time ago, seven, 
eight, nine—nine years, I promise 1 cut because all young people beside 
[decide] for Uncle Sam and I quit, the same white man, see. 

Q. Did you ever vote before this last election in November? You vote first 
time last November?—A. In this house? 

(). Yes.—A. Yes; the first time, Mr. Hunt. 

Q. IMr. Hunt and you voted?—A. Mr. Hunt. 

(}. And when you got up here you go right to Mr. Hunt; he was one of 
the judges?—A. Yes. 

Q. And he give you paper?—xV. I make out paper. 

Q. Did you ever vote before?—A. No. 

Cross-examination by Judge ^Wickeiisham : 

Q. George, you own a house down here?—A, Yes. 

Q. xVnd some iiroperty, some land?—xV Yes. 

Q. xVnd a house?—A. Yes. 

Q. How long have you owned fluit?—A. Got, got, long time, can’t count it. 

Judge WiCKEiisHxVM. I have here a certified cojiy of the assessment roll 
of the town of Ketchikan for 1918, certified to by A. 11. Larson, the town 
treasurer, and I intend to introduce it; and I exhibit it to counsel so they 
may look atdt before I ask any questions about it. I Same passed to and returned 
by Attorney Grigsby.] And 1 now offer that portion of it relating to this 
witness, George Johnson, showing that he 1ms a liouse on fraction of lot 
19, block 17, in the town of Ketchikan that was assessed in 1918 at $200, 
and there was a $1 tax on it, and that he paid this tax October 15, 1918, 
before the date of election. 

By Attorney Cosgrove ; 

Q. That house where you live now, that is the chief's house, long time 
ago?—A. Yes. 

Q. Same house?—A. Yes. 

Georue (his X mark) .Johnson. 

Subscribed and sworn to liefore me this 11th day of October, 1919. 

[seal] Witx H. Winston, 

Notary Public. 

UESPOSITION of JAMES STARR. 

JAMES STARR called and not sworn. 

By xVttorney Grigsby : • 

Q. Your name is .Tames Starr?—A. Yes. 

Q. Where do you live? 

Notary. Don’t you want him sworn? 

Attorney Grigsby. I thought he was swoi’ii. 

(Witness sworn.) 

Q. Your name is James Starr?—A. Yes. 

Q. What tribe of Indians do you belong to?—xV. What tribe? 

Q. Yes?—A. Thlinket. 

(). Where do you live?—A. In Ketchikan. 

(}. In Indian Town?—A. Yes, sir. 

(). How long have you lived there?—A. 1 have been living there ever since 
I was born here. 

Q. You were born in Ketchikan?—A. Y>s. 

Q. You were living in Ketchikan last November at the time of the election?— 
A. Yes, sir. 

Q. How old are you?- xV. About 38. 

Q. Did you vote last election for Delegate to Congress?—xV. Yes; I vote 
last year. 

(}. Who did you vote for?—A. I understand I vote Wickersham. 

Q. Who else did you vote for?—A. Well, just him. 

Q. What office was he running for?—A. What office he run? 

K}. Do you know what office he was running for?—A. Well, I don’t know 
what office he run. 


512 


WICKERSHAM VS. SULZEK, DECEASED, AXD GRIGSBY. 


Q. Do you know wlietlior he is u Kepiihliean or Denioerat?— 

.Tiidj^e WiCKEKSHAM. Do you know, George? 

Attorney Gktgsi?y. No, I don’t. 

Q. Do you know whether Mr. Wick-ershain is a Ueinddican or a Democrat?— 
A. I understand that lie do wliat is riglit, fellows like us, stand on our side, 
you understand he is going on our side, I understand that right to vote for him. 

Q. Do you know wliether lie is a Kepuhlican or Democrat? 

.Judge WicKERSHAM. I ohject; that is immaterial. 

Attorney Grigsby. An.swer the question ; I have a right to test the intelli¬ 
gence of the witness. 

Q. Do you know?—A. I don’t understand, I can't answer, I don’t under¬ 
stand. 

Q. Did you evei‘ vote liefore the last election?—A. The tirst time. 

(}. That was the tirst time you ever voted?—A. Yes. 

Q. Why didn’t you ever vote before?—A. Well, I don’t understand very well, 
of cour.se only time I understand we can vote. 

Q. First time you understood you could-vote?—A. Yes. 

Q. Who told you you could vote?—A. N(>l)ody ; hut we hear that so under¬ 
stand and we come in. 

Q. Who did you hear it from?—A. Some people talk it about town. 

Q. Who told you that you could vote?—A. Nobody. 

Q. How did you know it then?—A. I hear from town. 

Q. Who did you hear it from—A. From peoiile talking about, I don’t know 
I hear. 

Q. Do you know who it was?—A. No; I don’t. 

Q. Did you ever talk Avith Mr. Hunt?—A. No. 

<2. Or Mr. Bol) Oliver?—A. No; I never. 

Q. Did anybody come up to the polls with you?—A. No. 

Weren’t you talking to me in my room?—A. I wasn’t there. 

Q. Have you talked with Mr. Wickershani?—A. No; I never talk. 

(}. Did you ever talk to Mr. Oliver?—A. No, sir. 

Q. Somel)ody told you you could vote last election?—A. What I heard around 
town, bunch talk about, crowd of friends. 

(J. And you don’t know who it was told you?—A. I don’t know. 

Who told you to vote for Mr. Wickershani?—A. Nobody told me. 

Q. Who told you he was a g’ood man to vote for?—A. I heard from crowd, some 
persons state what we have right to vote for Wickershani, .so I understand too. 

Q. Did any other Indian boys come up with you when you voted?—A. Few, 
hunch with me. 

(}. Did you liaA’e a sample balhd?—A. Yes; I put down. 

(}. Did you have a paper to show you how to vote?—A. No. 

Q. Did anybody help you to mark your ballot?—A. I come in here; Mr. Hunt 
was at the table here and he give. 

Give you a paper’/—A. Yes. 

<F Who showed you how to mark it?—A. Nobody show me. 

Did you have another paper?—A. Just one paper; just what I got from 
the table here. 

Q. How did you know how to mark it?—A. I see Mr. Wickersham’s name 
there and so I mark. 

Q. Did you put a cross there?—A. A cross at the end of his name. 

Q. Did you vote for anybody else’/—A. That is all I vote. 

Q. And did anybody show you how to mark the paper’/—A. That is all, I un¬ 
derstand to mark cross. 

Q. Who told you that?—A. Nobody. 

Q. Nobody told you to mark with a cross?—A. No. 

Q. How did you know’/—A. I hear some people talk about it; they say all 
got to do mark cross who going to vote. 

Q. And you didn’t vote for anybody else?—A. No. 

Q. And you did not know what oliice Mr. Wickershani was running for?—A 
No. 

Who is your chief?—A. I have got no chief. 

(j. Do you know Ghief Johnson?—A. I know his name, that is all. 

(j. Did you ever go to his house’/—A. Never often go, once or twice, some- 
tim(‘s 1 see liiin. 

Q. When anybody dies down there, do you have a meeting’/—A. We do meet 
wlien some of onr people dead. 

Q. And the chief is there, Johnson?—A. I see him around there. 


513 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. And they pay all the debts?—A. Who carry onr body in the j^rave, we can 
jiive soinethinf?, so many onrs what make that f>:rave, and put in the fjrave, he is 
who do it. 

Q. What do you do with his property?—A. What i)roperty? 

Q. If he has any property, the man that dies, what do yon do with it?—A. If 
he liad some there wife, his wife took care of it. 

Q. You jjive it to him?—A. Of course, have rijiht to take, to take care of proi> 
erty, his wife when hushand die, the wife take his i)lace. 

Q. Do you have a meetiiif;. Chief .lohnson, liave a meeting; when man dies?— 
A. I don’t say hold meeting, .just I say when some one die, some one, his son, any 
son, or wife, who take his place, take his hushand property. 

Q. Is that an Indian custom?—A. I don’t know Indian custom, all I under¬ 
stand what do. 

Q. And you dress up like Indians?—A. I don’t, how dress. 

Q. Wm don’t dress?—A. I dress up me the way I am now. 

Q. Do the rest of the Indians dress up different when anybody dies?—A. I 
never see, everybody .'-ee wlien take our body in the people’s house. 

Q. Do you recojjnize Chief Johnson as chief of the tribe?—A. I don’t 
understand him, only his name, all I heard his name. 

Cross-examination by .ludge Wickersham : 

Q. You have got some i)roperty over here, Mr. Stai'r?—A. Yes, sir. 

Q. You own a house and lot?—A. Yes; I own place. 

Judge Wickersham. I want to read into the record now, from the certified 
copy of the assessment roll of the town of Ketchikan, the following: “ vStarf, 
Jimmie, cabin, Willie Brown tract; value, $75; total value, $75; tax, $1.50, 
paid November 4, 1918; penalty, 25 cents.” 

Q. How long have you owned that proiierty?—A. I only—pretty close to 
<piite a long time since I have that place. The first right below that I sold to 
another fellow. 

Q. Are you married?—A. I was married before, hut my wife dead; now 
single. 

Q. How l(*ng were you living in that property where you are living now?— 
A. Well, I have been move there 10 years no%r. 

Q. You have been living there 10 years now?—A. Where I was now. 

Q. And you own that place?—A. Yes; I bought that place. 

Q. Have you got a boat? Do you own a boat, any kind of a boat?—A. Well, 
I sold my boat last year; I have got no boat now. 

Q. What kind of a boat?—A. Gas boat. 

Q. How much did it cost?—A. Boat—cost boat? 

Q. How much money did it cost?—A. $1,2(K). 

i}. Do you belong to the Alaska Labor Union?—A. Yes, sir. 

Q. How long have you belonged to it?—A. I^ast fall I join them. 

Q. Where did you go to school?—A. I was down in Chemawa, Oreg. 

D. How long?—A. (’oui)le years I was there. 

Q. Did you go to school here in Ketchikan at all?—A. When I was little kid. 

Q. You can read and write?—A. I read a little hit. 

Q. Your people here all wear clothes just like white men?—A. All wear any 
way since I was kid. 

(}. You don't have any chief to control .von?—A. I understand that myself; 
I know now. 

Q. You knew Uncle Sam is the big chief in the United States?—A. Yes; I 
understand since kid. 

Q. Yon were horn in Ketchikan?—A. Yes. 

Q. Did you register as a United St.ites soldier last year for the war?— 
A. Just before I registered the war stoi)ped, and I didn’t .get registration card. 

Q. You were over 31 years of age?—A. Yes; about 38. 

Q. And they stopped the registering on the close of the war?—A. Yes. 

By Attorney Grigsuy : 

(}. 1x4 me see, your name is J. Starr?—A. .Timmie Starr. 

Q. Your brother is Joe Starr?—A. Yes. 

Q. Is he here?—A. In town here, I .guess. 

Subscribed and sworn to before me this 11th day of October, 1919. 


151279—20 


33 


Notary Puhlic. 





514 WrCKERSILVM vr,. S'JI.ZKR, lEv eased, and GRIGSBY. 

DKPOSITTOX OK ]\1ATT FAWCETT. 

IIcarinjL^s continued 2 p. in. 

IMATT FAWC'ETT called and sworn. 
l>y Attorney C'osGiiovE: 

Q. What is your full name?—A. Matt Fawcett, Mathew Fawcett. 

Q. Where do you live, Mathew?—A. Ketchikan. 

(}. How lonj; have you lived here?—A. I'retty near all iny life. 

Q. Wei’e you horn here?—A. No. 

Q. W’here were you horn?—A. British .side. 

Q. On the British side; what place?—A. Old Metlawatla. 

Q. When did you come over here?—A. Well, I couldn’t rememlier that time; 
too small. 

Q. Is your father living?—A. Yes. 

Q. Did you come over with him?—A. Yes. 

Q. Was he horn over there?—A. I guess he horn, I don’t know. 

Q. Was he ever naturalized, ever liecome a citizen?—A. No. 

Q. Did you ever become a citizen?—A. No. 

Q. Did you vote in Novemlier, 1918?—A. Yes, sir. 

Q. At the election here in town?—^A. Yes. 

(}. Election for Delegate to Congre.ss? Where did you vote, in this room?—A. 
In this room. 

Q. Who did you vote for?—A. I think Wickei’sham. 

Q. You are sure about that?—A. Yes. 

(}. How did you happen to vote, IMatt, did somebody tell you you had a right 
to vote?—A. No. 

Q. Did you get a registration cai‘d?—A. Yes. sir. 

Q. Did you talk with anybody about your right to vote before you voted?- 
A. Yes, I hear all my friends in town, white fellows and some natives. 

Q. What white fellows told you you had the right to vote?—A. Mr. Hannuni. 
Q. Did he in.struct you to vote for Wickersham?—-A. No; don’t tell.- 
Q. Did he tell you to vote for-Wickersham?—A. No; didn’t tell about that, 

I know that Wickersham good man for labor man. 

Q. And you came up and voted Wickersham?—A. Yes, sir. 

Q. What oftice was Wickersham running for at that time?—A. What? 

(). Whjit office was Wickersham running for, do you know?—A. In this room? 
Q. But I say, what office, what place was Wickersham a candidate for?—A. I 
don’t know that. 

Q. Did you vote for jinyhody except Mr. Wickersham?—A. No; except Wick¬ 
ersham. 

Q. And how did you tind out how to mark your paper?—A. I see names on the 
paper. 

Q. Who gave you the i)aper?—A. Well, I get it from tins room here. 

Q. Who gave it to you?—A. Well, she got a little room beside. 

Q. Who got?—A. I don’t know who got. I can’t remember that. 

Q. Did somebody help you to mark your ballot?—A. No. 

Q. Did somebody tell you where to mark it?—A. No. 

Q. You see Wickersham’s name and you mark it?—A. Yes. 

Q. Now, did you know how to mark it?—A. I know I had to vote, in my 
house, the same little like that. 

Q. Where was your home?—A. iVIetlakatla. 

Q. Did you vote in Metlakatla?—A. Yes; for council. 

And you use the same system? You say you live now at Ketchikan?— 
A. Yes sir. 

ty Whei-e did you live No\ember last year?—A. I liv(‘ at Ketchikan. 

Q. How long before that did you live in Ketchikan?—A. Pretty near 10 
years now. 

Q. Did you ever live in IMetlakatla?—A. No. 

Q. What tribe of Indians do you belong to?—A. Tsimpsean. 

Cross-examination by .fudge Wickeusham : 

Q. How old were you, i\Iatt, when you came over to Metlakatla with your 
fathei-?—^A. Well, T think 5 or G years, I couldn't rememher that. 

Q. Where have you gone to school?—A. In Metlakatla. 

Q. And whei-e else?—A. No place. 


WICKERSHAM VS. SUEZER, DECEASED, AND GRIGSBY. 


515 


Q. llow loni; did you to school there?—A. About, luuyhe over 15 yeui’s. 

Q. How old are you now?—A. I jjuess I titture about 37, like that. 

Q. And how loiijs: have you lived here in Ketchikan?—A, I guess, maybe, 
over, pretty close 10 years. 

Q. You own i)roperty here?—A. \"es, sir. 

Judge IADckeksham. I read now from this certified copy furnished me by 
the town treasurer, with reference to this man’s property- 

Attorney Ghtgshy. AVe object to it on the ground that the testimony shows 
the witness not a citizen of the United States, it is immaterial. 

Judge WiCKEKsHA:Nr. Well, I think that has reference to many other things. 
[Readsl “Fawcett, Alathew, description of property, cabin; fraction of lot 15. 
block 28; value, 8100; total valuation, .$100; tax, $2; paid September 3, 1918.” 

Q. How long have you owned that place?—A. All the time. 

Q. You are married?—A. Yes. 

Q. And have any children?—A. I have six children. 

Q. You have been living there 10 years?—A. Yes. 

Q. Do you recognize any chief?—A. No. 

Q. You resided in Hetakatla in Father Duncan’s town for many years?— 
A. Yes, .sir. 

Q. And^went to school there many years?—A. Yes. 

Q. And you left there, come over to Ketchikan and brought a home and 
live here?—A. Yes, .sir. 

Q. What is your business?—A. I have been working sawmill. 

(}. How long?—A. As soon as I get work. About 16 years old start to 
work here. 

Q. Now, is there any chief in New Metlakatla?—A. No, sir. 

Q. That is a town established by Father Duncan, an Episcopal mis.sionary?— 
A. Yes, sir. 

Q. Under laws passed by the United States Congress?—A. Yes, sir. 

Q. What kind of houses do they have. Matt?—A. Good houses like some 
houses around here, around here some of them old houses. 

Q. lake the white people, like here in Ketchikan?—A. Yes; like white, 
people. 

Q. Don’t have any chief there?—A. No. 

Q. Nor any tribal relations?—A. No, sir. 

Q. They have a church?—A. Yes, sir. 

(}. How long has the church been there?—A. Same time when move there; 
start to build. 

Q. Big fine church?—A. Big fine church. 

Q. And a schoolhouse?—A. Y^es; schoolhouse. 

Q. How large a school is it?—A. Just the same up here; big houses there. 

Q. Big fine houses?—A. Big fine houses. 

Q. Waterworks?—A. Yes; got waterworks now. 

Q. Haven’t they got an electric-light plant there?—A. No, sir. 

Q. What have .\a)U in the way of a sawmill; have you had in years gone by?— 
A. What is that? 

Q. What kind of a sawmill?—A. Had .sawmill there; .same like here, small, 
small mill. 

Q. Have they a wharf?—A. Yes; have dock. 

By Attorney Grigsby : 

~We object to all this as not proper cross-examination and immaterial, inas¬ 
much .as the witness has te.stified that he was horn in British Columbia and 
not a citizen of the Ihdted States under any theory; doesn’t live in Metlakatla 
and hasn’t lived there for 10 years, and there is an attempt to encumber the 
record. 

•By Judge Wickersham : 

1 am offerirg this testimony, Mr. Grigsby, on the theory that, perhaps, these 
l)eople might l)e citizens by act of Congress, establishing New IVIetlakatla and 
by their habits at that particular ]fiace, and the e.stal)li.shing their homes 
in Alaska, and thereby adopting the habits of civilized life, and becoming 
citizens by doing so. 1 think the situation there i.s peculiar. 

(}. Do you own a boat?'—A. No. 

Q. You* are not a boatman?—A. I don’t own boat. 

Q. What is your husine.ss; you did tell you woi'k in the mill?—A. Sawmill. 

Q. Plow long have you worked in the sawmili here?-^A. I live here pretty 
close four years now. 



516 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. What do you do in the sawmill?—A. Doinj; everythiujj;; I work trimmer 
saw; I have been working cutting logs in the boom; I have been working box 
factory. 

Q. Are you a member of the Alaska r>ahor Union of Ketchikan?'—A. Yes. 

Q. What is the button you have on your coat there?—A. That is the Alaska 
Labor Union. 

Q. You were registered for the United States Army?—A. Yes, sir. 

Q. Where were you registered at?—A. Customhouse office. 

Q. Here in Ketchikan?—A. In Ketchikan. 

Q. Did you have any Liberty bonds?^—A. Yes, sir. 

Q. And you subscribed to the lied Cross funds?—A. Yes, sir. 

Q. Do your children go to school?—A. Yes, sir. 

Q. How many children have you; do you say, six?—A. Six. 

Q. What school do your children go to?—A. St. Johns School, Indian school. 
Q. Run l)y the Episcopalian Church there?:—A. Yes. 

Q. How long have they been going to school there?—A. All the time; I don’t 
know how many yeai's. 

Q. Several years?—A. Several years. 

Q. Have you paid any school tax?—A. Yes, sir. 

Q. How much?—A. $5. 

Q. Did you ever pay any road tax?:—A. What is that. 

Q. Some years ago did you pay a tax for working on the road, or do you not 
remember?—A. Yes; I think I paid that way. 

Q. Where do your father and mother live?—A, She living New Metlakatla, 

Q. Is your father dead?—A. He die. 

Q. How long ago?—A. Pretty near three years now. 

Q. What did he do before his death; what business did he folloM'?—A, AYork- 
ing in the fishing, seining. 

(.). Where?—A. ^Metlakatla. 

Q. Where else?—A. Any place. 

Q. He followed the fishing business through Southeastern Alaska?—A. Yes, 
sir. 


Subscribed and sworn to before me this 11th day of October, 1919. 


Notarj/ PuhUc. 

DEPOSITION OF PAUL MATHER. 

PAUL IMATHER called and sworn. 

By Attorney Grigsby : 

Q. State your full name.^—A. Paul James Mather. 

Q. Where do you live Mr. INfather?—A. T live in Ketchikan. 

Q. How long have you lived in Ketchikan?—A. Ever since 1907. 

Q. Continuously?—A. Continuou.sly. 

Q. Are you a native Indian?—xV. What do you mean by that? 

Q. What race are you?—A. Tsimpsean. 

Q. Indian?—A. Tsimjisean ; no Indian. 

Q. It isn’t Indian?—A. Not that I know of. 

Q. You don’t know that Tsimpsean is a tribe of Indians?—Ai No. 

Q. You don’t consider yourself Indian then?—A. I am Tsimpsean. 

Q. What is Tsimpsean?—A. Tsimiisean is a native of northern British Co¬ 
lumbia. Skeena River. 

Q. Where were you born?—A. I was born in northern British Columbia. 

Q. IIoAv old were yon when you came to Alaska?—A. About 8, I am not sure; 
I could tell you when I was boi*n ; moved here 1887. 

Q. To what part of Alaska?—A. To IMetlakatla. 

Q. Did your father come with you?—A. Yes. 

Q. Was he a native of British Columbia?—A. He was Tsimpsean; yes. 

Q. A native of British Columbia?—A. Yes; Tsimp.sean. 

Q. He was a naturalized citizen, was be, in the United States?—A. Yes. 

Q. Do you know where he got his first papers?—A. Seattle. 

Q. Do you know where he got his second papers?—A. In Juneau. 

Q. Have you seen them, have you?—A. Yes; I saw the first and last, I have 
a copy. 

Q. You have a copy of his second papers?—A. Yes. 






WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 517 


Q. How old were yo\i when he got his seeond papers?—A. I was 19—going 
on 19. 

Q. You were under 21 ?—A. Under 21. 

Q. You live down here in what is called Indian town?—A. I live in Ivetcliikan, 
southern part of Ketchikan. 

Q. You live in that part of Ketchikan known as Indian town?—A. White 
peoide live there, too. 

Q. Isn’t there a part of Ketchikan called Indian town?—A. I don’t know. 

Q. You don’t know that?—A. No. 

Q. Did you vote last election, last Noveiiiher?—A. I did. 

Q. For whom did you vote?—A. I don’t care to tell for whom I voted. 

By .Tudge Wickersham : 

Q. Have you got the certified copy of your father’s naturalization papers 
with you?—A. Yes, sir. 

Q. I wish you would produce them; let me see them. I offer them in evi¬ 
dence; I will file them and let them go right into the record. Do you have 
any objection to these, gentlemen? 

Attorney Grig.sby. No. 

By Judge Wickersham : 

Q. Do you have any objection to having tlu'm copied in the record or do you 
want the original filf^?—A. No objection. 

((A^rtified copy of naturali.zation paper copied into the record as follows:) 

[Page 1.] 

I'^NiTED States of America, 

jyhstrict of Alaska, Division No. 1, ss: 

I, the undersigned, clerk of the District Court for the District of Alaska, 
Divi.sion No. 1, do hereby certify that the hereto attached is a full, true, and 
correct copy of the original order, admitting p]dward K. Mather to become a 
citizen of the Ignited States of America, on file and of record in my office. 

In testimony whereof, I have hereto subscribed my name and affixed the 
seal of said court at Juneau, Alaska, this Tst day of October, 1919. 

fsEAL.] J. W. Bell, Clerk. 

[Page 2.] 

In the District Court for the District of Alaska, Dirision No. 1, at Juneau. 


Tuesday, I\Iay 17, 1898. 

In the matter of the admission of Edward K. Mather to bwome a citizen of 
the Ibiited States. 

Now at this day comes the above-named Edward K. iNIather and jirays to be 
admitted to become a citizen of the Ignited States of America, and it appearing 
to the court from the testimony of Lawrence Delmore and William A. Bussell, 
now offered that said applicant is in all respect duly qualified ami entitled to 
such admission, according to the laws of Congress regulating the naturaliza¬ 
tion of aliens, and the said applicant upon his oath first duly administei'ed now 
declares that he will .support the Constitution of the United States, and that 
he doth absolutely and entirely renounce and adjure all allegiance and fidelity 
to ever.v foreign prim-e and potentate. State or Sovereignty whatever, ])articu- 
larly to Victoria. Queen of Great Britain and Ireland of whom he was a sub¬ 
ject. Therefore it is considered that said Edward K. iMather be, and he hereby 
i.s, admitted to become a citizen of the United States of America. 


Charles S. Johnson, 
United f>tatcs District Judf/c. 


By Judge Wickersham : 

Q. Your father’s name was Edward K. IMather?—A. Yes, sir. 

Q. When did he die, IMr. Mather?—A. He is alive yet. 

Q. There is another IMather here, is there?—A. Yes, sir. 

(}. Casper Mather?—A. Yes, sir. 

Q. He is a relative of yours?—A. My brother. 

Q. Do you own any property here in Ketchikan?—A. Yes, sir. 

Q. What business are you in?—A. Well, my former busine.ss was (*ontractor, 
I take contracts around town, rebuilding docks, and I am a machinist; also I 
liave got a store here in Ketchikan. 


518 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Where is your store?—A. My store is the first store after you pass the 
creek toward tlie south end of Ketchikan. 

Q. Wliat sort of a store is it?—A. General merciiandise. 

Q. Did you pay taxes on your property in 1918?—A. Yes, sir. 

.Judge WicKERSHAM. I oftei* in evidence, out of the certified copy of the assess¬ 
ment roll, prepared by the town treasurer, this item with reference to I’aul 
Mather: Mather, Paul, house, fraction lot 15, block 28, value $250; also mer¬ 
chandise, groceries, property valued $200, total valuation $450, tax $9, paid 
October 21, 1918. 

Q. Mr. Mather, where did you go to .school?—A. I went to .school at Old 
Metlakatla and I went to school at Metlakatla, Alaska, until Iwas 11. I left 
there and went to .school at Sitka, stayed 4 yers, and then to Seattle. Went to 
South School, in Seattle. 

Q. Ihiblic .schools there?—A. Yes, sir. 

Q. You attended with the white children, so there was never any {piestion 
of that kind?—A. Yes, sir. 

Q. Are you married?—A. I am married. 

Q. How many children have you?—A. Six children. 

Q. How old are they?—A. The oldest is 17 years old and the younge.st is 2. 

(]. Were you registered for the war, last war?—A. I did. 

D. Where did you register?—A. In the customhouse. 

Q. Have you your registration card?—A. I have my registration card. 

(i. Where is it?—A. At home. 

Q. You don’t have it here?—A. No. 

Q. Did you ever own any boat?—A. Yes. 

When?—A. Year before last. 

Q. 1918?—A. 1918. 

Q. What sort of a boat was it?—A. Al)out 40 feet long, 28 horsepower. 

cy Did you have pai)ers—any sort of papers—from the Government for the 
purpose of running the boat?—A. Yes; I got that, too. special; I passed an ex 
amination as pilot for southea.stern Alaska ; steamboat, not gas boat. 

Q. Your children go to school?—A. I'es. 

Cy Where do they go?—A. St. .Johns. 

(J. Do they have any chief over to Old ^Metlakatla—I mean New Metlakatla— 
in this Territory?—A. No; ho more. 

Q. Have they abandoned their tribal relations?—A. Yes. 

Q. Do they live under any tribal relations?—A. No. 

Q. Do you know whether these native people in Katchikan live under any 
tribal relations?—A. I don’t. 

Q. Do they have any chief?—A. Not that I know of. 

(}. There has been some attempt here to show that George Johnson is chief 
of the Ketchikan Indians; wlijit about that?—A. I will tell you all about that; 
that's his nickname; they call him chief, but he is no chief. 

Q. Do the native people recognize him as their chief?—A. No; he is called 
Chief John.son, or Custus .Johnson. 

CJ. He is rather an old man?—A. A chief in olden times must have lots of 
property, two or th#ee thousand dollars worth in blankets and elk skins. 

(). They don't have any chief in Ketchikan?—A. No; no. 

(J. Do any of these peope wear the old-fashioned Jndian costumes?—A. No. 

(J. What kind of clothes are you dressed in now?—A. I think you know. 

(C Brown suit; have a watch on, collar, necktie and pin ; better dressed than 
Mr. Grigsby?—A. I have a better pin than he has got, I guess. 

Q. Well, don’t the natives here generally wear such clothes as you wear?— 
A. Yes; all of them. 

Q. All live in houses built after the American style?—A. After the American 
style. 

Q, Is there such a thing as an Indian tribe here in Ketchikan?—A. No; no 
more. 

(C How old is your brother Casper?—A. He is older than I am. 

Q. Has he got a family?—A. A family. 

Q. He was under 21 when your father was naturalized?^—-A. He can talk for 
him.self. 

Q. He was under 21?—A. Yes; under 21. 

By Attorney Gkigsry : 

Q. Do you mean to say, do you, ^Ir. blather, that all the Indians here in 
Ketchikan are just as well civilized as you are?—A. Probably better, more than 
half. Make more money than J do. 


W1CKERSHA!\I VS. SUI.ZER, DECEASED, AND GRIGSBY. 


519 


Q. Well, does that make them better civilized than you? (’an yon read and 
write?—A. Yes. 

Q. Can all of them read and write?—A. Not all; more than half can read and 
M'rite. 

Q. Can Mr. Johnson read and write as j^ood as you can?—A. I couldn’t tell; 
that is .soinetliinjj: I couldn't tell. 

Q. Do you associate with the Indians?—A. What do you mean hy asso¬ 
ciation ? 

(^. Do you know what I mean when I say associate?—A. Yes; they come in 
my store, that is the only association I make with them; they come in there 
to huy and white men come in there to huy. 

Q. You don't as.sociate with Indians outside of that, do you?—A. In what 
way, playinji' hall? 

(}. Socially; visit their houses?—A. With my relatives I do. 

C^. Does Chief Johnson call at you house?—A. No. 

(,). Do you !Li() to his house?—A. No. 

Does Andy ^Nloses jxo to your house?—A. No. 

(^ Do you ,tro to his house?—A. No. 

Dou you associate with Joe Starr?—A. I never went to his house; I have^ 
met him on the street. 

ii. You don’t associate with Indians in Indian Town in a social way, do 
you? What is your object, ]Mr. iNIatlier, for not tellinj; for whom you voted?— 
A. 1 understood it isn’t necessary for anybody to tell who they voted for; I 
don’t think it is le.ual to tell who you voted for. 

i). You can have the rijiht to <lo it if you want to?—A. That is to he left 
with me. 

(^ What is youj‘ reason for not wantiiiii: to tell?—A. If you want to he an 
American citizen you have jiot to go according to the rules of the United States. 

i}. Is there any rule of the United States that forbids you telling how you 
voted?—A. Oh, yes; it is the rule foi' voting. 

(^. Is thei’e any rule of the United States foi’hidding it?—A. The rule of 
voting is that you shouldn’t tell. 

(,). Has anybody asked you not to tell?—A. I know it myself. 

(,). Did anyone advise you not to tell?—A. No. 

(^. Have you talked with ^Ii‘. Wickersham?—A. Not on tiiis case at all. 

{}. He was down to your place the other day?—A. I didn't see him down 
there. 

(,). Did .\<>u see him anywliere?—A. 1 saw him at Hunt's, oil, about two 
months ago. 

Did you see him within the last week?—A. I saw him; yes. 

(„). Did he talk with you last week?—A. Yes; not on this case. 

(). Where did you talk with him?—A. Uevilla Hotel, on rnal side. 

(}. Did he semi for you?—A. No. 

(). Did .somebody ask you to go and see him?—A. My children can’t go to the 
white .school uii here and I have talked with him about it, why my children 
can’t go to school up here. I heard he was in town. 

(^. Did you talk with him about this case at all?—A. No. 

(}. Not a word ?—A. No. 

i}. Have you talked with anybody else about this case besides me since you 
were supoenaed?—A. Dick Harris. 

Q. Who is Dick Harris?—A. Another merchant. He asked me who I voted 
-for and 1 told Dick Harris it was my husine.ss. That is all he said. 

Q. Did you talk with any white man about this case since you were sup- 
poenaed?—A. No. 

(^. With P>(*h Oliver?—A. No: never met P>ol) until to-day. 

(/. Did anybody tell you that you didn’t have to answer the (piestion as to 
whom you voted for?—A. No. 

(). Nobody ever told you that?—A. No. 

(}. At any time?—A. No; when Lucy hande<t me the .suhiKena and Dick Hiirris 
wa.s thei'e j'lnd said who did you vote for and I said that is my business. When 
he first handed im' the suhpmna and I looked and siiw I won hi have to Vie up 
here at 10 o’clock this morning and Dick Harris asked who I voted for and 
I <n\d that is mv business. That is all I told him. 

Paul J. ^Iatheh. 


Subscribed and sworn 
[SEAL.] 


to before me this 11th day of October, 1919. 

Will H. Winston. 

Notary Public. 


520 WICKERS HAM VS. SULZER, DE(’EASED, AND GRIGSBY. 


DKPOSITION OF CARPER IT. MATHER. 

CASDEU MATHEK called and sworn. 

l»y Attorney Giuoshy : 

Q. State yoiH’ full name.—A. (’asi)er H. Matlier. 

Q. Where do liveV^—A. I live in Ketchikan. 

Q. IIow loiyi>: have yon lived in Ketchikan?—A. Since I lived here, about 
ei^jht years. 

Q. Did you vote last year—last election?—A. All the time—vote. 

(}. Did yon vote last year—last election?—A. I did; yes, 

(y Who did yon vote for?—A. .Jinlj^e Wickershani. 

(}, Anybody else?—A. No; I voted f(»r other i)e()i)le, but different offices. 

(,). Who else?—A. I have for,i?ot; T don't remember. 

Q. What offices did yon vote for*/—A. Wickershani is my choice for D3lej:ate 
to Con, 2 :ress. 

Q. AVhat other oltices did yon vote tor?—A. Other fellow is for the Alaska 
Leffislatnre. 

(>. Did yonr lirother vote for AVickersham, too?—A. I don’t know. 

Q. Did he ever tell yon?—A. No. 

(}. A'on never talked to him about it'/—A. T don’t know. I know how I 
voted. 

i). Did yon ever talk to him as to who was the best man to vote for?—A. No. 

Q. Yon work with him?—A. Sometimes I am. 

Q. AA’ere yon working; with him just before election?—.A. Sometimes I have 
been along with him. 

(.). A-on neA’:er talk iiolitics?—A. Not about that. 

Q. AA'here were yon born?—A. Kritish Columbia. 

(y Are yon an Indian?—A. AAAdl, we are known as Tsimpseans—no Indian. 
I wouldn't admit that T am Indian. I object to that I am Indian. 

Q. Tsimpsean is a tribe?—A. A certain tribe of British Columbia natives, not 
Indians: I belong to a certain corner or divi'-ion of British Columbia. 

Q. But they are natives of British Columbia?—A. But they are natives of 
British Columbia. 

cy A'on are not Esqnimo?—A. No; Tsim]xsean. 

(). They are not white people?—A. No. 

(y Not .Taps?—A. No; certain tribe called Tsimjisean. 

(y Don't yon know yon are known as IiKlians'/^—A. I don't know that. 

(y How old were yon when yon came to Alaska?—A. Probably about 8 
years—something along there. 

(y How old are yon now'?—A. I am about 40 years old; I am a little older 
than Paul, about 11 months older than he was. 

Cy How old is he?-—A. I know when I was born. 

Q. AAdien were you l)orn?—A. Born 1878, 8<1 day of December, British Colum¬ 
bia. Aletlakatla. 

(y A'our children go to school?—A. Thei'e is n(> s(*liool here. 

(y There is no school here'?—A. They didn't go to school here; I have got 
them going to school at Metlakatla—semi one over there to attend school in 
Metlakatla. 

(y Do Paul Mather's children go to school there?—A. The little kids go to 
school, not the grown gii’ls. 

By .Indge AVickeksham : 

(y ('aspei'. what is yoni* business'?—A, I have been a steamboat captain for 
quite a while. 

Q. Have yon p;!i)ers as captain?—A. Yes. sir. 

.Indge AVickersham. I offer in evidence this man's certificate or license as 
])ilot, dated August 1. 1017, signed by the inspector of hulls and inspector of 
boilei's for this division. 

The AATtness. That is my third issued; it is 1,7 years ago since I started 
to that; that is the last ticket. 

By .Indge AATcKERSHA^r: 

(y A'ou have been a licensed pilot for 17 years?—A. A'es, sir. 

.Indge AA'ickeksham, I ask to have it copied in the record and the original 
returned to Mr. Mather. 

(Driginal copied by the stenophapher, as follows:) 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 521 


UNITED STATES INSPECTORS’ LICENSE TO PILOTS. 


This is to certify that Casiier H. Mather has given satisfactory evidence to the 
undersigned local insi>ectors of steam vessels for the district of Juneau, Alaska ; 
that he is a skillful pilot of steam vessels and can be intrusted to perform such 
duties upon the waters of southeastern Alaska l)etween Dixon entrance and 
Wrangell, on east side of Prince of Wales Island; and he is hereby licensed to 
act as sec'ond-class pilot on inland steam vessels of 100 gross tons for the term 
of live years from this date upon the above-named route. 

Given under our hands this 1st day of August, 1917. 

I’ETER G. PELTKET, 

Inspector of Boilers. 


[On reverse side.] 


George H, Whitney, 

Inspector of Hulls. 


Passed examination for ccdor blindness June 5, 1917. Surgeon’s certificate 
on tile in the otiice of United States local in.spectors at Juneau, Alaska, as per 
indorsement ui)on surrenderiHl license No. 17899. 

George H. Whitney, 

I’ETER G. PELTRET, 

United States Local Inspectors of Steam Vessels, 

I>ist)ic1 of Juneau, Alaska. 


The Witness. I am doing something else now. 

Q. But for 15 years you have been a licensed pilot?—A. Yes, not continually, 
but off and on. 

Q. But you had a license all the time?—A. Yes. 

Q. Have you owned boats?:—A. Yes, little boat; don't run it. 

Q. You don’t run it?—A. No, .just fooling around. 

(}. You are a machinist?—A. Yes, sir. 

Have you got a machine shop?—A. Yes. 

Where?—A. Down close to the bridge. 

(N In the town of Ketchikan?—A. In the town of Ketchikan. 

(^. What do you do in that machine shop?—A. Blacksmith work, repair work, 
and machine work. 

(N And do .voii carry on the business yourself?—A. IMe and I'aiil. 

(N Both are interested in it?—A. Something like that. 

(}. Do you repair boilers and engines?—A. I’lit parts on lioilers, repair gas 
engines, do blacksmith work, sho]) and machine work of any kind. 

(N flow long have you been doing that kind of work?—A. Ever since my 
father was a blacksmith and I follow something like that all the time most of 
my life. 

Q. Your father was a blacksmith?—A. He was. 

<>. He followed that in this Teriitory?—A. All the time, he was a black¬ 
smith. 

Q. Do you own the i)roperty there where you carry on the machine shop?— 
A. Yes. 

ii. :Macbine shop, buildings, and ground?—A. Machine shop, buildings and 
gi’ound and all. 

Q. And you have a machine shop established there, tools and all kinds ma¬ 
chine work apparatus, lathes, etc.?—A. Yes, everything that machine shop has. 

<N It is a large machine sho])?—A. No, small one. 

.ludge Wickersha:si. I now offer in evidence from this certified copy of the 
a.s.sessment roll of the town of Ketchikan for 1918, so much of it as has ref¬ 
erence to this particular witness. (Reads:) Casper Mather, shop building, 
fraction of lot 10, block 28, realty $850, machine shop eiiiiipment, personalty 
$200, total valuation $550, tax $11, date of payment September 23, 1918. 

Q. Where did you go to school at, Mr. IMather?—A. Different places, in 
Metlakatla, New Metlakatla, Sitka Industrial Training School. 

Q. How long did you go to the Sitka Industrial Training School?—A. Now 
I don’t remember, started with my brother, not much, mostly at Duncan’s 
school at Metlakatla. 

Q. How long have you lived in youi- home here in Ketchikan?—A. Something 
around eight or nine years. 

(J. All the time?—A. All tlie time. 


522 


WICKERS HAM VS. SULZER, DECREASED, AND GRIGSBY. 


Q. W;is your family witli you all the time?—A. My family was with me 
{ill the time. 

1 notice you jire well dressed, you luive a good suit on, do the rest of the 
native people here wear clothes simihir to what yours {ire?—A. Some; yes. 

Q. 1)0 they have any chief among the mitive people here in Ketchikan?— 
A. Not here. 

Q. Don’t have any in Methikiitla?—A, No. 

(). And you don’t recognize any chief of any kind?— A. No. 

(}. There is no tribe of Indians you belong to in anyway?—A. No, 

Q. Did I ask you if you registered as a United States soldier in the last 
o'ar?—A. I did. 

Q. Here in Ketchikan?—A. In Ketchikan. 

Q. You were not c{illed?—A. No. 

(}. You live in your own home; who eLse lives there?—A. ]My.self and my wife 
and children. 

Q. What kind of a home Imve you got?—A. F{iirly good enough place. 

(}. Do you belong to any oi’gaidzations or .societies?—A. No, I don’t belong to 
{Inything here. 

Q. Did you belong to the Alaska Labor Union?—A. No, I didn’t belong to 
that. 

Q. What boats did you run on as pilot?—A. Steamship lluroJd, tugboat. 

D. Wluit others?—A. Steiniiships {ind g{is boats, .s{iwmill boat YujUunt; I was 
master of her for sometime. 

(^. She w{is a siiwmill tugho{it?—A. Yes. 

By Attorney Cosgrove ; ’ 

Q. Is there anybody in that husine.ss down there besides you {ind Paul?—A. 
What d(> you mean? 

(L .Just you two thei'e?—A. Yes. 

(,}. You luive a grocery store and machine shop?—A. Yes. 

Cy And you have charge of the grocery store?—A. The shoj). 

Q. The machine sho])?—A. Yes. 

Q. And Paul takes care of the grocei’y store?—A. Something like that. 

(y And I suppose when you are out of town he does the machine work?—A. 
Something like that. 

(y And when he is out of town you sell the groceries?—A. Yes, I help. 

P).v Attorney Grigsuy : 

(y Isn't it true that Paul’s daughters, girls, work in the store akso?—A. Yes. 

P)y Attorney (’osgrove : 

Cy Ill which deiiartment, machine shop or groceries?—A. Groceries. 

Casper PI. Mather. 

Subscribed and sworn to before me this 11th day of October, 1919. 

[seal.] Will H. Winston, Notary Fiihlic. 

DISPOSITION of JOSEPH JOHN. 


JOSEPH JOHN, sworn. 

By Attorney Cosgrove : 

Q. What is your name?—A. Joseph John. 

Q. Where do you live?—A. I live here in Ketchikan. 

(y Are you a married man?—A. Yes, sir. 

(y How long have .von lived here?—A. I have been living here since born. 

(y Were you born here?—A. Yes. 

(y What tribe of Indians do .vou belong to?— A. Thlinket. 

(y You know (’hief .Johnson of the tribe?—A. Yes. 

(y Did you live hei'e last November?^—A. Yes, sii‘. 

(y Did you vote?—.V. Yes, sir. 

(y For whom did you vote?-— A. That is for me to know. 

(y Is that so; won’t you let us in on it?—A. No; I don't think so. • 

(y Why: why won’t you tell us?—A. I don't have to tell you. 

(y Who told you that?—A. I have been listening all these peo.ple remark. 

(}. You have heard it here';*—A. I can tell you if you want to. 

(,y Yes; ])lease do?— A. I vote for Wickersham. 

(y How did you haiipen to vote for Wickersham?—A. Well, I heard he was 
for tishermen, .so papers say. 


WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 523 


Q. Who told you that?—A. All papers, 

Q. AVhat papers?—A. Ketchikan papers. 

Q. Ketchikan Times?—A. Yes. 

Q. You read the Ketchikan Times, do you?—A. Yes, sir, 

Q. Did some white man tell you that too?—A. No; nobody told me. 

Q. And you have talkeil with a lot of white men about the election?—A. No, 
sir. 

Q. What office was INIr. Wickersham running for that time? Do you remem- 
l)er?—A. I didnt’ know. 

Q. Did you vote for anybody else except Wickersham?—A. No, sir. 

Q. Did anybody come to the polls with you?—A. No, sir; nolxxly—just came 
in from street into the room. 

Q. How did you tind out how to vote; what to do?—A. .lust showed be how 
to make a cross. 

Q. Who did that?—A. Some of these hoy.s— people— four or five, I think, 

Q. Who showed you, Mr. Hunt?—A. I forgot. 

Q. Did he go into the booth with you?—A. No, sir; I went alone. 

Q, Where were you when you voted; how did you vote?—A. Riglit here in 
this table. 

(j. You don’t remember the time?—A. I forgot. 

(}. Do you know IMr. Oliver?—A. I know him; yes. 

(}. Wasn't it him who showed you how to vote?—A. No. 

Q. Are you sure about that?—A. Yes, sir. 

(}. P>ut you don’t remember who it was?—A. I don’t remember who. 

Q. Was it Mr. Stackpole, Harvey Stacki^ole?—A. I couldn’t tell. 
i}. You don't remember that? You don't remember that it wasn’t Mr. Stack- 
l)ole or Bob Oliver?—A. I don’t know. 

(j. Did you evei' vote before last November?—A. No, sir. 

Q. How old are you?—A. Well, I must be i)retty close to 80. 

Q, How did you happen to come here to vote last year when you never voted 
befoi'o?—A. I know, I thought I am born in Alaska, Russia sold Alaska to the 
Dnited Slates, ought to be we can. 

(}. But you never voted l)efoi‘e. How did you happen to come and vote at 
that time; who got you to come up here?—A. I saw other people coming up. 

Q. What other people?—A. Native peojde. 

Q. Did you talk it over with them?—A. No; many come up here. 

Q. State who they were.—A. Some of our native people. 

Q. Don’t you remember who?—A. Lots of them. 

Q. And tliey got you to come up here?—A. Told me and I come up here 
myself. 

Q. You talked with them?—A. No; I didn’t talk with them. 

By .Judge WiCKEiisHAivr: 

(>. Mr. .Tohns, are you married?—A. Yes, sir. 

(j. How much of a family have you?—A. Three now. 

(>. And you were born and lived in Ketchikan all your life?—A. T have been 
back East to school. 

(>. Where did you go to school?—A, Carlisle. 

(j. How long (iid you go to the Carlisle school?—Five years. 

Q. And you read and write, then, of course?—A. l^es, 

Q. You know that Mr. Sulzer was a candidate last November also?—A. Yes, 
sir. 

Q. And Mr. Wickersham was a candidate?—A. Y'es, sir. 

Q. And you know they wei-e candidates to go back to Washington to make 
laws ? 

Attorney CxKigsby. T>et the witness testify, .Judge. 

By .Judge Wickersham : 

(j. You know that all, don’t you?—A. J know. 

Q. But you didn’t know the title of their office?—A. No; I didn’t know. 

Q. Where do you live, Mr. .John?—A. I live on this side of the creek. 

In your own house?—A. Yes, sir, 

Q. You possess the lu-oiierty there yourself?—A. Yes, sir. 

Q. How many I’ooms in your house?—A. Two. 

.j\idge Wickersham. I read from this certified record, furnished me by the 
town treasurer, so much of it as has reference to this witness: 


524 WrOKERSHAM vs. SULZEK, DECEASED, AND GRIGSBY. 


“.Toe .Toliii; cabin; fraction of lot U), l)iock 17; realty, $100; total valuation, 
$100; tax, $2; date of payment, Novenil)er 4, 1918; penalty, 30 cents.” 

Q. Have you paid any s(*liool tax, Mr. .John—^$5?—^^A. Not as I know of. 

Q. Are your cbildren old enouj;b to j?o to school?—A. No. 

Q. D<* you helotif;: to the Alaska labor union?—A. Yes, sir. 

Q. What other society or orjjanization do you l)elon.i; to?—A. Just the Alaska 
labor union. 

Q. How huifj did you reside in Ivetchikan before you voted last No\'einber,— 
several years?—A. I stay here. 

Q. Before you voted last November?—A. About ID years—10 or 11 years. 

Q. What busine.ss are you in?—A. Fishinji. 

Q. 'Ho you own a tish boat?—A. No. 

Q. Who do you work for?—A. Use cannery boat this last summer. 

Q. What cannery?—A. Nakat Tnlet. 

Q. What do you do—. 2 :eneral work for the cannery?—A. No; seining;. 

Q. What did you do on the cannery boat?—A. Uanneiw seine boat. 

Q. What were you doin. 2 :?—A. Workini>: on the boat. 

Q. In what way; were y(ni caidain?^—A. Yes, sir. 

Q. Have you a license—])apers?—A. Didn’t have to have licen.se. 

(). But you had charjje of the boat?—A. Yes, sir; just master. 

Q. The boat belonged to the cannery company?—A. Yes, sir. 

Q. You say that you belong to the Thlinket race?-—A. Yes, sir. 

Q. Do they have any chief amonj; the Thlinkets here in Ivetchikan?—A. Well, 
used to have lon^;’ time a^n; not now, I don’t think. 

Q. You don’t recognize any chief yourself, do you?—A. No, sir. 

Q. Do you try to live like white men. do you?—A. We try to. 


Subscribed and .sw<»rn to before me this 11th day of October, 1919. 

-, Notary FuhUc. 


DEPOSITION OF EDWARD R. RIDLEY. 

EDWARD R. RIDLEY called and sworn. 

By Attorney Grigsby ; 

Q. What is .vour full name?—A. Edward R. Ridley—Edward Robert Ridle.v. 

Q. Where were you born?—A. IMetlakatla, Alaska. 

(}. Where do you live now?—A. Live here in Ketchikan. 

Q. How lone: liave you lived in Ketchikan?—A. Ten years. 

Q. Uontinuously?—A. Yes. 

Q. In what iiart of Ket(*hikan?—A. Down in Indian Town. 

Q. Did you vote last election—last Noveml)ei‘?-—A. Yes, sii‘; I voted. 

Q. How old are you?—.\. I will lie 24 this comine; January 11. 

(}. For whom did you vote?—A. Isn’t tliat my busines.s to tell whom I voted 
foi’. 

Q. If you want to, you can ; if you don’t want to. you don’t need to.—A. Well, 

I understand myself when I vote I wasn’t jrointr to ted anybody. 

Q. Have ,vou any reason for not wantin.e: to tell?—A. Yes. 

(J. What is your iva.son?—A. I’ecau.se when I vote I told myself not jroinfj; to 
tell anybod.v whom I vote. 

Q. What is .vour object foi- not tellinii now for whom yon voted? Have you 
any real objec't for not tellinj; whom you voted for?—A. I supimse if I tell who I 
vote now, it will be all off. 

Q. All off, bow?—A. You know how my vote, when I vote I wasn't supposed 
to tell anybody. 

Q. What makes .vou think of it; do you think your vote will be thrown out 
if .vou tell ?—A. It is my idea. 

Q. You think your vote is le 2 :al, don’t you?—A. Yes, sir. 

Q. If it was lejial you don’t think it would be thrown out, do you?—A. I. 
don’t know. 

Q. The reason you don’t want to tell is because you are afraid it may hurt 
Mr. Wickersham in his contest?—A. Yes. 

Q. That is the reason?—A. Yes, .sir. 

Q. Had you ever voted before the last election?—A. I was under ajie during 
the time. 

Q. You would be 22, then, last November, 23 last January?—A. Yes, sir. 






WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 525 


Q. Was your fatlier a native of Alaska?—A. Yes. 

Q. What was he—a Tsimpsean?—A. Yes, sir. 

Q. He was born in Alaska?—A. No; horn over in British Colninbia. 

Q. Do you know when he came to Metlakatla, Alaska?—A. Xo; I was horn 
over here. 

Q. You were born over here on this side?—A. Yes, sir; that is all I know. 

Q. Do you live here all the time in Ketchikan?—A. Yes, sir. 

Q. Don’t you live in Metlakatla at all?—A. Yes, sir. 

Q. Are you married?—A. Yes, sir. 

Q. Have you a house here?—A. Part owner of a house. 

Q. Who owns the other part?—A. My father. 

Q. And how lonjj since you lived in Metlakatla?—A. It has been 10 years 
ajro since we left, and I only fjo over just on holidays. 

Q. You haven’t been over there to reside at any time?—A. No, sir. 

By Judge Wickersham : 

Q. Mr. Ridley, where did you go to school?—A. I went to school at the 
Cushman School in Tacoma five years. 

Q. You read and write Phiglish?—A. Y'es, sir. 

Q. You read the newspapers?—A. Yes, sir. 

Q. The magazines?—A. IMagazines of all kinds. 

Q. And are dressed just like the other gentlemen here in the room now?—A. 
I suppose I am, trying to. 

Q. I notice you have a button on there. What is that?—A. Victory loan 
button. 

Q. Do they recognize any chief among the native iR?ople here in Ketchikan?— 
A. Not what I know of. 

Q. You don’t recognize any?—A. Nobody. 

Q. Does your father?—A. I don’t think so. 

Q. Do you know any people who do?—A. No. 

Q. Don’t recognize any laws except those of the United States?—A. No, sir. 

Q. Y^ou were taught down to the Cushman School to be a citizen’of the United 
States and to love the country, weren’t you?—A. Yes, sir. 

Q. Were you registered in the last war, Mr. Ridley?—A. Yes; I was reg¬ 
istered. 

Q. Were you registered?—A. Right here in Ketchikan, at the custom¬ 
house. 

Q. Have you got your registration card?—A. Yes, sir. 

Q. Have you got it with you?—A. Yes, sir. 

(Judge Wickersham reads same into the record, as follows; “Registration 
certificate. To whom it may concern, greetings: These presents attest that in 
accordance with the proclamation of the President of the United States and 
in compliance with law, Edward Robert Ridle.v. of Ketchikan, Alaska, bas sub¬ 
mitted himself to registration and has by me been duly registered this 5th day 
of November, 1018, under supervision of the local board designated on the back 
thereof. E. C. Keaney, Registrar.” On the back of it; “Local board No. 4, 
city of Ketchikan, Ketchikan, Alaska.”) 

Q. What is your business, Mr. Ridley?—A. I am just a common laborer— 
fishing. 

Q. Do you own propert.v here in Ketchikan? Do you own an interest in prop¬ 
erty?—A. Yes, sir; an interest in property. 

".Tudge WiCKKKSHAZif. T want to read into the record the description of ))rop- 
ert.v, etc., standing under the name of this man ri’^^uds] : 

Ridley, Robert; house; lot 2. block’27; value, .$5.50; total valuation, $.5.50; 
tax, $11; paid October 11, 1918.” 

O. Is that your proi)erty and whose?-—A. It is my father’s. 

Q. Your father’s property?—A. Yes. 

(}. Is it the proi)erty you have an interest in?—A. Yes. 

Q. Where you reside?—A. Yes. 

Q. Do you belong to the Alaska labor union?—A. Yes, sir; T belong. 

Q. Do you belong to any other associations or unions?—A. No, sir; not here. 

Q. What na])ers do vou read. Mr. Ridley?—A. Why, I read all my papers. 

Q. ^Magazines?—A. IMagazines, new.spapers. 

Q. Do the native people here live after the style of white people—native 
people here in Ketchikan?—A. Yes, sir; seem to. 

Q. They don’t have any tribal relations?—A. No. 

Q. And all live in their own homes?—A. Yes. 


626 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q, Some own their homes and others rent them?—A. Yes. 

Q, And live nronnd amonj? the white people?—A. Yes, sir. 

By Attorney (iRiGSBv: 

Q. When is that reg^istration card dated?—A. November 5. 

Q. Last year?—A. Yes, sir. 

Q. Yon never registered before that?—A. I was sick; I had tlie tin. 

Q. How long did yon have the fin?—A. Three weeks. 

Q. Ihdor to the time yon liad the tin, yon never registered?—A. No, sir. 

(L Do yon know when the registration was on the first time?—A. Yes, sir. 

Q. When?—A. I couldn’t remember the date; I couldn’t say the date. 

Q. Wliat year was it? Yon didn’t register in the fir.st registration?—A. I 
couldn’t; we tried; good many boys tried, but refused ns. 

Q. Yon tried yourself?—A. Yes, sir. 

Q. Who did yon go to?—xV, Ivocal board here. 

Q. Do yon know why yon were refused?—A. They refused natives; all, I 
understand, first place; good many boys tried it. 

Q. They refused yon because yon were natives?—xV. Yes, sir. 

Q. Didn’t consider you as citizens?—A. Not until in the fall. 

Q. Last fall? 

By Judge Wickersham : 

Q. Isn’t it true the reason was because they were going to try to get up a 
native contingent, separate and apart from the others? What do you know 
about that?—A. What do yon mean; to live separate? 

Q. What I meant to ask, didn’t they refuse you because they were prepar¬ 
ing to enlist all the native people in one class or in one organization? What 
do you know about it?—A. Yes; I think I do; a good many boys I went to 
school with down in the Sound, they were registered in the first place; just 
didn’t register, except in Alaska. 

Q. All the people in Alaska were registered a long time after the people 
down below, weren’t .they?—A. Yes, sir. 

Edward B. Hidley. 

Subscribed and sworn to before me this 11th day of October, 1919. 

[seal.] Will H. Winston, 

Xatari/ l*ahlic. 

DEPOSITION OF HERMAN RIDLEY. 

HERMAN RIDLEY, called and sworn. 

By Attorney Grigsby : 

Q. State your full name.^—xV. Herman Ridley. 

Q. How old are you?—A. Twenty-two. 

Q. Younger than your brother?—A. Yes, sir. 

Q. You voted at the last election?—A. Yes, sir. 

Q. For Mr. Wickersham?—A. Yes, sir. 

O. Was that the first time you ever voted?—A. Yes. 

Q. Where were you born?—A. IMetlakatla, Alaska. 

Q. How long have you lived in Ketchikan?—A. Ten years. 

Q. Tliat has been your home all the time?—A. Yes. 

Q. Did you register last fall—A. Yes; I registered. 

By Judge Wickersham : 

Q. AVhere do you live?—A. Swansons Hill, here. 

Q. You live with your folks?—A. Robert Ridley. 

Q. Robert Ridley is your father?—x\. Yes, sir. 

Q. And you are a brother of Ed Ridley, wlio was just on the witness stand?— 
A. Yes, sir. 

Q. I notice you have a pin on. Wlmt is tliat?—x\. American flag, I suppose. 

Q. Where did you go to school?—Tacoma, Wash., Cushman School. 

Q. How long did you go to school there?—A. Two years. 

Q. Did you go to school anywhere else?—A. Duncan’s school, in IMetlakalla, 
five years. 

Q. Can you read and write?—xV. Yes. 

Q. You read the new.spapers and magazines?—xV. Yes, sir; everything. 

Q. Do you belong to the Alaska labor union?—A. Yes, sir. 

Q. Do the native, young native, men around Ketchikan dress about like you 
do?—A. Some; can’t say all of them. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 527 

Q. ell, they don’t iinuntain any tribal relations, anv of them—don’t have a 
<*hief?—A. No, sir. 

By Attorney (tKtgsby : 

(}. How did you come to vote last fall?—A. I was thinking I had age enough, 
so I coidd vote. 

Q. Anybody talk to yon about?—A. No, sir. 

Q. Did you read the newspapers about the political issues?—A. Yes, sir; I 
read some—a few. 

(}. And what papers?—A. Some papers in town, for (piite a while. 

(}. hat papers?—A. Miner; used to he the Ketchikan Miner. 

ho is Mariam Ridley’?—A. She is suj)po.sed to he married to one of my 

cousins. 

Herman Ridley. 

Subscribed and .sworn to before me this 11th day of October, 1919. 

[seal.] Will H. Winston, 

Notary Public. 

DEPOSITION OF JOE STARK. 

.roE STARR, called and sworn. 

By Att(»rney Grigsby: 

Q. What is your name’?—A. Joe Starr. 

Q. Where were you horn, Joe’?—A. I horn Alaska. 

What part’?—A. Port Tongass. 

(2. How old are you?—A. I am over 50 years. 

Q. Did you vote last election—last November’?—A. Yes, sir. 

Q. Here in Ketchikan?—A. Here in Ketchikan. 
i}. Who did you vote for?—A. I told you before. 

(}. Wickersham?—A. You .speak me before, and I tell you. 

Q. And you told me that is Wickerslmm’?—A. Yes. 

Q. Did anybody oome with you to the place to vote?—A.-Nobody; everybody 
go out all the time. 

(b Who come up here with you?—A. I forget with me; lots of people, some 
natives. 

Q. r>id you talk to any white man about voting’?—A. No; I never talk. 

(}. Who told you you had a right to vote?—A. Some of my people. 

(b Do you know which one?—A. I don’t know which one; I forget. 

(}. All your people came up to vote?—A. Yes. 

Q. Do you know who told them they had the right to do that?—A. No; I hear 
Mr. Wickersham is Christian ; he help the poor man like me, and that is all 1 
hear. 

Q. Who did you hear say that you natives all had a right to vote?—A. Some 
our people read the new.spaiiers, and they tell us. 

Q. Did the newsiiaiiers tell you had the right to vote?—A. No. 

Q. Who told you you had a right to vote; you never voted before?—A. Nobodv 
tell me. 

Q. You lived in Alaska 50 years?—A. Yes. 

Q. Last November the tirst time you ever vote<i?—A. First time. 

(b How did you come to vote last November?—A. All my people came here 
to vote. 

T}. And what are you—a Thliid-:et?—A. Yes; Thlinket. 

(}. They all came up here to vote?—xV. Yes. 

(b How many of them’?—A. I can’t count how many. 

Q. None of them ever voted before?—A. No, sir. 
i}. Who told them they could vote?—A. Nobody. 

Q. Why didn’t you vote in 1910, three years ago? Why didn’t you vote 
then?—A. Never vote. 

(b Why not?—A. AVell, I didn’t hear. 

(}. Do you know what white man it was said y(m could vote last fall?—A. No. 
(,). Do you know Boh Oliver, this gentleman sitting over here; do you know 
bim?—x\. I know him, hut I don’t know his name; I know his face, all right. 

(b x\nd he talked with you?—A. I guess I talk with him; I forget who talk 
for me. 

Q. Did he tell you you had a right to vote? Did he tell you you could vote?— 
A. I don’t know what stay [you say]. 

Q. What di(] he tell you?—A. I don’t know; I forget stay [he say]. I vote; 
that is all, all I know. 


528 wickp:rsham vs. sulzer, i)Ecp:asei), and grigsby. 


W’ho iiiurked tlie ballot for you, Joe?—A. Mr.—I eaii’t liear this hard 
words; I haven’t school imich, 

Q. Wh<> marked the paper for you when you voted?—A. 1 mark myself. 

Q. \\’ho showed you how?—A. Just gentleman around here give me paper; 
that is all. 

Q. What ollice was Mr. Wickersham running for?—A. What oflice, you mean?' 
(,). Yes?—A. Jiight here. 

Do you know what office Mr. Wickersham was running for?—A. No. 
ii. Did you vote for anybody else besides Wickersham?—A. No. 

(}. Just for Wickersham?—A. Yes. 

Q. Did you mark the palmer yourself?—A. I think write name; that is all. 

Q. Did you mark a cross on the paper?—A. Yes; I make a cross. 

Q. And you went into the booth and made a cross, did you? Where did .von 
make that cross; wha.t i»art of the room?—A. Around here; room here; this 
side I indicating!. 

Q. Did anybody go over there with you to show you how to make it?—A. 
Nohod.v. 

Q. And you read what was on the ballot?—A. No; I couldn’t read. 

Q. You couldn’t read what was on that paper?—A. No. 

(„). AN'lio showed you where to put the mark?—A. I forget. 

(}. Some man here?—A. Lots of people. 

(„). Mr. Hunt?—A. JMayhe ]Mr. Hunt; I don’t know. 

(). You live in Indian town?—A. Yes; Ketchikan our home. 

Q. How long have you lived in Ketchikan?—A. As long as before first start 
here cannery; that time we live here. 

Q. l"ou are a suhchief. are you, Joe?—A. Long time now; my name .Toe Starr. 
Q. You were chief?—A. No I am chief. 

Q. Weren’t you a kind of a chief once?—A. No; I don’t believe chief; our 
people no use. no count. 

Q. latng time chief?—A. Lots of savages; not now. 

Q. Long time ago?—A. Uncle, uncles, grandfathers; long time. 

Q. And you are from the most intelligent branch of the Thlinkets, then?— 
A. That is a hard one. 

(.}. Is .lohnson chief?—A. Yes; he is chief. 

Same tribe?—A. Same tribe. 

Q. Bigger chief than you were?—A. He don’t do now. 

Q. When he was a chief, was he bigger than you were?—A. .lust the same;, 
long time, not now. 

Q. You go to his bouse?—A. I go to his house. 

Q. That is tribal house, isn’t it?—A. Yes. 

You have meeting there?—A. No meeting, nothing. 

(}. You have meeting?—A. No, no. 

You can’t read?—A. WTiat? 

(]. You can’t read? —A. I Can’t read. 

(). You .lust write your name?—A. .Tust write name now. 

(}. You don’t know, do you, Joe, why all the natives came up to vote last 
fall? Y’ou don’t know who told them to do that?—A. No; I don’t know wlm 
told them. 

(}. How many natives, your people, came up here to vote?—A. I don’t know; 

I can't count. 

(.). Twenty?—A. Maybe 20; I <lon’t know; the man keej) on the paper. 

Q. Do you know how many 20 is?—A. I know. 

(}. AVere there that many?—A. I don’t know. 

Q. IMore than that?—A. I don’t know. 

Q. They all came up?—A. No. 

Q. They didn’t all come up?—A. I hear they all go out; after I stay 1 can’t 
count. 

Q. They kept coming in all the time?—A. Yes. 

(J(. Lots of them?—A. Lots of them. 

(>. All vote for AVickersham?—A. I don’t know. 

0- You think so?—A. Oh, I don’t know. 

(L You think so?—A. I don’t know. 

Judge AATckershaai. That is not the best evidence. 

Attorney Grtgsuy. AA> are not asking for the best evidence. 

Q. Do you believe they all voted for AAlckersham?—A. No; I know myself. 
Q. They all talked for AATckersham?—A. I know that is. 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 


519 


Q. You heard lots of talk?—A. I heard just one fellow; my friend, he is 
down ill Victoria ; he read the newspaper; he gone to Victoria, British Co- 
luinbia. 

By Judge Wickeksham : 

Q. Joe, isn’t it true that all the natives over at Hydahurg voted in 1916? 

• The Indians over at Hydahurg voted in 1916 for Mr. Sulzer? Did you hear 
that?—A. 1 don’t know. 

Q. You didn’t know anything about Mr. Hilihs and tho.se people over to 
Klawak trying to vote all the Indians ar Klawak and Hydahurg in 1916, two 
years before you voted; you didn't know that?—A. I don’t know that. 

Q. You own .some property here in town’?—A. Yes, sir. 

Q. Where is your property’?—A. On that side. 

(). Your name is Joe Starr'?—A. Yes. 

Judge WicKKRsiiAM. 1 want to read into the record the item in this certi¬ 
fied list of taxjiayers of Ketchikan; that item relating to this particular wit¬ 
ness treads]: 

“Starr, Joe; house; lot 16, block 17; value, $500; total valuation, $500; 
tax, $10; paid October 15, 1918.” 

0- How long have you owned that house, Joe’?—A. Two years now. 

Q. You were living there when you voted in November?—xV. Yes. 

Q. How many children have you?—A. Well, I had four; now some died. 

O- Wife and four children’?—A. Yes. 

Q. What is your l)usiness’?—xV. Wliat business’? Fishing. 

Q. Fisherman’?— A. Yes. 

Q. Did you ever own a boat?—A. Yes sir. 

Q. IVhat kind of a boat?—A. Small boat. 

D. Gas boat?—A. Gas boat. 

(j. Do you run it yourself?—A. I run. 

Q. Can you repair it and fix it when it is broken’?—A. Yes; we fix it. 

D. Who did you fish for’?—A. Starr Coliison. 

Joe Starr. 

Subscribed and sworn to before me this 11th day of October, 1919. 

[SEAL.] Will H. Winston, 

Notary Pnblic. 

DEPOSITION OF GEORGE KEEGAN. 

GEORGE KEEGAN called and swoin. 

By Attorney Grigshy ; 

Q. What is your name’?—A. George Keegan. 

Q. Have you got any other name’?—xV. That is my name, real name, George 
Keegan. 

O. You have got .some other names?—A. That is all. 

Q.- Is that the only name you go by’?—A. Yes. 

(j. What are you, a Thlinkef?—A. Yes. 

Q. You live in Ketchikan’?—A. Ye.s. 

g. How long have you lived in Ketchikan?—A. Oh, a long time. 

Q. You live down iiere in Indian Town’?—xV. Yes. 

Q. Do you own your house’r—A. No, ji-.t renting house; I born in Metlakatla, 
you_know. 

Q. You were born in Metlakatla’?—A. Yes. 

Cj. But you are not a Tsimp.sean’?—A. My father had a little farm and log 
<-abin at Metlakatla, and when p(‘ople moved there we had home there before. 

(j. How long have you lived in Ketchikan?—A. Around here over 10 

years now. 

Q. You were here last November?—A. I'es. 

Q. At the time of the election?—A. Yes. 

Q. Did you vote here?—A. Yes. 

Q. And for Mr. Wickersham’?—A. Yes; I told you before when up in your 
room. 

Q. What oflice was he running for?—A. Who? 

(}. Mr. Wickersham’?—A. Well, I don’t know. 

g. Did you vote for anybody else’?—A. I don’t know; I know I vote him. 
g. Did you vote for anybody else besides him’?—xV. I forgot; two or three 

besides. 


151279—20 


31 



530 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Is that the tirst time you ever voted?—A. Yes. 

Q. How old are you?—A. Thirty-two. 

Q. How long had you been living in Ketchikan last November?—A. About 
10 years now since I have been living in Metlakatla, around Ketchikan, all the 
time. 

(). Haven’t you been back to Metlakatla at all?—A. No. 

(y Are you married?—A. Yes. 

ty How long have you been married?— A. About 12 years, 
ty Were your family here then?—A. Yes. 

(y All that summer?— A. Yes. 

(y You weiv here all summer?—A. No; out myself tishing. 

Q. \\’hen you were not out tishing vou were in Ketchikan all the time?—A. 
Yes. 

Q. You never went back to Wetlakatla?—A. No; never go back. 

Q. How did you happen to vote last November?—A. Only time we know have 
right to vote, befoi'e we no. Like we don't know nothing, like we blind ; l)ut last 
year got to vote; we belong to Alaska and vote right. 

cy Was last year the tirst time? And before that you had the right to vote 
but didn’t know it?—A. Didn’t know nothing; last year on account of war when 
our coiiK' here to be registered none of us say no; just go on Uncle Sam says, 
belong to him. 

(y When did you register?—A. Last year. 

(y What time? —A. This time—fall time. 

cy In November? Have you got a card?—A. No. 

cy Did you ivgi.ster in November?—A. Same time boys register; the first time 
didn’t have to register. 

cy Do you know what month it was you registered?— A. I think October 
some time. 

cy V\’ho told you last fall you boys had tlu' right to vote?—A. We know w(; 
have a right just. 

cy Who told you that?—A. ^^'e just know that from the time had to register 
like any white ni;.n. 

cy Nobody told you?—A. Nobody told. 

cy No \\iiite man talked to any Indians about it at all’?—A. No; not that I 
know of; we know we have got the right to vote. 

Q. No white man talked to you about it’i'—A. No white man tell to vote, 
cy No white man told you to register so you could vote?—A. No wanting, 
Ketchikan Miner, if saw, got to go and register. 

cy After that no white man talked to you about politics?—A. No; I don’t 
know. 

cy Didn’t Mr. Oliver?— A. This fellow | indicating |. 
cy Yes; did he talk to you’.''—A. No. 

cy Harvey Stackj)ole‘?—A. No; I know him but he never talk me. 
cy Did anybody help you to mark your ballot’:'—A. Nobody help, and give me 
paper, was in theiv card over there, one room for each man. 

cy You marked it yourself’.-'—A. I know fellows can ; I put cross and two 
other names. 

Q. You can read’?—A. Yes. 

cy Had you seen a sample ballot before that, so you would know his name’?— 
A. I see in newspaper his i)icture and his name. 

cy You are perfectly sure, are you, that nobody talked to you about who to 
vote for or told you you had a right to vote’?—A. We never hear nothing about 
that before; it was our first time last year; they say got right to vote like 
anybody. 

cy And you all came up and voted?—A. Yes. 
cy How many?—A. I don’t know. 

Q. About how many? 

I5y Judge WiCKPutsHAAr: 

cy I object; it is not the best evidence; the lists show; the registration list 
is the best evidence. 

By Attorney Guigshy : 

(y About how many’?—A. I couldn’t tell; I can’t tell correct. 

(). Then, tell your truest and Ix'st estimate.— A. I don’t know how many the 
natives. 

cy You haven’t any idea?—A. No. 


531 


WK'KERvSIIAAI VS. SULZER, DECEASED, AND GRIGSBY. 

(). A good many?—A. A good many over 30, I think. 

Q. Ovei- 30?—A. Something like that. Over 30 in Ketchikan now, about 50 
tlien. 

(}. All voted?—A. Ye.s. 

r>y .Tndge Wickersham : 

George, did yon ever go to school?—A. No; over here. 

(}. How long?—A. Al)ont one year at St. .lohn’s School before. 

Q. You can write your name?—A. Name. 

Q. You read?—A. Little hit. 

Q. Where do you live?—A. Ketchikan, all the lime. 

Q. Have you got a home of your own?—A. .lust renting house. 

Q. What work do you do?—A. Fishing all the time. 

Do you own a gas boat?—A. No; just run boat any time. 

O. Who do you run a boat for?—A. Running boat Quadra Bay last year. 

Q. What do you do on the boat?— tA. Fishing; seine fishing. 

Q. Do you belong to the Alaska labor union here?—A. Yes. 

Q. You registered for the war?—A. Y"es. 

Q. Have you got a registration card?—A. No; I haven’t got with me now. 

Q. Did I ask if you are married? Are you married?—A. Yes. 

Q. How many children?—A. Two. 

Q. You rent a house?—A. Yes. 

Q. What kind of a house, .Toe—George?—A. Good house; pay $15 a month. 

(j. Fifteen dollars a month rent here in Ketchikan?—A. Yes. 

Q. House like white people live in?—A. White people house. 

Q. You are dressed now just like fishermen do; other white men?—A. Yes. 

Q. And you rent that house from a white man?—A. Yes; from a white man. 
(}. Do you have any chief?—A. No; don’t go by chief; used to have chiefs 
here long time ago. 

Q. But no longer?—A. Not lately, no chief; only call Chief .lohnson just be¬ 
cause he got that name long time, but we don’t go by his word. 

Q. George Johnson is not chief here, is he?—A. No; just call him Chief .Tohn- 
son ; long time start to call him. 

(). Is Billie Dickimson a chief?—A. I don’t know. 

(}. You don’t know of any chief around?—A. Don’t remember them; no. 

Q. There is no chief over to Metlakatla?—A. No. 

Q. l"ou live among the white people?—A. Yes. 

Q. And live like they do?—A. Yes; nothing different. 

Geo. Keegan. 

Subscribed and sworn to before me this 11th day of October, 1919. 

[seal.] Will H. Winston, Notary Public. 

DEPOSITION of GEORGE JAMES. 

GEORGE .TAYIPkS called and sworn. 

By Attorney Gkigsi^y ; 

State your full name.—A. George James. 

Q. Where were you born?—A. Ketchikan. 

Q. How long have you lived in Ketchikan?—A. Since we start here; all the 
time,- 

Q. You have a house here?—A. Just stay with my friends in Ketchikan. 

Q. You stay with your friends?—A. Yes 
Q. In Indian Town?—A. Yes. 

Q. Are you a Thlinket?—A. Y^es; I have been here 32 years now. 

Q. Y'ou have lived here in town .32 years?—A. Yes; all the time we just go 
short time and come back again. 

Q. YYm are .33 years old?—A. Thirty-two. 

Q. Did you vote last November at the election here in Ketchikan?—A. Yes. 
Q. PY)r whom did you vote?—A. Wickersham. 

Q. Wickersham?—A. Yes. 

(}. Did vou vote for anybody else?—A. Yes. 

Q. Wbo'else?—A. Lots of people. I bear good man Wickersbam; white peo¬ 
ple tell he is good man, Wickersham. I sign just his name, that is what I 
mark. 

Q. Did you vote for anybody else beside l\’ickershani?—A. No. 


532 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. When you came up here to vote, who showed you how to mark your bal¬ 
lot?—A. Lot of i)eople, white people in the street, my friends, that fellovr 
she showed me that man; I never read the paper. I have l)een to school not 
one day. 

Q. And white men on the street show you how to mark it?—A. Yes; my 
friends. 

Q. What white man?—A. 1 don’t know. 

Q. Do you know Mr. Oliver?—A. No. 

Q. Mr. Oliver, him [indicating]?—A. I don’t know his name; I see fellow on 
the street. 

Q. Do you know Mr. Oliver?—A. No; only another fellow I know. 

(}. Who is that?—A. .Judge IMahoney. 

Q. .Judge iNIahoney?—A. Who is the marshal is, I know in the street. 

(}. You don’t know the name of any white man?—A. No; only just fellows I 
know. 

Q. When you came up here to vote, did s<unel)ody show you how to mark?— 
A. Some fellow read in newspaper is good man to help fishermen. 

Q. When you came in here to vote, a man gave you a paper?—A. J^aper? 

Q. Yes.—A. Some friends he ask it where Wickersham about on the i)apers, 
another fellow he siiowed Wickersham there, that is what. 

Q. A man showed you on the street?—A. Yes. 

Q. Do you know who that man was?—A. No. 

Q. Do you know Avhat Wickersham was running for, what office he was run¬ 
ning for?—A. No. 

(}. Do you know who is President of the United States?—A. No; I never at 
school; I don’t know; lots talk I don’t hear, only few talks I know. 

Q. You never voted before last fall?—A. No. 

Q. Who told you you had a right to vote last year?—A. I^^ots of people told 
me M’ickersham going to help fishermen, that why I vote. 

Q. Who told you you had a right to vote?—A. .JuSt on street, lots of people. 

(J. Lots of people on the street?—A. Yes. 

(J. You don’t know who they were?—A. No. 

Q. All the Jndians come up and voted last fall?—A. Yes. 

Q. I.iOts of them?—A. Yes. 

Q. All for Wickersham?—A. Yes. 

Q. Who is your chief?—A. I don’t know chief; no; what call chief? I don^t 
believe chief; what is that a chief now; I hear somebody is called chief . 

Q. Do you know what a Bear Indian is?—^A. No. 

Q. Do you know what a Crow is?—A. Yes. 

Q. Do you know what a Bear is?—A. No. 

Q. Are you a Crow or a Bear?—A. Crow. 

Q. Can you marry a Crow?—A. J don't understand. 

Q. Can you read?—^A. No. 

Q. Can you write?—A. No. 

By Judge Wickersham : 

Q. Were you registered in the last war?—A. Yes. 

Q. George, were you registered here in Ivetchikan?-—A. Yes. 

Q. Have you got a registration card?—A. Yes. 

Q. J.et me see it, please. 

Judge Wickersham (to Attorney Grigsby). You don’t want this read into 
the record, do you? 

Attorney Grigsby. Yes. 

Judge Wickersham. All right. [Beads:] “Registration <-ertificate; to whom 
it may concern, greetings: These presents attest that in accordance with the 
])roclamation of the President of the United States and in comidiance with 
law, George James, of ICetchikan, Alaska, has submitted himself to registra¬ 
tion and has by me been duly registered the 22d day of November, 1018, under 
the supervision of the local board, designated on the"back hereof. E. G. Jveaney, 
registrar.” On the back of it, “ I.ocal board No. 4, city of Ivetchikan, Ivetchikan' 
Alaska.” 

Q. Do you belong to the Alaska Labor Union, George?—A. Yes. 

Q. What is your business?—That is fisherman. 

Q, A"ou are a fisherman?—A, Yes. 

Q. What do you do in fishing?—A. Just fishing for the cold storage. 

Q. For the cold storage?—A. When got to work up canneries. 

:d. Do you run a boat?—^A. Yes 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 533 

Q. What kind?—A. I haven’t got; I sell boat; T am going to get another boat; 
big one. 

(i. In a year ago, did you own a boat?—A. Fours days ago, now. 

Q. You sold it four days ago?—A. Yes. 

Q. What kind of a boat?—A. Seine boat. 

Q. How big a boat?—A. Thirty-ftve feet long. 

Q. How much is it worth; what was it worth; how much did it cost?—^A We 
sell that boat. 

Q. Yes?—A. Five hundred and tifty dollars. I want to get a new boat, why 
1 sell that boat, 46 feet. 

Q. You are going to get a new boat, 46 feet long?—A. Yes. 

Q. You have got no chief now?—A. I don’t know what is chief; I can’t tell. 

Q. Do native j)eoi)1e have any chief?—A. I don’t know what is that chief. 

Q You have heard more talk about chiefs from Mr. Grigsby than from the 
Indians the last 10 years?—A. I don’t know what kind man they got chief. 

Q. You live under the laws of the United States?—A. Yes. 

Q. No Indian laws here, are there?—A. No. 

Q. Is your father living?—A. He is died, about nine years. 

Q. He lived here in Kitchikaii, did he?—A. Yes. 

Q. And your mother?—A. She is here. 

Q. Dead, too?—A. No, here. 

Q. AVhere is she living? Where is she living?—A. Indian Town. 

Q. Who does she live with?—A. In the .Tohnson House. 

Q. In the .Johnson House?—A. Yes. 

Q. Have you got any brothers and sisters?—A. Yes. 

Q. How many?—A. Two. 

Q. Where do they live?—A. Here in Ketchikan. 

Q. You say you are 82 years old?—A. Yes. 

(}. What is the button you have got on there, George?—A. That is some 
people- 

Q. Union button?—A. Yes; the Union. 

Q. You behuig to the Alaska Labor Union?—A. Yes. 

(}. You say you know .Judge Mahoney?—A. I only know one, I know .Judge 
Mahoney, this fellow I forget. 

Q. Did he talk about politics to you before November last, before you voted?— 
A. No. 

(}. Do you know IMr. Sharpe?—A. No; which fellow. 

r>y Attorney Cosgrove : 

Q. You voted for Wickersham?—A. Yes. 

.Judge WiCKERSHAir. Before going any further I want to introduce into 
the evidence the certified copy of statement from the assessment rolls of the 
town of Tvetchikan for the year 1918, showing the names of 13 property 
owners, whose proiierty was assessed, description of the jiroperfy, valuation, 
etc., and date of paynient. Certified to by the town treasurer of Ivetchikan, 
and ask t(^ have it inarked as an exhibit and go into the record of the case. 
(See Exhibit A.) 

George .James. 

Subscrib{‘d and sworn to before me this 11th day of October, 1919. 

tsealI Will H. Winston, 

— Xotarif Public. 


deposition of wii.LiAvr T. :mahoney. 

WILTHA^i T. IMAHONEY called and sworn. 

By Attorney Grigst?y: 

Q. State vour full name?—A. William T. Mahoney. 

Q. What'official position do you hold?—A. United States commissioner and 
deputy clerk of the district court. 

Q. Commissioner for what district?—A. Ketchikan. 

Q. That is a recording district?—A. No. 8; yes. 

Q. How long have you held that nosition?—A. Since .\])ril 1, 1917. 

Q. As commissioner of the Ketchikan recording district, is it your duty to 
divide this district into election precincts?—A. Yes, sir, 

Q. That is, outside of the town of Ketchikan?—A. Outside the incorporated 

towns. 



534 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Now, in tlie incorporated town of Ketcliikan, wlio divides the town if it 
is divided, wlio establishes the election precincts?—A. Why, it lias always been 
established. 

Q. Wlio names the judges?—A. The city council and the mayor. 

Q. Do they have the power to divide it into one or more election precincts?— 
A. Yes, sir. 

Q. You liave nothing to do with it?—A. No, sir. 

Q. State the election precincts in your I'ecordiiig district?—A. In tlie re¬ 
cording district it is Cliarcoal I’oint, Beaver Falls, Ilyder, Craig, Tokeen, 
Boring, Hadley, and Kassan. 

Q. Sulzer?—A. Sulzer; there are 10. 

Q. Do you know the town of Hydaburg?—A. Yes, sir. 

Q. In what election precinct is that situated?—A. Sulzer precinct. 

Q. Have you been to Hydaburg?—A. Yes, sir; well, I was in Hydaburg 
while it wjis Vieing built; I was there before it was a town and I have been 
there four or five time in the last two years, I guess. 

Q. Are you acquainted with the Indians who reside at Hdyaburg?—A. Yes, 
sir; practically all of them. 

(}. Are you acquainted with their customs and habits?—A. Yes, sir. 

State whether or not they are in a high state of civilization.—A. Well, 

I wouldn’t call them in a high state of civilization; they are in the highest 
state of civilization among the Indians, the Hydaburg tribe; they live more like 
white people than any other Indians. 

Q. You refer to those living at Hydaburg?—A. Hydaburg and Klawak. 
Those at Hydnburg are in a higher state of civilization than those at Klawak. 

(„). Do you knovr where the Indians at Hydaburg are in the habit of voting?— 
A. Yes, sir. 

(J. Where?—A. Sulzer. 

Q. Do some of them vote at Craig, or is it the Klawak Indians?—^A. It is 
the Klawak Indians who vote at Craig. 

, (). Have you ever been in Sulzer on election day?—A. Yes, sir. 

(,). What election?—A. 1912, I think. 

Q. You wei’en’t there in 191G?—A. No, sii*. 

(,). Nor last fall?—A. No, sir. 

Q. Now. speaking generally, do you know the history of the Indians at Hyda¬ 
burg, how long they have been in Alaska?—A. Yes, sir. 

Q. Can you state Avhether or not they are natives of Alaska?—A. Most of 
the Indians of Hydaburg are natives of Alaska. 

Q. Have you ever seen a list of those who voted at Sulzer last year?—A. 
Yes, sir. 

(}. Do you know them?—A. I know practically all of them. 

Q. Do you know whether or not they are natives of Alaska?—A. I believe 
all of them are that voted; Giey are most all young Indians. 

i>. Are you familiar with what the imle is or was last year with reference to 
the i‘egistei-ing of Indians?—A. Yes, sir. 

Q. IVere they compelled to register?—A. I was a registration otlicer for the 

tirst registration period and Mr. Blue was a registration officer- 

During the first registration period?—A. And the Indians were not 
registered. 

Q. Do you know what the rule was for the second registration period?— 
A. Nh); I do not; I laiow in the second registration that a great many Indians 
registered, as did Chinamen, Japanese, and other nationalities, every nationality 
registered. 

Q. Do you know the Indian town called Saxman?—A. Yes, sir. 

(B What election precinct is that in?—A. That is in Beaver Falls. 

(}. Is it in the city limits of Ketchikan?—A. No, sir. 

Q. Where is the proper place for a resident of Saxman to vote if he is en¬ 
titled to vote?—A. Beaver Falls. 


Q. In your official capacity have you become acquainted 
who reside in the town of Ketchikan, in that part of town 
Town?—A. Yes, sir. 

Q. Are you familiar with their habits of living?—A. Yes, 
Q. Wiiat would you say as to their habits of living as to 
civilized or not civilized, whether they live like white men or 
white men?—A. It is commonly known that most of the 
Thlinkets and Tsimpseans, and the Thinklets and Tsimpseans 


with the Indians 
known as Indian 

sir. 

whether they are 
are not living like 
Indians here are 
are not as highly 



WICKERSHAi\I VS. SULZER, T)ECn':ASEr), AND GRIGSBY. 


535 


civilized ns those nt Ilydahiirj?: they live like white men one day and like 
Indians the i ext. 

Q. And some of them are moi-e hi.uhly civilized than others?—A. Yes, sir. 

Q. Yon have heard the testimony of the Mather hoys here to-day?—A. Yes. 
i}. \\ onid yon coi sider them highly civilized?—A. Yes; thei'e are some of 
them that yon wonldn t call hiuhly civilized and some that are more civilized, 
hnt are still Indians. They live a jiood deal like white people and have adopted 
some of the customs. 

(y lakiiiir them as a whole, wonld yon consider they had adopted the habits 
of civilized life and severed their tribal relations to the extent they wonld 
be entitled to vote?—A. X(>t to vote intellij-ently. 

(y To bave the rifiiit to vote. I mean?—A. No; I wonld not. 

Oros.s-examination by Jndjje Wickehsham. 

(y Jiidije Maboney, the Heida Indians orijiinally came from the (yieen Char¬ 
lotte Islands?—A. Some of them. 

Q. All of them—weren’t they ori.uinally from thei'e?—A. No, sir; a lai'ijce 
majority of those at Hydabnrg now, I believe, were born there. 

(y I am not askinii: yon that cpiestion. I say, originally their place of ori.a;in 
was the (yieen Cliarlotte Islands?—A, I wonldn’t say Qneen Charlotte Islands, 
The Haidas are different from the Thlinkets and Tsiinjiseans. The Haid'-is 
always lived on islands. 

(y Isn't it true they came over from Massett to How Kan, Klinkwan, and 
Snkkwan. and settled thei'e after drivin,!; out the Thlinkets who had formerly 
inhabited those towns?—A, No; I don't know as they did. INIy understanding 
of it was that the Indians had a village at Klinkwan ; then tiiey moved their 
village from Klinkwan to How Kan ; and then from How Kan to Hydabnrg. 
Klinkwan used to be a jiost olliee. Tbere is nobody there now and hasn’t been 
for Id years, and there has been nobody at How Kan now for tive years. 

(y They all moved np to Hydabnrg?—A. Yes, sir. 

(y \\'ho lives at Snkkwan now?— A. I don’t know; 1 never was at Snkkwan. 
(y Snkkwan is just across from Hydabnrg?—A. Snkkwan and Hydabnrg are 
be same thing. 

Q. Snkkwan is just across the strait from Hydabnrg?—A. It is always con- 
adered as Hydabnrg. 

ty Yon will see wbat was an old. old Indian village at Snkkwan?—A. Yes, 

Q. Yon have been at Hydabnrg?—A. Yes. 

(y And yon have seen-A. I might say building. ?,Iy recollection is. there 

s only one. 

Q. Only one left?—A. Practically all one garden spot. 

k]. And the Hydal)nrg Indians at Hydabnrg speak the same language as the 
Indiai’s over on the (Rieeii Charlotte Islands?—A. I don’t know. 

(y You haven't given any careful study to the ethnology of those people*?— 
A. 1 wonldn't say, except what I have heard and read. 

(y Y'on lived at Snlzer for a long while?—A. Y^'es. 

(y And yon knew them there'?—A. Y'es. 

Q. What were yon doing there, Judge?—I was bookkeeper for Mr, Snlzer, 

(y For how long'?—A. Almost three years—two and one-half. 

(y And in that way yon got acipiainted with lots of those peo])le‘?—A. Yes. 
(}. About the only thing yon know about them was learned that way ; from 
talking with them?—A. No; I have done business with them foi- 10 years—7 or 
8 years. 

(y When did they tir.st vote?— A. I do not know. 

Cy Don’t yon know they all voted in 1916, and that was one of the points of 
my controversy in the former contest?—A. I knew yon had a controversy, but 
I didn’t know who voted, except they had so many votes. 

Q. Didn’t yon know. Judge, from talk and from the papers that in the con¬ 
test INIr. Snlzer and I had (O'ei' the 1916 election one of the principal points 
of the contest was over the voting of the Hydabnrg Indians and the Klawak 
Indians there and at Craig?—A. Y'es. 

(y And yon know they did vote in 1916? — A. Jnst according to the recoi'd, 
that is all. 

(). They voted, then, two years before these people were voting'?—A. \>s. 

Q. Now, Hydabnrg is located on the Haida Indian Reserviition isn’t it'?— 
A. No; I do not believe it is an Indian reservation. I know at the time Hyda¬ 
bnrg was started there was some question as to whether it was a reservation 
or not. and the Indians wonldn’t move to Hydabnrg because some of the white 
men told them they wonld lose their rights and wonldn’t be American citizens. 



536 WIOKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You don’t kiujw the President of the United States made l)y Executive 
order a reservation of a certain area of land, scjuare tract, emhracin^r Ilyda- 
hurj; and Sukkwan, known as the Haida Indian ReservationV—A. I didn’t 
know it was an Indian reservation. 

Q. You knew it was set apart for the Indians?—A. But there are white men 
livinac in there I know that. 

Q. What white men were living? there?—A. Half a dozen that I knew. 

Q. Mr. Hihhs was living? there alona: with his wife?—A. Yes. 

(}. Mr. Bromley, who is the minister?—A. Yes, sir. 

Q. Mr. Hihhs was a school-teacher there?—A. Y^s, sir. 

(}. And ]Mr. I>roml(‘y was a minister there?—A. Y'es. 

(}. Mr. Hihhs was emi)!oyed by the (Joverunu^nt there as tetu-her, and had 
charjje of the school over on the Hydahurjj Indian Reservation?—A. Y"es. 

(i. And IMr. Bromley was thei-e for the Presbyteidan (’hurch as ndnistei- on 
the Indian resei’vation?—A. He was there as minister, hut in rejjard to the i)oint 
of whether or not he was on a reservation, I don’t know. 

(}. You know, don’t you, .Iud.u-e Mahoney, that the Haida Indains had a very 
extensive semi( ivilization hefoi-e the white i)eoi)le came to the country, on the 
Queen Charlotte Islands?—A. I don’t know. 1, have always considered the 
H.vdahurp: or Haida Indains much more civilizeci, a much cleaner lookiiifi: and 
hetter-huilt iteople than other natives. They are hi, 2 :, strong;, broad-shouldered 
natives, speak better English, and better to (lo l)usiness with than other natives. 

(}. They were all carvei’s and boat builders?—I don’t know about their 
bein.g boat builders. 

(^. Haven’t you noticed their totem jxdes in their Indian towns?-A. I never 

saw them at Hydaburg. 

(}. No; but at Sukkwan, Klinkwan, and How Kan; you have seen them there, 
haven’t you?—A. No; I never saw them; I believe there was one in Sukkwan. 

Q. Weren’t there many at How Kan?—A. No; not many; three or four, 
probably. 

(). And wbat about Klinkwan?—A. I never saw any. 

(). The Plaida Indian language is altogether ditferent from the Klinket, is it 
not’;'—A. Y>s. 

(). The Haida Indians not only were boat buildei-s but they were fishermen 
in that they were probably more adept in buildin.g canoes and going to sea 
than the Thlinkets who lived near the shore?—A. No. All the Indians in 
southeastern Alaska are considemble fishermen. I don’t know which is con¬ 
sidered the best. 

(>. Did you ever read up carefully al>out the ethnology of the Haida 
Indians?—A. I never read carefully about the Indians; tliere are several 
different theories on it; I Inive talked to a great many old-timers who have 
been hei-e ‘>0 and 40 years. 

tj. You don't know that the (iovernment has made an extensive study of the 
various India!) races and gatherc'd an immense amount of material in respect 
to them?—A. Y"es, sir. 

Now, you say that in ><)ur commissionei*’s iirecim-t there are 10—in your 
commissioner's district thei’e are 10 pi’ecincts—and you have given the 
names?—A. Y>s, sir. 

Q. And in each precinct you appoint the election oflicers?;—A. Yes. 

(}. And you did foi' the election of November o, 1018'?—A. Y>s, sir. 

(>. You are the United States commissioner in this commissioner’s district’?— 
A. Yes, sir. 

(>. 'i'hat otlice makes you ex oll'icio lu-obate judge in this district’?—A. Y"es. 

Q. And justice of the peace?—A. Yes, sir. 

(}. And coroner’?—A. Y"es, sir. 

(). And r(‘Corder'r —A. Yes, sir. 

(j. And you are also assistant clerk of the district court?—-A. Deputy clerk. 

(J. Deputy clerk of the district court. Now, all you know about whei'e these 
Indians ovei* to Hydaburg were born is what .voii have heard; you weren’t 
])i‘esent at the time’?—A. Yes; some of the younger ones. 

(}. None of those that voted?—A. No. 

They came from either Klinkman or Sukkwan or How Kan to Hyda- 
bui’g’?-—A. ]My understanding is iliey came from Klinkwan to How Kan and 
from How Kan to Hydaburg. 

Q. But where they were born, you don’t know’?—A. I am satistied. 

Q. You arc' satisfied, Jmlge, but you don't know anything about it?—A. I 
don’t know how one would know any more; I can’t remember. 



WUUvERSHAM VS. SULZEE, DECREASED, AND GRIGSBY. 


537 


Q. SoiiU'hody just told you about itV^—A. I nvUvS told, and I read some of 
their birth eertitioates. 

Q. Where did you see them?—A. I don't know. 

Q. When did you see them?—A. I don't know whether it was after I started 
here; I don't remember. 

(}. Now, with respeot to these Indians, they live in their own homes, don’t 
they, .Iudj;e, most of them'?—A. No; not most of them. 

(}. Most of tho.se that have been subpcenaed hei’e as witnesses have?—A. 
Von haven’t one-half of them. 

I didn’t tiet any; Mr. (tri.ixsby ^ot them.—A. I should judjje 20 or 25 per 
i‘('nt do own their own proi>erty. 

Q. Are you sure tliat that 25 per cent do own property?—A. Yes. 

Q. And they own their homes here and live very mueh after the manner of 
white men?—A. Yes; after the manner of white men. 

(}. And a ^I'oat. many of the.se they had on the witness stand have been to 
school and read and write?—A. I don’t know. 

Q. You don't know that? You were a very ardent supporter of Mr. Sulzer 
in 1010 and 1018 both, weren’t you, .Tud^'e?—A. \>s, sir. 

Q. You bad worked for him over there and was a friend of bis; thought he 
was i\ good man and supported him earnestly ?— A. Yes, sir. 

(}. And you had been very active in his behalf at the election?—A. I 
wouldn’t say acti\e. 

And wouldn’t you really call it active. Judge?—A. No; I would not. 

(j. Well, how swiftly do you think a man ought to work for another to make 
it active, in comparison with the time you ^^()rked for Sulzer? I am not criti- 
('izing you, Judge, you understand'?—A. That all depends bow bad I wanted a 
man in. 

(}. You wanted INIr. Sulzer elected pretty badly?—A. No; it wasn’t pretty 
bad. I would like to see him in ; believed he was elected, and all that. I 
doii't think T lost any sleep over it. 

By Attorney Grigsby : 

(>. Is the island of Gravina in Ketchikan?—A. Gravina? 

Q. The place Mr. Schafer said he lived'.''—A. No. 

<}. What election precinct would that be in?—A. Gharcoal I’oint. 

Wm. T. Mahoney. 

Subscribed and sworn to before me this llth day of October, 1919. 

rsEAL.l Will H. Winston. 

Xotfiry r 1(1)1 ic. 

DEPOSITION OE GEORGE B. GRIGSP.Y. 

Attorney GEORGE R. GRIGSBY sworn. 

Attorney Grigs]5V. My name is George B. Grig.sby. I am the pre.sent Dele¬ 
gate to Gongress from Alaska. I had a convei’sation with George Booth, one 
of the Indians who testified here this morning, in my room in the Stedman 
Hotel, last Monday, or about that time, in which he informed me that his 
home was at Metlakatla and always had been for a good many years past, 
and was at IMetlakatla at the time of the election last November. 

Three or four days ago I had a conversation with four natives from Ilyda- 
bui*gr, in this election district, Albert Natkin, Isolde Tom, James Edenso, and 
Fred Mather; three out of the four. I don't remember which, showed me 
tludr registration cards and stated that- 

Judge IViCKERSHA^ki. I object to what they stated to you; it is hearsay (‘vi- 
dence and not the best evidence, and ]Mr. Grig.sby has ottered it to serve a 
jmrpose. He is a lawyer, and knows better. 

xVttorney Grigsby (continuing). To me that all the Indians at Hydaburg 
within the iiroiiei' age limits likewise registered for the draft. They also 
informed me that all native boys from Hydaburg w1h> voted at the last election 
at Sulzer were natives of Alaska. 

Judge WiCKERSHAM. I wuiit to renew my objection to this hearsay evidence, 
and I inoveRo strike it out at the {iroper time. 

Attorney’ Grigsby (continuing). I didn’t subpoena them becau.se they were 
al)out to leave Ketchikan, and I didn’t care to inconvenience them. 

Now, with refei-ence to some of the testimony taken on the iiart of the 
contestant at Valdez; There was testimony offered on behalf of Judge Wick- 
^er.sham. the contestant, to the effect that the Signal Gorps boys at Valdez. 



538 


WICKP:RSHAM vs. SULZER, DEC'EASED, and GRIGSBY. 


ill the primary election a year ago last Aiiril, called for Democratic ballots^ 
ami that is evidently offered for the purpose of showing that those hoys' 
were Democrats and voted for the Democratic candidate in the electiim in 
November. 

I wish to state that at the pi-imary. election of April 30, 1018, there was no 
contest for the liepiiblican nomination; there was but one candidate for the 
Uepnblican nomination, and that was .Tudge Wickersham, and a very small 
vote was polled for him on account of the fact of there being but one candi¬ 
date, and it is a well-known fact a very large percentage of the p(‘ople who 
voted at that primary voted at the Democratic primary, I'egardiess of the 
fact (d' whether they were Ueiiiiblicans or Democrats; and the fact that a 
man cjdled foi' a Democratic ballot in the primary is no indication whatever 
that h(‘ voted for Sidzer in the election in November; the fact being that the 
Wickersham sn])porters, all over the Territory, were urged t(> go into the 
Democratic primaries and vote for iNIaloney. It was so advised on the stump 
by iNIrs. Hatcher and o})enly advocated, and in Ahildez there was a very small 
vote cast for the Kepnbli(*an (andidate in the primary. 

iMr. Wickersham alleges in i)ai'a-guai)h o of the docnnuMit known as House 
Document No. 74 of the Sixt.v-sixth (^»ngress, first session, which is made a 
l>art of his specific ground of cont('st in this proceeding, as follows: “That 
tlu‘ canvassing board of the Territory of Alaska, provided by the laws of 
(’ongress for the canvass and compilation of the returns of said election and 
authorizt'd to issue the certificate of election to the person I'eceiving the 
greatest number of legal vot(‘s thereat, was composed of the govei’iior, the 
seci'etai'y of the Territory, and the collector of customs; that each and all 
of said officers were at all such times of the opposite i)olitical party to this 
contestant and were his partisan oiiponents," That statement is not cori-ect; 
the canvassing board referred to consisted of the surveyor general, Hr. 
Charles E. Davidson; the governor. Gov. Higgs; and the acting customs col¬ 
lector, Charles Gai-field. IMr. Garfield is and always has been a Hepublican. 
Mr. Davidson was not a partisan op])onent of i\Ir. Wick('rsham, bur on(‘ of 
his supi)ortei's dui'ing the last cam])aign and at the time of canvassing the 
returns. The allegations go on: “That seeking to embarrass and delay this 
contestant in securing a promi)t and fair settlement of his rights in the 
matter (rf said office and in ascertaining the result of said election so held 
in said Territory on November 5, lOlS, the said canvassing board i)urposely 
delayed the collection of the official returns and the canvass thereof from 
month to month until April Id, 1910.” 

That statement is absolutely untrue, it is a well-known fact that the returns 
of the last election, of November .5, 1918, were not received by the canvassing 
board on time, not until about the loth of April and it was impossible for the 
canvassing board to compleie the canvass until all the returns were in. On 
account of the epidemic of Spanish influenza there was a quarantine of the 
mail at Nome, Alaska, commencing about the 1st of November and continuing 
until about the 15th of Fel)ruary ; from the time of the election until EebiaiaTy 
15, no mail was allowed to leave there sn that the returns could not h.ave been 
received, and if the canvassing board had conii)1eted the canvass without the 
receipt of the returns from Nome, Mi’. Wickersham would have lost about 290 
votes. 'Pile canvassimr board received the i-eturns from Nome on or about the 
15th day of April. They, by some mistake, were carried here fo Ketchikan or 
Seattle and returned, which made their actual receipt later than otherwise 
would have been. That was a well-known fact to anybody interested in the 
election at that time and probably well-known to .Judge Wickersham, as he was 
very much interested, and it was for his benefit that the delay was made and not 
otherwise. I myself know this of my own knowledge, every time a mail came to 
.Tuneau for two or three weeks, prior to the receipt of these returns, they made 
inquiry and I know they wore expected for two or three weeks before they 
arrived. The canvassing board was very anxious to complete the canvass but 
which they could not do until the returns were all in without disfranchising a 
very large vote, which I said before was a Wickersham vote. 

In paragraph 23, on page 21, of Document No. 74, is the allegation : “ That 
at the election held in Alaska on Novembei’ .5, 1918, a large number of ballots 
were cast for this contestant which were not counted for him by‘the election 
(tfficers in the various precincts in the Territory l)ecause of .some alleged defect 
therein; that said ballots accompany the returns from the precincts in which 
they were cast and are now included in the returns in the imssession of the gov¬ 
ernor of Alaska, at .Tuneau, Alaska; that the judges of election in every precinct 


WICKERSHAM VS. SULZER, I)E(’EASED, AND GRIGSBY. 


539 


in Alaska were apjxiinted by the various eominissioners and were almost 
generally hostile to this contestant by reason of their political opposition and 
their adherence to the Democratic Party organization.” 

Now, that allegation is not a fact, the .indges of election in the precincts out¬ 
side the incorporated towns are appointed by the United States commissioners 
and I believe that at least one of the judges according to law must he of a dif¬ 
ferent political party from the other two, and that rule was followed universally 
wherever it was possible to follow it. In the inconiorated towns the United 
States commi.ssioners have nothing to do wlmtever with the appointment of the 
election hoard; it is selected by the city council; and in the election of November 
o, 1918, practically half the votes in Alaska were cast in the Incorporated towns. 

The allegations go on to say: “ That all doubtful ballots and all doubtful 
offers to vote were decided against this contestant or in favor of his opponent, 
the said Sulzer.” That is not true; a good many doubtful challenges and 
doubtful offers to vote were decided against Mr. Sulzer by the election officers, 
and in the precincts which were outside the incorporated towns the records of 
the canvassing board show that there were jiractically as many cases where the 
decisions of the election officers were against Mr. Sulzer as where their decisions 
were against Mr. Wickersham. 

The allegation goes on to say: “ That when the returns were received for 
comi»ilation and issuance of a cnnliticate to the successful candidate by tbe can¬ 
vassing board in tbe city of Juneau, Alaska, said canvassing board began an 
inspecticm of such doubtful or ivjected ballots and thereupon found that many 
mistakes or discriminati(ms had been made against tb(‘ interests of this con- 
lestant, and the governor ('f Alaska, feaiing tlnit a full investigation of said 
ballots would discktse that enough mistakes and discriminations bad been made 
to elect this contestant, refused further to examine tbe said ballots and declared 
bis intention to stand by tlie face of the I'eturns, a snflicient portion of which 
had b(‘en i-eceived by that time to induc(‘ Idai to believe that the face of the 
returns would enable bim to issue the certiticate to tbe contestee, Sulzer; that 
this contestant alleges that a full and fair exjunination and compilation of the 
said returns and the said rejected ballots therewith and a fair consideration of 
the erroi’s and mistakes made l)y tbe various election officers will show that this 
contestant was deprived of more than 50 votes without authority of law and 
would thereby be eh'cted as Delegate and the said Sulzer defeated.” 

Now, I wisli to state that the canvassing board had commenced their canvass 
three or four days before I arrived in Juneau from Washington, where I had 
been on official business, and that in each case whei'e there was any doubt as 
to the action of the election officers in rejecting ballots a notation was made 
that tbe matter would be referred t(> tbe attorney general, and when I arrived 
in Juneau each of these cases were referred to me in writing. There were sev- 
(M*al instances in which tbe voter bad attempted to indicate bis choice in some 
other manner than by marking a cross in tbe square op])osite tbe name of the 
candidate, and almost universsilly where the voter failed to comply strictly with 
the statute, as to marking the balh)t, the judges of (Section rejected the ballot. 
When I was up in Juneau last tbe rcdurns bad been forwarded to Washington 
in accordance with Douse I’csolution No. 105, and I had no opportunit.v to ex¬ 
amine them, but I recollect that there were about 15 ballots which were marked 
irregularly and which indicated that the voter intended to vote for Mr. Sulzer; 
Ihe.v had. however, been rejected by the election judges. There were, I believe, 
10 in-egularly mark(Ml ballots, but so marked as to indicate that the voter prob¬ 
ably intended to vote for !Mr. IVickei’sham, which bad likewise been rejected by 
Ibe election judges, and before the canvass was completed, before more than a 
few of these irregularly marked ballots had been called to the attention of the 
canvassing boai-d, I was requested to give an opinion, and I advised the can¬ 
vassing board, in a<*cordance with what I believed to be tbe law and what I be¬ 
lieve to be tbe law now, that they could not correct the judgment of the election 
officers and count votes which the election officers had rejected. The following 
(►f this rule did not change the result as l)etw('en AVickersham and Sulzer to the 
extent of more than one vote. 

Now, I wish to offer in evidence. Judge, the records of the canvassing board, 
which liave been forwarded to 'Washington, to the Clerk of the House. 

Judge Wickersham. T don’t object, but join with you in that request. 

Attorney Grtosby. Including the ballots and returns and everything. 

Judge WiCKERSHA]M. I join in that request. 

Attorney Grigsby. With reference to the special election, the allegations are 
made somewhere in the contestant’s petition that the Democraic majority in 


540 AVICKERSHAM VS. SULZER, DE(n^:ASED, AND GRIGSBY. 


both houses of the lejdshitiire, together with the attorney fjeiieral, myself, pre¬ 
pared the election law under which the special ele<*tion was conducted, I wish 
to state that 1 prepared the election law myself at the r(*quest of the fiovernor, 
without assistance from anyone; that there was not a Democratic majority in 
both houses; there was a Democratic majority in thediouse; and 1 thiidv there 
were only four regularly elected Kepublicans in the house, but there were other 
menihers who were Wickersham men. However, the house was Democratic; 
had a DemcK'ratic majority. The senate, however, did not have a Democratic 
majorit.v; that is to sa.v, that four members of the senate were either Kepiib- 
licans or Wiclversham supporters. This ele<-tion law which ^Nlr. Wickersham 
allejres was pn i)ared by the Democratic majority of the legislature received the 
unanimous vote of hoth h(>uses when it was vot('<1 on for adoption, and was en¬ 
acted into law exactly as I had prepared it, without any chanite. The Aus¬ 
tralian ballot law was not made ai)plical)le to this special election for the rea¬ 
son that under the i)rovisions of the Australian ballot election law the election 
could not have been held for several months on account of the provisions in th(‘ 
law re(]uirinjt the tiling of the candidacies a certain numhei* of months before 
the election and requirinij: the distribution of the printed ballots a certain num¬ 
ber of days l)efor(' the election, so that if the Austmlian la\\ had been made ap- 
plical)le to the special election the election could not have been held for at least 
thi-ee or four months. 

The provision in the law ]»ermittin, 2 : the canvassin.e; board to receive tele 
graphic returns was likewise adopted in order to expedite the election. If the 
election had been conducted under the general election law, it would have been 
impossible to have had the election before, about the present time. There was 
no intention on the part of the legislature or anyone else in any way to 
prejudice any candidate by holding the election under the old congressional act, 
the way it had always been held, prior to the passage of the Australian ballot 
law in 191.5. 

The contestant also alleges that on account of the short notice of the elec¬ 
tion, it being called on .SO days’ notice, that a very large percentage of the 
voters in Alaska were disfranchised. That is not correct. The notice was 
sufficient, and reached all, or nearly all. the election lu-ecincts in time so that 
no voter need "be disfranchised. The vote was small because the campaign 
was short and vo]*y little interest was taken in the election on account of 
there being no Kepnhlican candidate. 

P>y Judge WicKEiasHAM (cross-eyamination of .\ttorm y Grigsby) : 

Q. At the time that act was passed by the Territorial Legislature tl'.ere were 
how many members of the Senate?—A. Eight. 

(j. And how many in the house?—A. Sixteen. 

Q. And you say in the house thei-e were four Republicans?—A. Four regularly 
elected Republicans, I believe; might have been more. 

Q. Now. in the senate there were eight members?—A. Yes. 

Q. Mr. Britt was a member?—A. Yes. 

(j. He was a Democrat?—A. Yes. 

(}. INIr. Ronan was a member?—A. Yes. 

(). And he was a Democrat?—A. Yes. 

Q. IMr. Price, he was a member?—A. Yes. 

(j. And he was a Democrat?—A. Yes. 

(^. IMr. Hess was a member?—A. \"es. 

(y And he was a Democrat?—A. Yes. 

(}. iNIr. Fi-auley was a member?—A. Yes. 

(>. And he was a Democrat?—A. No. sir. 

Q. Well, hasn't he always claimed to he a Democrat?—-A. 1 don’t think so, 
Judge. 

Q. You kiu)w he has claimed it at all times?—A. No. 

(j. AVasn't he elected in the Dtanocratic primaries?—A. Y'es. 

Q. And he claims to he a Democrat?—A. I don’t know that; I knew he is a 
Wickersham man. 

(j. You know he is unfriendly to you, politically I mean ; I don’t mean per¬ 
sonally?—A. I imagine he is. 

(j. But otherwise he claims to 1 h* a Democrat?—A. I know he ran in the 
primaries. 

As a Democrat?—A. Y<‘s ; hut I always considered Air. Frauley a AVicker- 
sham supporter. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 541 


Q. Aiul he was elected president of the senate by the Democrats?—A. By the 
Democrats and Republicans. 

Q. But all the Democrats voted for him?—A. I don’t know; he is a Wicekr- 
sham supi)orter. 

(2. So that there were tive Democrats in the senate and three Republicans? 
You stated there were four Rei)ublicans in the senate?—A. 1 believe I stated 
four were Repul)licans or W’ickersham supi)orters. 

Q. And you think Frauley was one of my supi>orters?—A. Yes; I do. 

D. In what way did lie ever supiMirt me?—A. For Delejiate to Coiif^ress. 

Q. You don't think he supporteil the Democratic ticket?—A. I don’t. ■ 

Q. You don’t think he supported Mr. Sulzer?—A. It isn't so believed by those 
who did support ]Mr. Sulzer. 

Q. But otherwise he seems to be a Democrat ?-^A. He never seemed that 
way to me; I don’t consider him such. 

Q. And you drew the bill for the purpose of calliiifi; the election held .June, 
lull), for the si>ecial election in this Territory?—A. Yes. sir. 

Q. Wasn’t it submitted to any others than you before it was introduced in 
the lejrislature?—A. Went in to the committee. i 

Q. Wasn’t it suVunitted to anyone else before it went to the committee?—A. 
No, sir. 

D. Wasn’t it submitted to one per.'ion outside'?—A. Yes; it was submitted to 
one person. 

Q. Who?—A. .Tack Hellenthal. 

Q. Wasn’t it submitted to Donohue?—A No. 

(J. Wasn’t it submitted to the governor'?—A. No, sir. 

D. Wasn’t Donohue handed a copy?—A. No, sir. 

Q. Wasn’t it approved by the governor before being introduced?—A. No, sir. 

Q. Who introduced it'?—I couldn’t say. 

Q. Well, that bill called for an immediate election, did it not?—A. The act 
took effect after it was passed by the Territorial legislature. 

Q. It permitted the Governor to call for an election immediately, did it not'?— 
A. Immediately upon the passage of the bill. 

Q. And he calletl it immediately'?—A. No; he did not. 

Q. When did he call it'?—A. I think the bill was approved on the 28th. 

Q. 28th of May—28th of April'?—A. Yes; and I am not sure whether the 
call was issued he next day or whether it was issued on the 3d of May. 

Q. It was issued just as quickly as you could get the papers ready, wasn’t 
it'?—A. My recollection isn’t clear about that. I know we published a notice 
ill the paper, the governor did, prior to the calling of the election, notifying 
the public ahead. 

Q. It was published in the Democratic paper, called the Empire, at .Juneau'?— 
A. No; all pai)ers, so that the public did have the information for a consider¬ 
able length of time? 

Q. For how long, 30 days'?—A. The actual notice was something over 40 
days. 

Q. Let me see if I understand the situation: The act was passed by the 
legislaiure and approved by the governor April 28'?—I believe that is 
correct. 

Q. And the election was held .Tune 3?—A. Yes. 

Q. That was a little over 30 days, isn’t that right'?—A. Yes. 

Q.^Vbotit 35 days from the date of the passage of the act?—A. But prior to 
the passage of the act it was aunounced that it would be called. 

Q. You had it all fixed beforehand, before the bill was i)assed?—A. There 
was authority under the law to. call the election without the passage of the 
l)ill, in case it wasn’t passed, the election would have been called anyway, so 
that the governor announced his intention to call the election some time before 
the bill was passed. 

Q. The Fnited States Statutes provide though that when such an election 
is held, or there is a call for a special election, it should be governed by the 
laws passed by Congress governing special elections?—A. It was so conducted. 

Q. I understand you provided in that bill that telegraphic returns might be 
made to the canvassing board’?—-A. From the clerks of the court. 

Q. Was that done?—A. Yes. 

Q To what extent?—A. 1 wasn’t here on election da,y or tor several days 
after election, and left here, that is .Juneau, very soon after the election, but 
i believe the clerks of the court from most divisions wired telegraphic returns 
as fast as they got them. 


542 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. That wasn’t provided for by the act of Conj^ress?—No; that doesn't 
pertain to the conduct of the election. 

Q. Now, why did yon do that, provide for telejjraphic returns?—A. So as to 
determine the result sooner; to /j;et a j)erson elected and in otiice as soon as 
possible. 

Q. And that is the reason you struck out the Australian ballot law?—A. Yes, 
sir; so as to get quick action on the situation. A special session was to be 
called in Congress when the law wa.s passed and it was realized that there 
would be no delegate representing Alaska at the special session. If the election 
had been conducted under the same provisions, that is the prerequisite and 
the method of making the returns, as the general election, we could have had 
nobody down there at Washington during the special session. . 

Q. Now, I understand thal; the governor, immediately after the passage of 
that act, issued telegraidiic notice to the clerks of the court, throughout the 
Territory and sent them telegraphic instructions generally about the provisions 
of the act?—A. I suppose he did, I <lon’t know positively about that. 

Q. You wouldn’t say positively?—A. No, I think he wired the writ. I saw 
the writ. 

Q. Did you prepare the writ?—A. Yes. 

Q. And that was wired to the clerks of the court in the four divisions of the 
Territory of Alaska, instructing them to proceed under the special election 
law’?—A. I believe it was, all except the tirst division. 

Q. And the election was to be called upon 80 days’ notice?—A. So I under¬ 
stand. 

Q. Now, what do you think?—A. Thirty days or more. 

Q. You say it was called on the 29th?—A. The 28th the bill was pa.ssed, of 
April. 

(}. And the election was called for .Tune 3, when?—A. The writ was dated 
the 28th. 

Q. The day the bill was passed?—A. The bill was passed I think prior to 
that. 

Q. No, the bill was passed on the 28th?—A. It was approved on the 28th, 
according to this coi)y you have introduced and the writ was dated the 28th. 

Q. Would you object to letting me see that, I haven’t a copy of it here, I 
thought I had?—A. This purports to be a copy of the bill. 

Q. It was printed and I put it into the record exactly as it was printed and 
distributed. This is an exact copy of what the governor issued’?—A. This is a 
notice dated .Tuneau, Alaska, April 28, 1919, and begins: “ I have to-day issued 
the following writ of election to fill vacancy in office of Delegate from Alaska ” 
and then follows the writ and signed by the governor. I prepared the writ 
and this part of it here [indicating! I didn’t. 

Q. It is a telegram?—A. It isn’t introduced as a telegram. This purports to 
be a copy of the writ as you have stated in your notice, but I don’t think the 
first sentence is a part of the writ. 

Q. I do not, it is just information from the governor with regard to what 
follows. 

Q. Now was it possible, on account of the extreme distances in this Terri¬ 
tory and the fact that a great many of the commissioners, who had to issue 
the notices in their precincts, were far away from the clerks of the court, for 
them to give notice to those commissioners so that they could give .80 days’ 
notice?—A. No 30 days’ notice was required by the commissioners. 

Q. No notice at all required by the bill?—A. The bill provides: “The United 
States commissioner in each recording district shall, upon receipt of said notice 
from the clerk of the court, at once proceed to give notice of the election by 
posting written or printed notices thereof specifying the time, place, and pur¬ 
pose of the election.” 

Q. And it was necessary to give notice?—A. No. 

Q. Don’t you think that calls for notice?—A. It wasn’t necessary to give 
30 days’ notice. 

Q. No, and .80 days’ notice was not given?—A. They gave notice as .soon as 
they could get the notices all out from the legislature and the governor. 

Q. I know but how much notice? In half of the election districts i^robably 
there wasn’t 30 days’ notice given.—A. It couldn’t have been. 

Q. I was in the office of the clerk of the court at Valdez some days after the 
3(1 day of May and they were just then preparing the notices to send to some 
of the commissioners. They had not sent them out when I came?—A. That 
might have been but they might have telephoned the notices. 


WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


543 


lUU in a many jnvcincts they didn’t liave teleRlione or telegrapli 

lines?—A. Wliere they didn’t liave any telegraph lines and telephone lines the 
pi’ohal)ility is there could not be 80 days’ notice given. 

As a matter of fact, isn’t it true that 80 days’ notice was not given in 
many of my precincts?—A. IMore than 80 days' notice was given for 'all of 
Alaska. 

(}. In all the various precincts?—A. Drohably not received in all the various 
precincts within 80 days prior to the election ; timt is very likely. 

Q. Now, after .Tune 8, when did you get your certilicate?—A. I got my certifi- 
•<‘ate about the 20111 . 

Q. It was dated \vhat?—.-V. The 14th. 

Q. It was issued by the canvassing board?—A. The 14th day. 

Q. And the election was held .Tune 8?—A. Yes. 

I>o you know how many returns from the various precincts in the Terri¬ 
tory had been actually received on the 14th day of .Tune, when your certificate 
Avas issued?—A. I low many precincts or votes? 

Q. How many precinct returns?—A. I do not. 

(,). There were considerably less than one-half of the total number of pre- 
'Cincts in the Territory tliat were not in?—A. 1 don't know that; I never looked 
ihat up, .Judge. T know this, the law provided that they could issue the 
-(‘ertificates when sufTicient returns had been I'eceived, tliat the missing returns 
could not alter the result. 

Q. How could that be ascertained until all the returns were in, Mr. Grigsby. 

By comparing the number of votes in the precincts missing with tho.se 
received, and when I was notified that the certiticate was i.ssued, I was notified 
that 1 had a majority of 980 votes. 

(^. Over Mr. .Jones?—A. And that tJie total mis.sing vote was less than tliat. 

(i. H ow could you tell about the missing vote when the returns had not 
J)een received?—A. By comparing the number of votes cast at tlie preceding 
i^lections, winch we knew, and which we knew couldn’t be as large this year, 
witli my majority. 

Isn’t that what was done?—A. I wasn’t theye. 

Q. Haven’t you been informed?—A. Never have iiifpiired about tliat. 

Isn’t this true that at the time, the day your certiticate was issued, .Tune 
14, I)ut 88 precincts had actually sent returns in to the canvassing board 
•out of tlie total in Alaska?—A. By telegraph or otherwise? 

(}. Actual returns themselves?—A. I don’t know. 

(,}. Thirty-three had been received liy the canvassing board?—A. Y^ou mean 
iictual returns from the election districts? 

Q. Y"es?—A. I don’t J^now. 

{}. And they had received telegraphic returns fi'om something like .lO 
more?—A. T never iiuiuired. 

(}. And al.so one-half the total precincts had not made any report either by 
•actual returns being receiv(Hl or by telegraph?—A. I don't know; but I know 
this, at the time I received my certiticate, if all the votes from tlie missing 
precincts, which had not lieen lieard from, neither by telegraph nor otherwise, 
Jiad Jieen counted against me T still would have been elected. 

Q. How do you know that?—A. From the telegraphic accounts. 

Q. WIio said you were elected?—A. Gov. Riggs. 

Q. How could he know?—A. From the returns. 

1). _4'he i-eturns weren't ;il] in?—A. I didn’t matter that some of the outlying 
jirecincts hadn’t been heard fi'om ; he knew how many could have been cast in 
tbe missing precincts. There could not hav(‘ lieen more votes cast in them than 
two years before. 

(}. How did he known that*'—A. That was a matter of common .sense. 

.Inst guessed at it—alxuit the size of it?—A. No, sir; and the results prob- 
•jibly bear him out. 

(}. What has been the result?—A. The vote has l»een canvassed. 

(h The returns haven't all yet come in?—A. 1 believe they are all in. They 
weren't all in when Mr. Davidson diixl. 

(}. When did he die'.^—A. 1 don't reineinber the date; sometime in .Tuly; and 
Mr. Sommers had not qualified when I left Juneau, and as the canvassing board 
consists of th(‘ three named otticials, they could not continue in the matter of 
canvassing the r(‘tni‘ns which were actually received—the returns themselves 
until ''Jr. Sommers (lualified. _ • 

Q. Aren’t there any precincts in the Territory—that election of your in 1018, 
on November 5—that haven’t made any returns at all?—A. I don’t know. 


5i4 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You don’t know wlietlior those in the north have all made tlieir returns 
yetV—A. I haven’t the sliji^htest idea. In the second division, I believe, there 
is only one niissinj;. and they didn't hold an election there. 

Q. WhyV—A. 1 don’t know. 

Q. Didn’t Jtet any notice—A. I don’t know. 

Q. Isn’t it true that in the fourth division some of the precincts didn’t jtet 
notice and didn’t hold any election’:'—A. I don’t know; I took interest in the 
second division because the returns would increase my majority. 

Q. There were just two candidates that election, and Mr. .Tones, of Ketchikan, 
was thc' other candidate’/ You say you had a coina'rsation with one of these 
witnesses who was on the stand here—Georj^e Ttooth—in your office, in your 
room in the Stedman Hotel, on Monday*/-—A. I tliiidc it was Monday. 

Q. And that at that time he told you he had lived in Metlakatka for many 
years, and was there on election day’/—A. His residence was there on election 
day. 

Q. You heard his testimony here?—A. Yes. 

Q. N(uv, all you know about these Indians at Hydaburj? rejjisterinj' is what 
some of the boys told you about?—A. They showeil their cards. 

Q. Whose cards’/—A. Those I talked with. 

Q. P>ut you didn’t call them as witnesses?—A. No. 

Q. They were here in Ketchikc.n’/—A. I didn’t think it was important. T 
know it to be a fact that they all registered; that is fjeneral information; so 
were .Taps, and Chinese, and other aliens required to register. 

Q. Now, in the primary election of April .30. 1018 you think the fact that 
a person called for and voted a Democratic ticket in the primary doesn’t prove 
that he is a Democrat’/—A. I certainly do. 

Q. Have you got in mind anybody who called for and voted a I^emocratic 
ticket in the primary who didn’t vote the I^emocratic ticket later?—A. .Tust 
while you were i)utting the question I thought of one person. 

Q. Who is that?—A. Emery A'alentine. 

(,). You think he voted Democratic at that time?—A. In that primary. 

C}. Hadn’t he been a Democrat and in sympathy with tlie Democratic party 
for many years?—A. Not that 1‘ever heard of. 

Q. Do you know who he voted for at the subsequent election?—A. Yes. 

(}. You are sure al'out that?—A. I didn’t see him vote. 

(}. And you don’t know who he voted for?—A. Yes. 

Q. How do you know it’/—A. It is hard to detine the way I know that, psy¬ 
chologically I guess; he voted for 'Wickersham. 

Q. Is that the only person you know of who did that?—A. T have heard a 
good many person’s names mentioned who did go into the Democratic primary 
and v<Red Democratic in the primary and who were Reiniblicans. 

Q. You don’t know he did?—A. It is common talk in .luneau that he did. 

.Judge WicKKKsiiAvr. I move to strike from the record this witness’ evidence 
as to what he has testitied in resp<‘ct to Emery Valentine. 

Attorney Gkigsuy. 'Wickersham men in .Tuneau and Ketchikan were urged by 
your campaigners to do that. 

Q. But you can’t name any but Emery Valentine whom you think did do 
that?—A. Not right now, if I had a list I could. 

(}. You say I receivetl but a small vote in the primary at Valdez?—A. I believe 
so. 

Q. Didn’t I receive but a small vote on election day there, too?—A. I believe 
you got more at the election than in the primaries. 

(}. Have you examined the records?—A. No, sir. 

i}. Isn’t it a fact that^-.—A. You are not on the witness stand, I am going 

to put you there after a while. 

Q. You say it is not true that the canvassing board in the 1918 election, or 
after that election was comi)osed of Democrats?—A. Not true. 

Q. Biggs was a Democrat wasn’t he, the governor?—A. Yes. 

(}. Appointed by the President of the United States, AVoodrow Wilson, and 
continued by the Democratic Senate?—A. He is a Democrat. 

(>. And the Secretary of the Territory, Air. Davidson, was a Democrat?—A. 
Had been. 

(}. M’as appointed by Woodrow Wilson and confirmed by a Democratic Sen¬ 
ate?—A. Confirmed by a Senate composed of Democrats and Republicans. 

Q. At that time a majority of them were Democrats, weren’t they? A. I said 
he was'not a partisan opponent of yours. 



WI0KERSH4M VS. SULZER, DECEASED, AND GRIGSBY. 


545 


Q. Aiul you state Mr. (Jartieltl is not a Democrat?—A. He is a well-known 
Kepiiblican. 

Q. But holds a Democratic office and has held a Democratic office for 
years?—A. I didn’t know it was a Democratic office. 

Q. Don't you think the office of collector of customs has been held by a 
Democrat since Mr. M'ilson was Bresideut?—A. He was in there a long time 
before Mr. Wilson was President. 

Q. And was retained by the Democratic l*arty, and that he has always been 
one of my political opponents?—A. Never knew that. 

Q. Don't you know that (''harle Garfield has been one of the strongest op¬ 
ponents I have had in .Tuneau?—A. Never heard that he has been your oppo¬ 
nent nor anything like that, and if he was and it was so notorious as you are 
trying to make it appear, I would have heard of it. * 

Q. It was notorious and I heard of it?—A. You are seeing things. 

Q. Now, you say the last returns were received by the canvassing board 
April 15, 1919?—A. Not earlier than the 14th. 

Q. When did Mr. .Sulzer die?—A. The 15th. 

Q. When did the certificate issue to Mr. Sulzer?—A. The 16th. 

Q. Now, the election was held November 15, 1918, and the certificate was 
issued to Mr. Sulzer April 16, 1919V—A. Yes, sir. 

Q. ''I'hat is 5 months and 11 days after the election?—A. Yes, sir. 

Q. Now, when yoii ran the election was on June 3 and the certificate was 
issued to you on June 14?—A. Yes. 

Q. That was 11 days?—A. 1 wrote that law under which 1 was elected judge; 
I didn’t write the other one. 

Q. Made a difference, didn't it?—A. Some months. 

Q. Why was there such a haste about the matter?—A. Because there was a 
vacancy in Congress in the ofti(*e of Delegate from Alaskji, and it was antici- 
l)ated there would soon be called a special session of (\)ngress. 

Q. None had been called?—A. There was none; it was to be called. 

Q. Who knew that?—A. General report; I knew it. 

(N Where did you get your infoi-imuion?—A. Newspapers. 

Q. Now, you say it is not true that the election officers in the outside precincts 
of the Territory were hostile to me?—A. Did I say that? 

Q. I so understood.—A. I said in the pre<‘incts outside the incorporated towns 
the I'l ited States commissioners ai)pointed the election officers, one of which 
must have been of the oi)posite political party, wherever possible to do so, and 
I suppose that the Democratic judges were hostile to you politically, not in a 
ma.licious sense. 

Q. But isn’t it true that they played this sort of a game on me; they ap¬ 
pointed two Democrats ho.stile to me and then ai)i)ointed Kepublicans lii:e Mr. 
Garfield, who was oitposed to me?—A. I don’t know that that was true. I 
don’t think you got any the worst of it in any precinct by any act of any election 
judge. Of course they made some mistakes on both sides, but invariably were 
very strict about the ballots, in marking of them ; they went strictly according 
to the law. 

Q. Now, when the canvassing board met after the 1918 election and began 
going over the returns they did find some ballots that had been thrown out 
by the election officers?—A. Y’'es. 

* Q. And the canvassing board, ‘for a time, began to consider them as part of 
the final result and counted them in i.r.yv ay?—xV. Yes; with the understanding 
that it wasn’t final. 

Q. And when you got back you advised them not to do that?—A. When they 
asked my opinion, 

(N Is your opinion public in your report?—A. Yes, sir. 

Q. So they then took the face of the returns and declared the result on the 
face of the returns?—A. Y^es; except to correct errors in computation or 
addition. 

Q. That the ballots there were with mistakes of some kind are not yet 
counted?—A. If the election officers rejected them, they are not yet counted. 

(j. But they are with the jtapers at Washington?—A. I suppose they are; 
undoubtedly. 

(N Now, I was not i)resent at the time when the canvass was being made?— 
A. No, sir. 

Q. But Mr. Marshall, Judge Marshall, and Mr. Kustgard were there repre¬ 
senting ine?—A. xVll the time. 

35 


151279—20 



540 


WaCKERSH AM 'vs. SIJLZER, DECEASED, AND GRIGSBY. 


Q. And if I made a statement in iny notice of contest about any matter f 
j)rol)al)ly made it from information received from them.—A. That is somethinj; 
for you to say. 

Q. I wasn’t there, certainly. Then, as a matter of fact, ^Ii‘. Grijrshy, the can¬ 
vassing- hoard has not yet made a tinal comi)ilation of all theotticial returns from 
all the various precincts in the Territory of Alaska for the S])ecial election held 
.Tune 8, 1919, has it?—A. They com])leted the otlicial canvass on the 14th (T' 
.June, on which they issued my certiticate; that was a canvass of the returns 
received hy teleiiraph. 

Q. But that was made or that was a canvass of the returns received hy tele¬ 
graph, hut the actual returns, not hy the telegraphic I’eturns?—A. And they 
found that there couhl not he enough votes from the missing i)re(*incts to change 
the result. 

Q. So they just gave you the certificate?—A. Yes; according to the law. 

(j. Now, I asked you a (piestion a moment ago which I wish you would 
answer. I asked you if the canvassing hoard of the Territory of Alaska, con¬ 
sisting of the governor, the secretary of the Territory, and the collector of 
customs had yet, at this time, October 11. 1919, oflicijilly received all of the 
official returns of all the established election precincts in the Territory of 
Alaska and had finally made a comi)ilation and canvass of them and declared 
the result? You can answer that yes or no?—A. No; I can’t answer that yes or 
no; they haven’t made any other canvass yet than the one they made in .Tune, 

I understand they expect to confirm that hy canvassing the returns themselves. 

You understand they expect yet, at sometime in the future, to finally 
canvass and compile the ollicial returns of the election of .Tune 8. 1919?—A. No; 

I didn’t say that. I understand they expect to conliian the tinal canvass that 
was made last .lune. 

Q. How are they going .to do that?—A. By recanvassing the I'eturns actually 
received. 

Q. All the returns?—A. Yes. 

Q. And the returns they received on .Tune 14, 1919?—A. By telegraph. 

Q. You know as a matter of fact not all of the returns were received by 
telegraph on that day?—A. I wasn’t there, .fudge; I should miagine they 
probably were not all received. 

At the evening session, October 11, 1919, which began at about 7.4") p. m., 
Attorney George B. Grigsby again takes the stand. 

Attorney Grigsby. I overlooked one statement I want to make. I have been 
sworn with reference to the conflict of laws as to the residence required of 
voters. T will state that the Legislature of Alaska in 1915 passed a law pre¬ 
scribing that any citizen of the United States, over the age of 21, who had been 
a resident of Alaska for a year and the judicial division in which he offered 
to vote for 80 days, was entitled to vote at all elections. The election of 1910 
was conducted under that law in all divisions and the question of illegal 
votes, on account of voters not residing in the precinct for 80 days, was never 
raised that T know of, nor in the contest which followed that election. There 
was a genei'al imderstanding that a voter was entitled to vote in any precinct 
in his division, ])rovided he had been in the division 80 days. Now, for instance, 

I was in Nome on election day in 1910, and Han Sutherland, who lived in the 
fourth division, got down to INIarshall just within the 80-day period, and as he 
was in the second division 80 days he voted at Nome. At that time there was a 
big storm on at Nome and the ]ieople from the outside precincts. Candle, (kmncil, 
Deering. Imuruk, and all over the division, who were in the habit of coming 
down to Nome in the fall of the year, got stuck there election day and voted at 
Nome, which resulted in a gain for Mr. Wickersham probably of 100 votes, 
hut on account of the general acquiescence in the law, that point was never raised 
in the contest. In this last election, 1918, in a great many election jirecincts 
it was agreed between the party managers that the Territorial law should be 
followed. There was very little challenging after that on that ground. 

Tn Cordova it is now claimed that the town of (’ordova went AVickersham 
for the reason that a great many AVickershamites from the outside precincts 
of Cordova were ]iermitted to vote in Cordova. It was agreed there, I believe, 
by tbe party managers that no challenges would be interposed on that ground, 
and there was a general sentiment thi-oughout the Territory that the Territorial 
lav: was i-ight; that a man should be permitted to vote anywhere in bis division 
11.at 1.0 hai)pens to be on election day, especiiilly since at that time of tbe 
year, the close of the mining season, is when men are more or less in transit. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 547 


I>y Judge WicKERsiiAM : 

Q. But you have given an opinion to the Governor of the Territory of Alaska 
that the law was invalid and void because it was in conflict with the organic 
act?—A. That was since the election. 

You think it is correct?—A. That was certainly my opinion when I gave it. 

Q. Y(hi say there was an {igreement at Cordova wherein everybody was 
allowed to vote; you lived in the division for 30 days; how do you know that?—• 
A. I heard it talked of. 

Q. Somebody told you?—A. 1 was there when such a stipulation was made. 

Q. On election day?—A. Yes; on election day. 

(}. When ; at what time on election day?—A. This last year; 1918. 

Q. Who made the agreement there at Cordova; who was speaking about it?— 
A. The matter was discussed between Mr. Jimmie Gallen and Deerer, Bud 
Sargent, and some others, and they agreed not to interpose any challenges on 
that ground. 

Q. They were all Democrats?—A. Mr. Gallen has always been»a Republican. 

Q. i\lr. (rallen was very much oi»posed to me at that time?—A. No; he 
wasn’t. 

He voted against me.—A. Did he? 

(}. You don’t know that Mr. Gallen is a Democrat?—A. He had always 
I)assed as a Republican. 

Q. And Mr. Gallen was mad at me?—A. Mr. Gallen was not mad at you. He 
is a Republican and was a candidate on your ticket. 

Q. When?—A. Last fall. He ran for road commissioner and supported the 
ticket. 

Q. He wasn’t working for Sulzer?—A. He was not at that time. 

(.}. You say that question was not raised in the other contest?—A. Yes; I am 
positive; I have the record here; if it was, you can easily show me if I am 
mistaken; I have no recollection of it being raised. 

Q. It wouldn’t be I'aised in that record ; it would be raised in the briefs.^— 
A. The l)riefs have to be based on the record. 

(L In the brief there is a reference to the law?—A. But there is no evidence 
in the record. 

Q. And in my briefs I said it was illegal and void, and I did what I could 
to combat it?—A. I don’t remember; I think you took the stand that the Terri¬ 
torial law had no application. There was no evidence in the case. 

Q. That is your opinion about it?—A. The record will show. 

Q. The whole record?—A. Does the record show any such testimony? 

Q. I think it does; I am talking about the briefs where the question of the 
law was raised and agreed to by the committee.—A. What votes were thrown 
out on that ground? 

Q. I haven’t the record. Don’t you know I was in Juneau on election day 
last November?—A. You said you were. 

Q. You haven’t any doubt about it?—A. I wasn’t there. 

{}. You weren’t there?—A. No; I was in Cordova. 

Q. Well, I was there and didn’t vote.—A. Well, I was there and didn’t vote. 

Q. You don’t belong to that division ?—A. I didn’t attempt to vote. 

Q. Well, I was in Juneau and didn’t attempt to vote.—A. I was in Cordova 
and I didn’t attempt to vote. 

(A I haven’t voted in any other precinct than my own since the election law 
was i)assed.—A. Neither have I, Judge. 

Attorney Gkigshy. 1 want to offer in evidence the testimony of C. E. Hibbs, 
contained on pages 324 to 331, of the volume containing the contested election 
case of James Wickersham r. Charles A. Sulzer, and the testimony of David 
Waggoner contained on pages 220 to 231 in the same volume. 

Judge Wk'kersham. As to the testimony of Waggoner I ol)ject; there has 
been full opportunity to interrogate all witnesses in these hearings and it is 
not the best evidence; you could have examined those men, and did examine 
Waggoner as a witness in yoiir behalf in Juneau recently, and I move to strike 
it out. 

Attorney Gri(;sry. We have no witnesses left over, so I suppose the hearing 
is adjourned for the present. 

Notary Winston. iSo adjourned. 

George B. Grigsry. 

Subscilbed and sworn to before me this 11 th day of October, 1919. 

[seal.] Will H. Winston, 

Notary Public, 


548 WIOKERSHAIVI VS. SULZER, DECEASED, AND GRIGSBY. 


(Testimony of C. E. Hibbs; coi)ies as follows:) 

Piirsiiaiit to a notice dated «at lyetcbikan, Alaska, on the 2d day of .Inly, 
1917, and the said notice beins attached hereto, the nmlersigned notary public 
did, at the place mentioned in the said notice, proceed to take the said depo¬ 
sitions. 

ISIr. Harvey Sellers appeared in behalf of the contestee, (diaries A. Sulzer, 
and Hon. .Tames Wickersbam appeared per se. 

The following oafli was taken by each witness: 

“ You do solemnly swear that the testimony that you are about to give in 
the matter of the contest between .Tames AVickershain, contestant, and Charles 
A. Sulzer, contestee, now iiending before the House of Representatives of the 
Congress of the United States, shall be the truth, the whole truth, and nothing 
but the truth, so help me God.” 

The following-named witnesses appeared, were sworn, and testified: C. E. 
Hibbs, :\Irs. C.,T]. Hibbs or AVinifred TTibbs, Rev. E. K. I5romley, R. .T. l‘era- 
tovicli, C. D. (dilboun, and George ITemmert. 

That the attached fiapers consisting of 44 jiages, written in long band and 
subscribed by the witnesses, is all of the testimony taken at said liearing and 
is a full and complete record of the said hearing, together with contestant’s 
Exhibit A. 

Dated at Ketchikan, Alaska, this Rlst day of .Tuly, 1917. 

[SEAL.] Will H. Winston, 

Notary Public for Alafilca. 

deposition of C. E. HIBBS. 

(). What is your name?—A. C. E. Hibbs. 

(). Are you the same party as set out as C. E. Hibbs in this subpiena?—A. 
A>s, sir. 

(). Where do you live?—A. Ivlawock, Alaska. 

(). How long have you lived there?—A. Since September, 1914. 

(}. Were you residing there at the time of the last election, 1916?—A. I was. 

(). Where is your voting precinct?—A. Craig, Alaska. 

(^. What is your occupation?—A. ITnited States Government teacher. 

Q. AMiere at?—A. Ivlawock, Alaska. 

Q. What school ?^—A. Department of the Interior, Rureau of P]ducation, over 
the native .schools. 

Q. That includes Ivlawock?—A. Yes. sir. 

Q. Were you at Craig the last election, and voted here?—A. Yes, sir. 

Q. Now. I want to know if you know tbe.se people whose names I read 
D'cadingl : “ G. W. Demmert?”—A. Yes, sir; I do, 

Q. “ Emma Demmert, Spencer Williams, George Demmert, .Tack Perotovich, 
R, .1. Perotovich, .las. Perotovich, William .Tones, .Tohn Harrow, .T. vS. .Tohnson, 
Donald Katblean, IMaxtield Daklin. Lee Anneskit, George Roberts, Hmiry 
Tioberts, George Fields, T’eter Wilson. .1. Tv. AWlliams, .Tohn Skan, Fred Williams, 
Roy AVilliams. Richard Collins, A. W. Thomas, Sam Gunyab, Arthur .Tames, 
William Gunyab, Albert Thomas. .Tames Rowen, Peter Scott, .Timmie .Tackson.” 
Do yon know all these people?—A, I do. 

Q. How long have you known them?—A, I have known all of them since 
coming to Ivlawock. 1914. 

Q, What way do you know them?—A. I have been intimately acquainted 
with them, socially, in store work, village work, church work, and every phase 
of the village work and society. 

Q. Are they natives of Alaska?—A. They consider themselves such, yes; they 
are all of them born within the Territory, I think; 

Q Can they read, write, and speak the English language?—A. Yes, they can; 
all ())! them. 

Q. Have they severed their tribal relations?—A. Yes, they have. Since I 
have been in the village of Ivlawock there has been no semlilance of any tribal 
relationship, in a village of 300. 

Q. Are they living a civilized life, same as white people?—A. Tiiey are. 

Q. Were those people here at last election, November 7, 1910?—A. We all 
came up on the same boat. 

Q. Did they vote at that election here at Craig?—A. They did not. 

(,/. Why didn’t they vote?—A. They were told by the .iudge that they would 
not be allowed to vote. 


XVICKERSHAiVI VS. SULZER, DECEASED, A^^D GRlGSB^. 549 

Q. Did they offer themselves to vote?—A. Not all of them. lliOre Were 
thiee oi foiii that went into the polls to vote and thev Were told that thev 
could not vote, so the others did lio go in. ‘ ‘ 

Q. What reasons were they given that they could not vote?—A. Because thev 
were Indians. 

Q. Do you know whether they ever voted befofe?—A. t think all of them 
have. Two years ago practically all those that were able to read and write 
in the village canu' up with mO and voted. 

Q. AMiat kind of business are these people engaged iii?—A. Do you Want me 
to give the business of each oiie individually or generalize? 

Q. here yoii can, you can group the business.—A. C. W. Demmert is a former 
merchant, at present engaged in the ftshing industry; have bought the build¬ 
ings and old cannery equipment at Kuini Islands. Emma (his wife), Spencer 
AVilliams, .lack Berotovich, .Tames Berotovich, William .Tones, -Tolin Darrow, 
George Roberts, George Fields, Beter Wilson, Roy Williams. Richard Collins, 
Sam Giniyah, ^Ddhur .lames. William Gunyah, Albert Thomas, .Tames Roweii, 
Beter Scott, .Tinimie .hicksou, Donald Tvathlean, are all fishermen. George 
Demmert is clerk and manage)* of the Ivlawock Commercial Co. R. .T. Beroto- 
vich, proprietor of general stoi*e and moving-picture establishment, J. S. John¬ 
son, boat builder. Henry Roberts, gas-boat engineer. .T. K. Wiiliams, carpenter. 
.Tohn Skan, seine maker. Andrew Thomas, boat builder and a minister. Max- 
tield Daklin, jn’opi’ietor of a pool hall, L(v Anneskit, gas-boat engineei*. Fred 
Williams has just received an honoruble discharge from the United States 
Navy, and at present fishing. 

Q. \Miat kind of government have these people at Ivlawock?—A. AVe have 
organized under the taws enacted by the legislature two years ago, allowing 
native viilages to organize, ours being the first village to incorporate under 
this law. 

Q. AVhat is the nature of your corporation and what part do the natives 
take in it?—A. It could better be answered by reading tiie enactment, but the 
substance of it is that all native villages with a population of 40 or more per¬ 
sons petitioning may receive a cliai'ter or authority for self-government whereby 
they can elect their own officers, levy and collect taxes, enforce their laws, the 
condition being that they give up ali tribal relations. 

Q. This has been done, has it?—A. It has; yes, sir. 

Q, They have a cooperative store there?—A. Yes, sir; they have. 

Q. Explain the nature of it and what part the natives have in it.—A. It is a 
store organized by the native people. They supply all of the stock, elect their 
own directors, a clerk, and manager of the stoi*e. At present the Government 
teacher is taking care of the books and doing the buying, his books being 
Jiudited once a year by a repre.-^entafive of the Bureau of Edu(*ation to see that 
everything is conducted legitimately and make it a safe investment for the 
natives. 

(j. Have you a brotherhood and a sisterhood literary society there?—A. 
There are three separate organisations. The brotherhood, a fraternal organi¬ 
zation among the men ; the sisterhood, a ladies’ organization ; the literary, an 
educational .society for the whole village. 

Q. The names of the people who were mentioned before, are they connected 
with these societies?—A. I think they are connected with one or more. 

Q. Are they connected with the cooperative store?—A. Bart of them are and 
pal't of them are not. 

Q. How do the.v live and what kind of houses do they live in?—A. Wliy, they— 
every house in the village is a frame house. They live the same as all people 
that I have been associated with. The store handies the same merchandise, 
furniture, and things that all stores handle. Bractically all sold to the native 
people. 

Q. Have they any church societies? If so. what part do these natives take 
in them?—A. They have two church organiaztions there; two chui’ch buildings, 
both buildings being owned and built by the natives themselves. The Bresby- 
terian Church has a missionary in charge of the work there. The Salvation 
Army is conducted solely by the natives themselves. 

Q. The names o*f these Indians; are they full-blooded Indians or half-breeds?' 
The names of these people, rather?—A. There are seven of them that I know* 
to be half-l)reeds. 

(F Name them.—A. C. W. Demmert, Emma Demmert, Jack Beratovich, R. J. 
Beratovicli, James I’eiatovich, William Jones, George Fields. The others ani 
Indians, or more or less mixed. 


550 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. You brought all of these people down here to vote November last?—A. No; 
I did not bring them, I came with them. They furnished the gas boat. 

Q. Were you with them before?—A. Before they came? 

c}. Were you with them the election previous to this?—A. Yes; I was. They 
furnished the boat and we all came down together. 

C^. Do they elect their own officers and are they familiar with voting—A. 
Oh, yes. 

Q. And they can all read and write the English language and are fairly 
educated?—A. They are. 

Q. Did you discuss the election with them or they with you before you came 
over—in your presence?—A. .Just previous to the time we got here. 

Q. The election of Delegate? The election of November 7, 191G?—A. Those 
things were discussed in a general way, I suppose; there was no general dis¬ 
cussion on them. The only definite general discussion on the election with the 
people of Klawock was the Sunday previous. A meeting was called in the 
Presbyterian Church on Sunday afternoon at which jNIr. Bromley—liev. Brom¬ 
ley—and myself discussed the liquor question with them. 

Q. If you know, state how they intended to vote on the Delegate question. 

(Objection by Mr. Wickersham, that it is hearsay and not possible for the 
witness to know bow an elector would vote in the booth when marking his 
ticket, and not the best evidence.) 

A. Not all of them have discussed or have talked to me, but all who have 
were favorable to Mr. Sulzer, 

Q. Can you take this list and say how many, without naming them, would 
vote for Mr. Sulzer? 

(Objection by ^Ir. Wickersham renewed.) 

A. I am positive that more than 20 would have voted for Mr. Sulzer. 

(). Do you know where these people are, and if we can get at them?—A. I 
know what cannery they are fishing for, excepting one. 

Q. Is this the hshing season?—A. It is. Tlie fishing season is right at its 
height now. 

Q. And they are all scattered and busy?—A. These are some of them that 
have been out on the fishing gi'ounds tor more than two weeks. 

Cross-examination by Mr. Wickersham: 

Q. Mr. Hibbs, with whom are you engaged?—A. The Department of the 
Interior. Bureau of E<lucation, Alaska division. 

Q. What is your official designation or title?—A. United States Government 
teacher. 

Q. When were you first employed as such in Alaska?—A. 1912. 

Q. Where were you hrst located?—A. Hydaburg, Alaska. 

ii. When did you first come to Klawock?—A. September, 1914. 

You say that Klawock is incori)orated under the act of the legislature 
approved Ai)ril 27, 1915, and entitled, “ An act to detiiie and establish the 
political status of certain native Indians within the Territory of Alaska.” I 
now show you a copy of that act and ask you if that is the act you mean?—- 
A. No, sir; this is not the act. 

(y What act did you have ivference to?—A. An act allowing certain native 
villages to organize, a synopsis of which I gave in my answer to the former 
attorney or examiner. 

Q. Do you know when that act was passed?—I do not know the exact 
date. It was passed by the legislature held in .Juneau, 191.5. I believe that 
is the date. 

Q. At the same legislature which pa.ssed this act which I showed you?— 
A. Yes. sir; at the same legislature, 

Q. Have anj’ one or more of the natives you have mentioned here to-day 
al.so conqdied or attempted to comply with the provisions of the act to detine 
and estal)lish the political status of certain native Indians within the Terri¬ 
tory of Alaska, api)roved April 27, 1915, which I mov show you? 

(Objection by Yfr. Sellers that the same is iniinaterial.) 

A. No; none of them have. 

Q. Is Klawock an old Indian village?—A. I tlnnk that it is. 

Q. How old?—A. I think more than 25 years. 

Q. How many white people live there?—A. About seven, I think, now have 
their homes there. 

Q. Who are those seven?—A. The missionary and his family are four, the 
Government teacher and his wife two; one white man married to a native 
woman. 


' WrCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 551 

Q. Under tlie law this villa.ue is controlled entirely by the natives?—A. Yes, 
sir. 

Q. Why are there not more white men there?—A. They have been moving 
out from time to time the last few years. 

Q. Are more white men permitted to come there and locate?—A. That is 
wholly np to the town council. 

Q. The town council being natives?—A. Yes, sir. 

Q. All these Klawock people, except these few you mentioned, are full- 
l)lo<Mled Alaska Indians, are they not?—A. Not all—they are full-hlood or 
breeds; they are more or less mixed. 

Q. Hut they have lived there for 20 yeai-s, as Indians, have they not?—A. A 
part of them have, within the last few years—I will say three or four years. 
Many new families have moved in and are moving in for school facilities. 

ii. The school maintained there is one known as an Indian scliool and is 
maintained by the United States, is it not?—A. It is maintained by the United 
States, hut is under the Hureau of hkhication and not under the Bureau of 
Indian Affairs. 

. C,). 1 >o you not know that no Indian school in Alaska is maintained under 
the Bureau oi Indian Affairs?—A. There is noiU‘ maintained under the 
BuiH'au of Indian Affitirs that I know of. 

Q. Weil, is it not true' that all Indian schools in Alaska, including that at 
Klawock, are maintained by the United States under the control of the Bureau 
of Education?—A. All native schools of Alaska are maintained by the Bureau 
of Education,-the Department of the Interior. 

Q. Why do you not answer the (picstion as it is asked?-—A, I think that I 
have. 

Q. I asked you if it is not true that all Indian schools in Alaska, including 
that at Klawock, are maintained by the United States under the control of the 
Bureau of Education. Won’t you please answer that (luestion? 

Mr. Sellers. I ol).ject, because I tliiiik that it is immaterial, as I think that 
the witness has already answered. 

A. ]My answer answered that perfectly, except that I used the word native 
instead of Indian, because our deitartment does not designate between the 
natives of Alaska, whether they he Indians or Eskimos. 

(^. Well, the Klawocks are. not Eskimos, are they?—A. They are not. 

Q. Then, they are Indians, are they not?—A. They are. 

Q. Now, the United States also maintains public schools outside of towns 
incoritorated by the whites, such as Juneau, Katchikaii, and the like, for the 
education of white children; is that correct?—A. They may. The Bureau of 
Education maintains the same kind of schools in the South. 

Do you or do you not know, ]Mr. Hihhs, that the United States also main¬ 
tains public schools outside of towns incorpoi-ated by the whites, such as 
Juneau, Katchikan, and the like, for the education of white children separate 
and ai)art fi’oin those maintained for the education of Indians, such as that at 
Klawock?—A. I think that they do. 

(J. Of all those people from Klawock which you have named, which one .or 
moiv of them actually offered to vote on November 7. 1910, and were you 
pre.sent and heard him ask for a ticket and demand the ri.ght to vot(‘?—A. My 
an.'^wei’ will necessarily he a little long. When the boat landed that brought 
the people from Klawock, a numher of the people from Klawock, including my- 
self, went immediately to the polls. Among these that I distinctly rememhei- 
were C. AV. Demmert, Emma Demmert, K. J. Peratovich, and John Darrow. 
I was standing near the table when C. W. Demmert sat down in the chair at 
the table to register and was told that he could not vote. A general discus¬ 
sion followed, more of the people from Klawock came in and the judges told 
me; they told 0. W. Demmei-t and all the Indians present that no Indian would 
he allowed to vote. No others went forwar.d and i>er.sonally offered themselves 
as it was entirely useless, 

(N Is there a tract of land marked off {it Klawock by order of the Goveiai- 
ment or an.v otiicial for the use of the Klawocks?—A. Theie is. 

(N How large a reserviition is it?—A. It comjirises ii small island. I should 
judg(‘ a square' mile in extent. 

(,). By wluit authority was this Indiiin rese'rvation created and wlnm?—A. It. 
is not an Indian resc'i’viition. It is not thus designated in the proclamation 
issued by AVoodrow AVilson, hut is a tract of land set aside by reepiest of the 
Bureim of E'hication for the use of the Bureau of Education and the natives 
of Alaska, and was set aside in 1913, I believe. 


552 


WTCKEllSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


(}. But it is u tract of land used exclusively for the education and homes of 
the Klawock Indians, is it not?—A. The Indians that reside at Klawock. They 
are movinj? in from Shakan, Karheen, Kake, and other villages. 

(}. Did you know the father of Jack Beratovich and the two other men of 
that name?—A. I did. 

Q. In what countiy was he horn? Italy?—A. I think he was a native of 
Austria. 

Q. Do you know whether he became a naturalized citizen of the United 
States or not?—A. I can say that I do know, for I have been told h.v good 
authority. I have never seen.his naturalization papers. I consider that a fair 
{inswer. 

(}. All you know about his having been naturalized is what some person told 
.vou, it is?—A. In the discussion of the election aftei’wards, his two sons told 
me that their father was a natui'alized citizen and that their mother had his 
papers. 

Q. Is that all that you know about it?—A. That is all that I know about it. 
Theii’ mothei* lives in the village, and I had always supposed that the papers 
could he gotten if they were wanted. 

(}. Do you know whether the papers are his first or his final pai)ers?—A. I 
do not. 

Q. Vou mentioned that six or eight of these named h.v .vou are half-breeds. 
Do .vou know whether their fathers were citizens or not?—A. Bersonall.v, I 
know th.at one of them was. The father of c. w. Demmert, who offered to 
vote, was a veteran of the Civil ^^"ar. He Just died in the State of Wash¬ 
ington in a veteran’s home, and the pa})ers were sent up and are now in an 
attorne.v's hands giving his proi)ert.v and rhe pension due to (J. W. Demmert, 

(}. Do you know anything about the citizenshi]) of any othei*s?—A. No; 

I do not. 

Q. How long were you Government school-teacb.er at Hydahurg?—A. Almost 
two years. I was assistant there. 

(}. Do you know where the H.vdahurg Indians came from? 

Mr. Selleks. I object to that as immat(‘rial. 

A. I know nothing of the Hydahurg Indians except tb.at they came from 
the villages of Howkaii and Klingtiuan. That they had asked the bureau to 
be removed to a new location. 

(^. Do you not know that either those now at Hydahurg or theii' fathers 
and mothers came from the Queen Charlotte Islands—A. I do not, I have 
been told that the Hyda Indians came from British Columbia. 

(}. That is, from Queen Charlotte Islands?—A. It may be: I do not knov.'. 

Q. Do you know that H.") or more of those British Columbia Indians voted 
for ^Ir. Sulzer at the town of Sulzer at the election last November 7?—A. I 
do not. 

(Objection to the (piestion by ]Mr. Sellers. That it is incompetent and 
immatei-ial. That we ai*e not trying the Sulzcu* vote here and has no bearing 
on this case or on this hearing.) 

•Q. Well, are you not as well accpiainted with the Hydahurg Indians an.d 
their actions in this recent election as with those at Klawock? 

(Same objection by ^Ir, Sellers.) 

A. T am not. T .spent less than two years at Hydahurg and only assistant 
teacluu- tliere. Bersonall.v I do not know a .single Hyda Imi'ii outside of the 
United States. 

(). Well, do you know when^ any of them over 21 years of age were born 
of your own knowledge? 

IMr. Sellers. I object to the question as to an.v of the natives not mentioned 
in this hearing, as it has no bearing on this hearing. 

A. I can answer that as I have answered some previously. 

(J. That somebody told you?—A. Yes; I have only been in the Territory 
tive yeai-s .so I can not swear as to an.vone born before that. 

Who challenged Demmert's vote on November 7 last?—A. Mr. Hal Gould, 
I think, was the one that old him that he could not vote. Mr. Fred Butler 
and .1. 1*. Smith were the ones who did the arguing. 

i}. Is it not true that either Butler or Smith olijected to his vote and the 
election cfficcrs sustained the objection? Is that what happened?—A. No, 
sir; Mr. Hal Gould told IMr. Demmert he could not vote, and in behalf of 
Mr. Demmert and the natives in general I asked for the reason and the argu¬ 
ment followed. Butler and Smith took active part. 


553 


WrCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. Who wore the election officers?—A. Hal Gonld, John IJndsay, J. N. Coker. 

Q. Who appointed these election officei's?—A. I do not know. 

Q. Do yon know who is coininissioner and ex officio .instice of the p(‘ace in 
the Ofaif; precinct?—A. I do. 

Q. What is his name?—A. Charles Fox. 

Q. Do yon know who appointed him?—A. Appointed hy the .srovernor, I 
think. No; he is appointed hy the district judge, not the governor. 

Q. Who is the district judge in this division who appointed him? 

Mr. Sellers, I object because it is immaterial, ami I move that all cpies- 
tions along that line he stricken because it does not make any difference 
who the judges were or who appointed them, and for the further reason that 
it has no hearing on the legality of those voting. 

A. Judge Jennings is the district judge. T do not know whether Fox re¬ 
ceived his appointment from him or previous to that, as Fox has been com¬ 
missioner since I have had anything to do with the commissioner in this 
I'erritory. 

Q. Do you not know that Judge .Tennings and Commissioner Fox and these 
election ollicers are all Democrats and friends and supporters of Wr. Sulzer?— 
A. T do not. I know that Mr. Fox is a friend of Mr. Sulzer. Mr. .Jennings I 
know nothing of whatever. 

(}. What do you know about the election officers? They are Democrats, are 
they not?—A. I think ]Mr. Coker is. The other two I do not know. I have 
never discussed politics with either of them. 

(}. Mr. Fox is a r)emocrat, is he not?—A. I think he is. 

Q. You are a Democrat, are yim not?—A. No. sir; I am independent; I do 
not affiliate with any i)arty. 

(}. Did you vote the Democratic ticket last fall? 

(Objection hy Mr. Sellers that it is incompetent.) 

A. 1 don't believe that it is necessary for me to go into my political views. 

Q. You are not ashamed of them, are you? 

Mr. Sellers. I do not think that is fair. 

A. I am not ashamed of them, hut I do not think that it is necessary. 

Q. You were a strong supporter of Mr. Sulzer, were you not?—A. Yes, sir. 

Q. Did you furnish the list of witnesses in this case?—A. I did; yes, sir. 

IMr. Sellers. I object to the enciimhering the record hy such questions. 

(J. And .vou have been very active id gathering the witnesses and presenting 
the witnesses in Mr. Sulzer's behalf, liave you not?—A. I have l)een very 
a(*tive in gathering these witnesses because I believe in the enfranchisement 
of the natives. I began this fight the next da.v after election. 

Q. lUit is it not true that you appealed to ]Mr. Sulzer’s friends for support 
and are trying to get-credit only for those natives whom you contend would 
have voted for him?—A. No, sir; that is not tiaie. 

(). Do .vou know of any of the witnesses named hy you who would have voted 
for me?—A. I do n<R. 

D. What State did .vou come from, Mr, Hihhs?—A. My native State was 
Iowa ; I spent most of my life in Kansas—more than 20 years in Kansas. 

Q. Where were you appointed from?—A. Bellevue, Wash. 

Q. Do you know of an.v money having been used in gatheiang the information 
relating to tins hearing in any way, shape, or manner?—A. I know nothing 
about it whatever. 

No jiart pf your expense has been paid?—A. No, sir. 

Q. Does the Bureau of Education permit the Government school-teachers to 
take part in partisan politics as you have? 

Mr. Sellers. I object to any question along any lines other than to the 
legality or illegality of the voters. I want my objections to run to all these 
questions, 

A. I have taken no part in party politics and ask permission of the court to 
qualify my statement, -if I may. Since I have been in Alaska the past five 
years the natives who are able to read and write and that are known to have 
iaid aside all tribal i-elations have been allowed the right of franchise. When 
the law passed two years ago allowing a certificate of citizenship to natives 
of Alaska I asked Siipt. Bejittie what effect it would have on the rights of the 
natives, and he told me that it would have none whatever; that it only allowed 
natives a proof of citizenship that they could take advantage of if they wished. 
Prior to the (dection last fall I asked Mr. Sulzer when he was through, and 
as he was instrumental with IMr. Beattie in getting this hill through he told 


554 wickersham: vs. suezer, i)E(R^ased, and grigsby. 


me the same tliinj;. I afterwards took up the matter with Supt. llawkesworth, 
and he told me that in a conversation with Mr. Wickersham, Mr. Wickersliain 
liad told him that the natives had a rijiht to vote. I came to Craijt w'.th nO’ 
thought of native votes hein^ challenged, and when they were I asked i)er- 
mission of the judges for ))ermission to swear in just one vote to make a test 
case of it. This was I’efnsed. 1 felt, then, as I do yet, that this is an in¬ 
justice to the native, and, while I have already stated that I am a friend and a 
supporter of Snlzer, I have not in any wa.v made this a personal or i)olitical 
tight. Bnt from the position that I am in and the duties devolving on me I 
hold it a sacred duty to see this fought to a finish. If the natives have not 
the right to vote, I do not want to be wasting my efforts in ti'.ving to get them 
to vote. If it is theii* privilege to vote, then I want to see it granted regardless 
of who they vote for. 

Q. AVell, if that is .vonr view, why don't you proceed in the way pointed out 
by the liOgislature of Alaska in the other act provided for their benetit, being 
the act entitled “An act to define and establish tbe political status of certain 
native Indians within the Territory of Alaska,” approved by tbe governor of 
Ala.'^ka April 27, lOlo, wbei'eby you could accomplish what you sjiy .vou waint 
witbout mixing up in partisan politics as you now ai’e?—Becau.se I do not 
believe from our Federal laws and wbat other information I am able to obtain 
tbat this is necessai’.v, and it only incurs a great anioiint of exi)ense on each 
native taking advantage of it; and, therefore, if it is not a duty in order to- 
become a citizen, then I leave the <iuestlon entirely with tbe native. 

(J. Do I understand you to soy that the officials of the Bureau of Education 
in Alaska do not intend to folbov the act <d‘ the legislature in this marter, but 
approve your course in intruding these (piestions into political fights, without 
regard to the law as passed by tbe legislature'?—A. Tbe Bureau of Education 
lias nothing to do with that part of it, and the only \va.v to get these matters 
properly settled is by going to the polls. 

Q. But .vou know, do you not, that if the native would compl.v with the act 
of the legislature mentioned he could not be prevented from voting in Alaska, 
and no objection would be made to bis vote'.-'—A. I know tbat. 1 also know 
that no law of our Territorial legislatui’e can supersede a Federal law; tber(‘- 
fore it is a matter for the native himself to decide whether he wants to ajipl.v 
for a certificate of Citizenship or not. 

(^. Then .vou think the native may disregard the act of the legislature and 
\(>le whenever he or the (iovernment school-teacher thinks he ought to do so: 
Is that your idea?—A. No, sir; not in the least. 

(}. Well, you think that you may disregard the act of the legislature, do you 
not?—A. I do not consider this a disregard of the .act of the legislature. The 
Federal law estal)lishes the political status of the native, because of the derision 
in \vhich the native is held l).v many, this law allowing him a certificate of citi¬ 
zenship is, as it reads, simply a ])roof of cifiziaiship. When he is where he is 
known personally and can ])rove bis citizenship, tlien it is not necessary. It 
is simply a privilege tbat he may accept if he waiit.s. 

Q. Do .vou advise the natives that way'?—A. I do. 

(j. You advise them they need not comply with that act of the legislature?— 
A. Yes, sir; unless they wish. I show them the advantages of it and leave it 
entirely to their judgment. 

Q. AVhy do you not advise them to obey the laws that are passed for their 
benefit, such as this one was?—A. I believe that I have answered that que.stion 
in three previous ansAvers. 

]Mr. Sellers. I object to this as incompetent and as not the i)roper cross- 
examination. 

Q. Mr. Hibbs, you wall admit that if the Indian took advantage of this act 
<*f tbe legislature and secured tbe order of the judge of the district court of 
Abiska, it would leave no doubt of his status as a citizen of th(‘ United States, 
do you?—A. Certainly I know that; but it is unnecessary, as I befoi-e said. 

Q. Then, wby do you think the legislature of Alaska passcnl and Gov. Strong 
approved that act'?—A. For the same re;l^^on that I gave a while ago, for the 
reason that those who wish to take advantage of it when they are going among 
strangers. 

Q. Suppose you should be mistaken about this, you would do the Indian a 
gi*eat injury?—A. That is the reason that I am in'this matter, so that it will 
be decided by our courts, as I want to know. 

Q. While tins witness is on tbe stand, and as a port of his cross-examination, 

I offer a print('d oificial copy of the act of legislature (‘utitled “An act to define- 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


555 


and establish the political status of certain native Indians within the Territory 
of Alaska,” approved April 27, 1915, and ask to have it tih'd, marked, and at¬ 
tached to the deposition. 

Mr. Sellers. I object to the introduction of it, for the reason that it is 
incompetent. 

Q. Mr. Ilihhs, do you not realize that if you were to advise the Indians to 
comiily with that act of the legislature it would enable each of them to have 
his status settled as a citizen judicially aud finally and save all question there¬ 
after as to the citizenship of his parents or whether he was horn in British 
Columbia, and all such questions?—A. I could not conscientiously advise 
then), because our distance from the judge and the time and cost in getting to 
the judge is so great, and as I do not believe and have been advised by good 
authority that this was not necessary. I believe that it is a matter to leave 
entirely with the native as to whether he wants to make such application 
or not. 

Q. Then why do you not do it?—A. Just as I have just answered. I think 
it is an injustice to the native. 

C. E, Hibbs. 

Subscribed and sworn to before me this 25th day of July, 1917. 

[seal.] Will H. Winston, 

Notary Puhlic for Alaska. 

Jly commission expires June 12, 1921. 

Testimony of David Waggoner copies as follows: 

This is to certify that under and pursuant to the foregoing and hereto 
attached notice of deposition. 

The deposition of David Waggoner was taken liefore the undersigned notary 
public, at his ofhce in the town of Juneau, Alaska, between the hours of 10 
o'clock a. m. and 4 p. m. on tlm (>th day of August, A. D. 1917. beginning at the 
hour of 10 o’clock: John Kustgard, Esq., a])pearing as attorney for con¬ 
testant, .Tames Wickersham ; ami ,T. A. Hellentlial and .Tolm R, Winn, Esqs,, 
appearing as attorneys for contestee, Charles A. Sulzer. 

Before the said witness, David M’aggoner, was sworn as witness on behalf 
of contestant, and before any proceedings were had, the following objection 
was made by .T. A. Hellenthal to the taking of the deposition : 

Counsel for the contestee, Charles A. Sulzer, object to the taking of testi¬ 
mony under notice served for the following reasons: 

In the first place, the notice does not give the place of I’esidence of any of 
the witnesses, and is in that regard insufficient under the statute, and for the 
further reason that under the statute five days’ notice must he given, whereas 
the notice gives hut four days’ notice. 

DEPOSITION OF DAVID WAGGONER. 

DAVID WAGGONER, a witness on behalf of the contestant, being first duly 
sworn to tell the truth, the whole truth, and nothing hut the truth, testified 
as follows: 

Direct examination by Mr. Rustgard : 

Q. State your full name, Mr. Waggoner.—A. David Waggoner. 

Q. Where do .von live?—A. .Juneau, Alaska. 

Q, How long have you lived in Juneau?—A. Since the 28th day of Sep¬ 
tember, 1914. 

Q. AVlnit is your occupation?—A. Presbyterian minister of the native mis¬ 
sions in Juneau and Douglas. 

Q. Prior to coming to .Tuneau, where did you live?—A. At Klawock, Alaska. 

Q. Whereabouts is Klawock?—A, About midway on the west coast of Prince 
of AVales Island, 

Q. How long did you reside at Klawock or in that neighborhood?—A. INIy 
home was in Klawock from about August 11, 1901, until the 2r)th of Sep¬ 
tember, 1914. 

Q. At that time and during that period you were the Presbyterian mission¬ 
ary among the Hyda Indians in that neighborhood?—A. Not all the time. Up 
until the summer of 1900 I had charge of the Thlinget Indians at Klawock 
and in tliat neighhorliood, and the Hyda Indians also from the spring of 1906 
until about September, 1914. 


556 WTOKERSHAM VS. SULZER, DECEASEt), AND GRIGSRY. 


Q. The Thliiikets nnd the Ilydas are two distinct races of Indians, speaking 
two distinct languages?—A, Yes, sir. 

Q. Are yon acquainted at Hydahnrg, Mr, Waggoner?—A. Quite generally. 

Q. What time was Hydahnrg established?—A. In the fall of 1011, hotween 
September and November. 

Q. That is an Indian Village established for flyda Indians on the Govern¬ 
ment reservation created for that purpose?—A. Tlie Indians were there prior 
to the establishing of the reservation, but the reservation was established upon 
their i-eqnest, and it was for Hydas and other natives. But the proceedings 
were under way at the time they went there in Seiitember. 

Q. The Executive order creating the reservation was not actually signed 
until after the Hydas had estaldished themselves in that place?—A. I think 
in 1912. 

Q. Blit the proceedings to have the territory segregated as an Indian reserve 
had commenced prior to the establishment of the Hydas at that place? 

Mr. Hellenthal. I make the objection that nothing in the evidence of 
these Hyda Indians can he reservecl as rebuttal testimony, and I make the 
further objection that the Hydn Settlement is not an Indian reversation but 
a mere witlidrawal of Government land for the use of the Indians by Executive 
order. If any testimony is to be adduced tending to show that this is a reser¬ 
vation, the Executive proclamation is the best evidence. 

Mr. Bttstgari). Yon may answer the (piestion. 

A. I think it had. 

Q. At the present time are there any but Hyda Indians living on that reser¬ 
vation?—A. I lielieve there are. I think there are a few Thlingets—very few— 
and a few white married men and the Government employees. 

Q. Can anybody reside on that reservation except those who have the per¬ 
mit of the Government officials? 

Mr. Hellenthal. I oliject on the ground that that is not rebuttal or the best 
evidence. 

^Ir. Rustgari). Answer the question. 

A. I think the permission is somehow arranged for through the town council. 

Q. The permission must be had through the town council?—A. Yes; that’s 
what I think. 

Q. The reservation is pi-imai’i!y in charge of the United States Bureau of 
Education? 

Mr. Hellenthal. I object on the grounds of this not being rebuttal and of 
the best evidence. 

Mr. Rustgakd. Well, the Bureau of Education built the wharf there? 

A. The natives built the wharf. 

Q. Who furnished the money?—A. The natives, 

Q. The Bureau of Education built the school?—A. The school building. 

Q. And the Uidted States Bureau of Education paid the teachers?—A, Yes, 
sir. 

Q. They do not at the village have what is known as the Territorial school 
umler the Nelson act?—A. All native schools are under the Bureau of Educa¬ 
tion, inside and outside of incorporated towns. 

There is no other school at Hydahnrg except the one operated by the 
Bui-eau of Education?—A. No, sir. 

Q. I hand you here a list of names purporting to be a certified copy of the 
registration list of the election for Delegate from Alaska, held at the precinct 
of Sulzer, Alaska, November 7. I91G, and I ask you to read from that list the 
names of such Indians as you know to be residents of Hydaburg. Read the 
names slowly enough so that ]Mrs. Burbach can get them. 

(Objection by Mr. PTellenthal, counsel for contestee, Charles A. Snlzer. on 
the ground that the testimony sought to be elicited is not rebuttal; that no 
testimony was taloen on the part of the contestee in relation to the election 
held in the precinct of Sulzer, and that there is therefore nothing to rebut. 
The objection being especially urged because the contestee would have no 
opportunity to bring witnesses to prove <)r disprove any facts in relation to 
the election in the Sulzer jirecinct; and the time for taking testimony on the 
part of the contestee having expired and there being no provision under which 
the contestee may take further testimony after the rebuttal testimony now being 
taken on the part of the contestant has been conqileted; and the further ob¬ 
jection is made to this testimony that the same is irrelevant and immaterial, 
there being no issue raised in the pleadings with reference to the validity or 
invalidity of the votes in the Sulzer precinct, and no claim made that persons 
voted who had no right to vote.) 


WICKERSHAM VS. SULZER, DECEASED, AND GRICtSRY, 557 


Mr. Rustgard. Read the names;—A. Alex Peele, George Haldane, Peter 
Nathlan, Benson SknitUka, .1. S. Bruwa, Pan! D. Morrison, Fred Grand, Charlie 
Scott, Mason Frank, Powell Charles, Thaddeus Isaacs, Matthew Scott, .Tack 
George, David Nathlan, Boyd Nakathla, Albert Nathkang, Sam Douglas, Mike 
George, lad^e Frank, Fred Wallace, Alex Yealthtatze, Robert Edenshaw, Hugh 
Rogo, Janies George, David Jason, Willie Skulthka, Edwin Scott, Alex Spoon. 
These are all that I know that live at Hydahurg. 

(It is agreed by and between counsel that the objection hereto made to the 
preceding question, with reference to the taking of testimony conceriiing the 
election at Sulzer precinct, shall go to each and all questions bearing upon that 
subject without specitically repeating the same.) 

Q. On this list is the name of Katie Nelson. Do you know who she is?—A. 
She is the wife of Harry Nelson. She is a Hyda woman, but probably Nelson 
himself lives at Sulzer. 

Q. You do not know where she lives?—A. I do not know whether in the town 
of Sulzer or Hydahurg. 

Q. She is recognized as a Hyda Indian?—A. Yes, sir. 

Q. I also ask you in regard to ^Irs. Valensolo; she is the wife of Joe Valen- 
solo. Now, is she a Hyda Indian?—A. Yes, sir. 

Q. But she used to live at Hydahurg?—A. I think not. She was marrieil and 
living with her husband prior to the establishment of Hydahurg. 

Q. Where did she live then?—A. Mostly at Howkan. 

Q. Howkan is an old Hyda village?—A. No; desertetl. 

Q. Now deserteil?—A. Yes, sir. 

Q. But until the establishment of Hydahurg, Howkan was one of the Hyda 
villages?—A. Yes, sir. 

(j. Another Hyda village was Klinquan?—A. Y"es, sir. 

Q, Hydahurg is a consolidation of these two Hyda villages?— A. Yes; with 
a few from Kasaan. 

Q. Have either of the counsel for Sulzer in this contest called upon you 
recently to ascertain what you were expected to testify to in this case?—A. No, 
sir ; that is, nothing in regard to what I should say here. 

(i. Well, what I mean is this, Mr. Waggoner: After the notice was given to 
take your deposition you were called upon by them with reference to these 
facts?—A. Yes, sir. 

Q. At that time they knew you were to be a witness?—A. Yes, sir. 

Q. And they told you they knew you were to be a witness?—A, Yes, sir. 

Q. You were called upon by Mr. Hellenthal-A. Mr. “ Sy ” Hellenthal. 

Q. Yes; he is now present in the room; and a brother and partner of .1. A. 
Hellenthal, in business?—A. I believe so. 

Q. What time did he call upon yo\i with reference to that?—A. Saturday; 
Friday—Friday evening. 

Mr. Rustgard. I think that is all. 


Cross-examination by IMr, Hellenthal: 

CN ^Ir. Waggoner, you have lived at Klawock and Hydahurg for a number of 
years?—A. Klawock has always been my home before I came to Juneau. 
Hydahurg was part of my i)arish for four years. 

Q. The two villages are neighboring villages?—A. Fifty miles apart. 

Q. lYie Alaskan natives residing in these two villages are in about the same 
state of civilization?—A. About. 

Q. You have been acquainted with them for a number of years? A. I have 
known the Thlingets at Klawock since August 11, 1001, and most of the Hydas 

since that time. . , ^ , o 

() You knew manv of these Hyda Indians before they moved to Hydahurg?— 
A. Yes, sir; because of the fact that I acted as their minister, and they also 
were visitors at the town of Klawock. 

Q. They were then residing in the neighboring villages?—A. \ou speak of 
the Hydas? 

Q. Yes.—A. They were residing at Howkan and Klinquan. 

O They had been residing in these villages ever since the white man came 
to Alaska?— A. Yes; I think so. 1 do not know when the Hydas came to 

Alaska. • , t • i 

(). It was long before the whites came.'*—A. I think so. 

O. Now, the names that you have read from the Sulzer list of Voters are all 
natVves of Alaska with whom you are quite well acquainted?—A. Yes, sir. 

O. Is it not a fact, :Mr, Waggoner, that all those men and women, while they 
are" Alaska natives, either of the whole or mixed blood, have long since severed 
their tribal relations?—A. You mean those of Hydahurg? 



558 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Yes; the names that you have read in the record.—A. The men are the 
residents of Hydahurg, hecause they liave definitely severed their connections 
with the old customs of the Hydas at the old vilhiifes. That was th(‘ rea.son 
for the founding- of the Hydaburg village. 

Q. There is no such thing as a tribal hou.se at Ilydahurg?—A. No.' 

Q. Nor at Klawock?—A. No. 

Q. The names you have read in the record are all young men who have .sev¬ 
ered their tribal connections before 1911?—A. Not all of them. There are a 
few middle-aged men who had not given up the tribal customs prior to about— 
well, a few years ago. 

Q. In 1911 most all of them gave up their tribal relations and established 
the town of Hydahurg to carry out this very purpose. All of them, when they 
took up residence in Hydahurg, had to declare that they gave up tribal rela¬ 
tions. There were a few names there that did not come in at the beginning 
of the town. They came in shortly afterwards, did they not?—A. Yes, sir. 

Q. Now the town of Hydahurg is not in any sense an Indian re.servation, 
where Indians are kept and herded as they are on reservations in the States?— 
A. No, sir. The definition of reservation is a little different in Alaska. 

(}, The town of Hydahurg consists merely of a portion of public land with¬ 
drawn with the purpose of giving the Indians ji place on wiiicli to build a model 
site?—A. And in which to develop resources on their own initiative. 

Q. The Indians of Hydahurg come and go as they please?—A. Yes, sir. 

Q. There is no Government Indian agent to regulate their affairs?—A. 
No, sir. 

Q. They live in that community just as the white people of .Tuneau live in 
the town of .Tuneau?—A. I think .so. 

Q. Have the .same liberties of coming and going?—A. As far as their move¬ 
ments are concerned ; yes. 

Q. The Government does not in anywise .seek to re.strict their movements or 
otherwise control them?—A. No, sir; not physically. 

Q. The Government has established there a school?—A. Yes, sir. 

(}. With the view of educating them? But, aside from this, the Indian man¬ 
age their affairs?—A. The Government intends to educate them in business and 
town life as w'ell as school. 

Q. All the names that you have read on the record are names of men and 
\A omen who can read and write the English language?—A. I can not tell that 
definitely. Nearly all can read and write. Tliere may he some who can not. 

Q. They can speak PInglish?—A. \"es. I have held conversations with all 
of these. 

Q. In the English language?—A. Yes. 

Q. They are living in their separate homes like white folks?—A. Yes, sir. 

Q. They have all adopted the habits of civilized life?—A. Yes, sir. 

Q. Their houses are .such as form the abodes of white men?—A. Of white 
men in the same circumstances; yes. 

Q. Some larger and some smaller?—A. Some are quite comfortable and fur- 
ni.shed very well, and some are not so well furnished. Some are about the 
average home of the poorer class of workingmen. 

Q. They have a store at Hydahurg?—A. Yes, sir. 

Q. A cooperative store?^A. \"es, sir. 

Q. The stock is owned by the Indians?—A. Nearly all. I believe provisions 
have been made for the superintendent of the school to hold a certain number 
of shares so that he may be one of the directors of the business. The stock 
is held by the natives, except one or more shares have been allowed to the 
school superintendent in order that he may be on the board of directors. 

Q. The school .superintendent purchases a certain number of shares?— 
A. I do not know that the constitution states detinitely how many shares he 
may hold. 

Q. The store is managed by the natives?—A. By the board of directors, with 
the storekeeper. 

Q. The storekeeper is one of the Hydahurg Indians?—A. Yes, sir, 

Q. xVre there no other stores at Hydahurg?—A. Yes, sir; then' were the last 
time I was there, but owned by individual natives. 

Q. Also owned by natives?—A. Yes, sir. 

(). And are conducted solely by them?—A. By each person; yes, sir. 

Q. Is it not a fact, INIr. AVaggoner, that the inhabitants at Hydabui-g and 
Klawock are intelligent fishermen and mechanics?—A. Yes, sir. 

Q. And carry on their avocation in the same manner that white men do 
under similar circumstances?—A. Y'es, sir. 


WK’KERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 559 

(■J. Is it not a fact tliat some of these men are hijthlv skilled mechanics?— 
A. Yes, sir. 

1^. On jjas boats as well as otherwise?—A. Yes; and some are boat builders, 

Q. ('arpenters?—A. Yes. 

’(,). Machinists.^ A. \es; some to a deijree—the result of their training. 

'(}. They received their training that you menti()n in the Indian schools*^— 
A. Yes. 

(}. Is it not a fact that some of these men work in the mines?—A. I think 
not, in Hydahurg or Klawock. I do not know of any of these Indians working 
in the mines. 

<>. Is it not a fact, Mr. Waggoner, that one of the young men who motlier 
resides in one of these communities, by the name of Taylor, is a commissioned 
ollicer in the Ignited States Army?-—A. Yes; so I was told by the superintendent 
•of the Indian school at Chemawa. The mother belongs at Klawock. 

Q. Is it not also a fact that one of the young natives, raised in one of these 
•communities is now serving the United States in the capacity of reciaiiling 
ollicer in the State of New York, teaching the white people of the most popul¬ 
ous city in the United States their duty as American citizens?—A. I believe so. 

Q. IMr. A\ aggoner, as an American citizen and as a man thoroughly familiar 
with the conditions in these Indian villages, do you know of any reason wiiy 
these men should not he ^'iven the laght to vote? 

]Mr. liusTGARi). I object to that as simply calling for the opinion of the 
witness a; d does not call for any statement of facts. 

Mr. IIellenthal. Question withdrawn. That is all. 

Redirect examination; 

Q. The boy that you referred to as teaching in New York; is he one of 
these voters?—A. No, sir. 

Q. What is his name?—A. Charlie Cutter; he is always known as Chief 
Kjigle Horse where he sings on the circuit. 

Q. Where was he born?—A. At Klawock. 

Q. One of the Thlinget Indians?—A. Yes, sir. 

Q. How long since he left Alaska?—A. He has been at school and on the 
lyceum circuit more than 16 years. 

Q. He has has exhibiting himself for money?—A. He has been singing. 

(}. Singing?— A. Yes, sir. 

Q. Where was the educated?—A. First at Sitka, and then at Chemawa, Oreg. 

Q. What is his special duty in New York at the present time?—A. As far 
as I know from seeing and reading the papers, he is recruiting for the Cov- 
•ernment. 

Q. For what purpose?—A. For the war. 

(J. In the Navy or Army?—A. I suppose in the Army. 

Q. You have read about that?—A. Yes. 

(y He is held out as a curiosity?—A. I suppose so. 

Q. You do not mean to say that all these natives whose names you have 
given at the present time are capable of doing the same as that native men¬ 
tioned who is in New York?—A. You mean on the list? 

Q. Yes, sir?—A. Not all, hut most of them art' equally intelligent. 

Q. You referred to the one who is a commissioned officer?—A. Yes. He is 
the sorf of William Taylor, of Wrangell. I was told he was a commissioned 
officer by the superintendent of the Chemawa school. 

Q. And the motlier a Tlilinket?—A. Yes, sir. 

(}. How long since Taylor lived in Alaska?—A. He has been going to school 
two or three years. I think he has been u]) every suminei-. 

Q. Attending at (diemawa, Oreg.?—A. Yes, sir. 

Q. You said something about these Hydas, when coming to Hydahurg, had 
to sign a statement that they would abandon tribal relations. Will you explain 
further what that was?—A. I didn’t mean to say that; if I did. I made a mis¬ 
take in saying “ sign.” They all had to give their consent to the requirements 
that are .specified in the law of 1887 in regard to the Indian citizenship; that 
they had severed the tribal relations, were observing the American marriage 
hiws and inheritance laws, and had adopted the customs and ways of civilized 
life. 

(j. Who iirovided foi' that?—^A. That was provided for in the ordinances of 
the town council, as I understand it. 

Q. This is an Indian town council?—A. Yes, sir. 


560 WICKERSHAM VS. SULZEK, DECEASED, AND GRIGSBY. 


Q. It is a c'oiiucil orj^anized iiiulor the Territorial law of Alaska. 1915?—A. 
Not at tirst. It was simply a council orpinized by themselves in 1911, and' 
then when the law of 1915 was promulgated they f(n'med the Indian organiza¬ 
tion. 

Q. That is what is known here as an “ Indian village g-overn.ment,” provided 
by the law of 1915?—A. Of 1915. 

Q. And that Indian council determined the qualifications of tlie residents of 
Hydabui-g?—A. Y>.s, sir. 

Q. And that is the council that pi-omulgated the rules which you have 
referred to?—A. Yes. 

Q. This store which you have also referred to was established undei’ the 
supervision and by the assistance of the superintendent of schools furnished 
i)y tlie Bureau of Education?—A. Yes. sir. 

Q. And was established for the purpose of training the Indians in business?— 
A. Partly so; partly as a means of saving. 

Q. In connection with this testimony I offer in evidence what purports to be 
a certified copy of the registration books of tbe last election held at Sulzer 
precinct. But l)efore I (»ffer it I wish the records to show that these pencil 
marks made in the form of check marks, to the left of the names and pencil 
writings to the right, are marks made by yourself, and not a part of the original 
list of the certified names.—A. I have made marks here [indicating!. 

Q. They are marks which were put there by youi’self?—A. All of them. 

Q. 1 simply want the ivcords to show so that there will l)e no question.—A. 
Yes, sir. 

Mr. IvT'STGAiU). I now offer this list in evidence, to be marked “ Exhibit 1.” 

Mr. Hellexthal. I make an objection to the oft'er on the ground that it is 
not rebuttal and not the best evidence, and on the further ground that it is 
not a copy of anything. That is all. 

]Mr. ItT'STCiARD. I omitted to ask you about Sam E. Thomas. Is he a Hyda?— 
A. No, sir; he is a Thlinket, 

Q. Does he reside at Hydaburg?—A. Probably resides at Sulzer. Probably 
there for work purposes. 

(y Do you know whether or not he ever resided et Hydaburg?—A. Inter¬ 
mittently. He formerly married a Hyda woman. 

Mr. Bustoaiu). That is all. 

('ross-ex;imiiiatioii by Mi*. Hellextiial ; 

(i- Keferring to the last-mentioned gentleman, Thomas, he also has abandoned 
his tribal i*elations?—A. Yes, sir. 

(>. He is living the habits of civilized life?—A. I think so. 

Q. Just a question with reference to all of these men: :Many of them are 
half-breeds and mixed blood?—A. Yes, sir. 

Q. There are few of them who are full-blooded Indians?—A. There are quite 
a number of them full blooded. 

Q. Some are full blooded and some are mixed blood?—A. Yes, sir. 

AD*. Hellexthal. That is all. 

Mr. IvUSTOAiu). That is all. 

(It is admitted by counsel foi* contestee that a duplicate copy of the hereto- 
attached notice of deiiosition was given, one to J. A. Plellentbal' and another to 
John li. Winn, in Juneau, Ala.ska, on Thui*sday, the 2d day of August. A. I>. 
1917.) 

David W’aggoxeu. 

Judge JAMES W^ICKERSHAAI duly sworn. 

l)ET»OSlTTOX OF .JAMES WICKERSHAM 

By Attorney Grigsi^y : 

Q. Judge, where were you on election day?—A. In Juneau. Alaska. 

(}. Did you vote?—A. I did not. 

(}. W’hat are you politically?—A. I am a Bepulilican. 

Q. Ih.w long have you been a Bepublicali?—A. For about dO yeai*s, 02 years. 

(i. Have you evei* been a Democrat during that time?—A. Never. 

i}. Ever i*un on a Democratic platform?—A. Never. 

(). Did you not run on a Democratic platform in the election of 1914*'’—A No * 

I did not. ’ ■ ’ 

(}. Did you not in the cami>aign of 1914 proclaim yourself to be a W'oodrow 
Wilson Democrat on the stump?—A. Never at any time or place. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


561 


Q. Never a Woodrow Wilson Democrat?—A. I liave said frequently, al tliat 
time, that I thon.ulit very hij^hly of IMr, Wilson because lie had assisted ns in 
the passage of the Alaska railroad bill. I commended him veiy highly, but 
that is as far as 1 ever went. 

Q. Didn’t you, on the stump here in Ketchikan, as well as in other places, 
state you were a Woodrow Wilson Democrat?—A..No. 

(}. A Woodrow Wilson Progressive Democrat?—A. I might have said I was a 
Progressive and approved of Woodrow Wilson’s actions in Alaska. 

Q. Hut you didn’t saj' you wei’e any kind of a Democrat?—A. Not to my recol¬ 
lection, and I thiidv I would recall if I made such a statement as that. 

Q. Judge, in your specitications of grounds of contest, you allege that the 
canvassing board, whose duty it was to compile the returns of the election of 
November 5, 1918, purposely delayed their canvass until April 1(3 in order to 
embarrass you in determining your right to the seat?—A. Yes. 

Q. What did you mean by that?—A. Well, I meant that the canvassing board 
had not Diken the active interest in gathering the returns that the previous 
canvassing board had. The previous canvassing board after the election of 
1916 had sent out telegrams to hurry things up, and did everything they could, 
apparentl.v, to get the returns in and get them corrected and get the final 
result declared as promptly as they could. And it seemed to me that can¬ 
vassing board was trying to accomplish results as soon as possible, but this 
one and Gov. Riggs seemed to be hanging back and not trying to do the work 
as rapidly as possible, and were holding back the situation generally. 

(). i^)r what purpose?—A. I told you. 

Q. You knew the returns were delayed from Nome?—A. I have since learned. 

Didn’t yon know it at the time?—A. No; I didn’t. 

(). Do you retract tliat allegation?—A. I do not. 

You know now that the returns could not have left Nome until the 15th of 
February?—A. I know because you have said so, Mr. Grigsby, and I imagine 
you are telling the fact. 

Q. You didn’t know thei'e was a quarantine of the mails out there?—A. Yes; 
I knew at Fnalakleet—I was informed this was what they did, they brought 
the mail out there and left it and then the families on the other side would get 
the mail and those people would go away and the mail itself would be carried 
on, but I am not sure that was a fact. 

(^. You didn’t know tlmt the canvassing board did wire to Nome for these 
returns?—A. No; I didn’t know that. 

Q. You were in Juneau along about that time?—A. I didn’t get to Juneau, I 
think, until three days after IVIr. Sulzer’s death. I was there just before his 
death three or four days; then I went below and was in Seattle when he died, 
and I went liack to Juneau,. 

Q. When you were up in Juneau, didn’t you hear from Dan Sutherland why 
the canvass was not completed?—A. No. 

Q. And you didn’t have the slightest idea that it was because the Nome re¬ 
turns hadn’t been received?—A. Oh, yes; I did have a slight idea, and I had 
an idea that there were probably other places in the Territory. If you remem¬ 
ber, in the election of 1916 we waited for the election returns from Nushagak 
[incomplete]. > 

Q. If you had the slightest idea why the returns were not in, why did you 
makedhat allegation that this board was purposely delaying their canvass?—A. 
I believed it was true. 

Q. Do you believe it now?—A. Well, I am inclined to believe they were not 
as active as other boards in the matter. 

(^. In what respect?^—A. You know that the 1916 election was very close, and 
I had a contest over it and I won out and I believed then and I believe now 
that they were figuring on this 1918 election so as to skin me out of the election 
again, and I believed they were holding up things and I couldn’t get any infor¬ 
mation out of Riggs or*the canvassing board. I had telegraphed them [in- 
coinplete]. 

Q. Did you, while up in Juneau, seek for information?—A. Y"es. 

Q. Did you ask Gov. Riggs?—A. My attorneys were seeking for information. 

q! pidn’t your attorneys tell you why the canvass wasn’t completed?—A. To 
some extent. 

(j. Y(ui knew they hadn’t the returns from Nome?—A. Some of them, I am 
inclined to think so. 


151279—20 


36 





WICKERSHA3I VS. SULZEB, DECEASED, AXD GRIGSBY. 

Q. So that when you uuide this allegation you knew the returns hadn’t been 
mfelve<l from >tome?—What is the date of the allegation—no; I didn’t 
know that, 

ij|. Of course, they laid been received on May 3?—A. I thought so; however, I 
believed they were holding out on me for the purpose of taking the 1918 
election, just as they trietl to do in the 1916 election. 

Q. 15ut you were up in Juneau prior to the death of Air. Sulzer?—A. Three or 
four days. 

Q. And had your attorneys there?—A. Yes. 

Q. Old you make any iiupiiries from your attorneys why the canvass had 
not been coini)Ieted?—^A. I don’t know; believe we talked about things. 

Q. I^ld you send them around to make inquiries?—A. I have made many 
inquiries from Gov. Kiggs [incomplete]. 

tj. Old you inquire about this?—A. I don’t remember [incomplete]. 

Q. If the canvass had been completed before the Nome returns were in you 
would Imve been defeated by 200 more votes, wouldn’t you, Judge?—A. I sup¬ 
posed, of course, the canvass would not be completed until the returns had all 
been received, although my faith in that respect has been greatly shaken under 
Mr. Grigsby’s bill in this last election. 

tj. Oo you think the canvassing board was at fault under the bill?—A. I 
think they were In sympathy and acted with you. 

Q. You tlon’t think they complied with the law?—A. I don’t know; I think 
the law is void. I think they took every advantage in the matter to assist you 
to put the last election over in violation of law. 

Q. You don’t think they complied with the terms of the special-election 
law?'—A. I haven’t any idea what they did; nobody knows. 

Q. You know the law allowed them to receive returns by telegraph?—A. I 
know they Issued a certiticate to you long before they had received the returns; 
more than half the returns were out. I know that from a statement made to me 
by an olliclal, which I have in my possession, by the secretary of the Territory. 

Q. The law allowed them to do that?—A. No; it didn’t allow it; jmi mean 
your law did. 

tj. 1 am talking about my law,, if you want to call it such; your Republicans 
voted for it; your friend Dan Sutherland and Mr. Heckman voted for it.—A. 

I think the record will show that Dan and Heckman voted against it. 

Q. The record doesn’t.—A. Whatever the record shows is undoubtedly cor¬ 
rect in that case. 

Q. Do you blame the canvassing board,- a board of laymen, for following out 
the provisions of that law?—A. I don’t hold any opinion about that, and it 
wouldn’t make much difference. I think they were in .with you in trying to 
get you into Congress as quickly as they could, so you could conduct this tight 
over the contest. I think that is the whole idea, George. 

Q. Don’t you think, Mr. Jones, had he been elected by the same majority I 
was, would have got his certiticate just as soon?—A. I do not; it would have 
been held up over this summer. 

Q. You know it wouldn’t?—A. I am sure'of iitr in,my own judgment; I don’t 
know it, of course. 

Q. Don’t you think they would have wanted to get Mr. Jones down there to 
tight you as quickly as me?—A. I don’t ttiiink they would; I know they wouldn’t. 
The whole thing, Mr. Grigsby, was a partisan violation of the United States 
election laws; the whole scheme was one to overturn good government in the 
Territory of Alaska for partisanism. 

Q. You know a special election had to be called on a shorter notice than a 
general election?—A. I know it does not. 

Q. Isn’t it on shorter notice in the State of Washington?—A. I don’t know. 

Q.. It Is.—A. That may be, but it is never so short that people can’t have 
notice' to get out and vote. 

Q. You say they didn’t have in this election?—A. I don’t think so. 

Q. How many precincts do you say didn’t have an election?—A. I don’t 
know; nol)ody knows, because tlu'y haven’t made a tinal canvass and compila¬ 
tion of the votes. It is your system. | Incomplete.] 

(>. You allege in your petition that it takes from four to tive months to g(*l 
the returns in after an election has been held?—A. Three to tive months’. 

tj. It took o months and 11 days at the last one?—A. Yes. 

Q. And It took over four months in 1910 election?—A. I think that is correct. 

tj. Ami according to the general election law a candidate has to tile his 
notice 00 days before election, under the Australian ballot law passed by the 
leghslat ure?—A. I am very strongly in favor of it. 


WiygfiSStf4M V§: §U{d@gfi, aM6l5A§S§, A?f8 gSt8§8¥; 


Q: ¥hai wail tl tafea §is ai- eiMlif iiiaatlis fa liald iiii aliatiaii?=4; If waitlti aat- 

Q; Haiv uiiiate aaiiiij yau iiald if?=A: if aaafii ba tiafia In iiltaiif tfafSiTiiii 

aii«af fa iat tlia i-afiiHf§ jii, ltnf tlmf i§ iia'asai sa 
tfaa'^af tbe law ®'^^*‘**** tun® nat a faasait fay vlak: 

* “* 

k.iE»rasii"Mlii'yiss“ ■" * '"** '** 

U: W^ll, i m:=A: mh 

mm)m\ Awmisl U, i§ii: wm\ i ww^h Mt- 
OE was imss^rt hy (^oiigi-^vss; iH=a¥i(t§§ ^lial ^\\m a spflai 

tig}} is jigld It shall hg ggvgiaigd m fgsiiggt \w tlig laws iiassga m §8Hifgs§ 
igvgi^miig stigli glggtimi 5 ai}d that was laeaiit ta ggvgHi shggiai glggtihiis- 

ti; V§§; s}i-;=A: Whg}}. tligi^g is ah glghtlhh to lig hgltl? it is th hg iwghied h^' 
thg laws: whgh thg glggtiQh hf :fhhg §, i§ih liJiOhihhlgW]: 

tj: Aiid It was gh¥g}a}gd Ijjt’ thg law§:=A; it was hhlj it was gefmgd h¥ thg 
glgg'tihh law wliigh ¥hM dt'gw aad whit*h vieiatgd al! the glggtihh laws [ih-- 
gghihlgfgh- 

¥hh higah as to tlig mtmi=^A: As tg hggplg ]\Mm fidtigg tg ¥8tg; 

t}: «ht thg ggjidtigt gt thg glggtigh gh glggtigh da¥ was agggfdihi tg thg glgg- 
tigh law:-=A; t dgtiht }f ¥gi-.¥ Mihgh; altlighgh I dgh^t fetgw higgh ahght it.- 

;fAMgS WlgggSSffAM: 

^}}hsgi-ihgd a}}}l swiJi-h tg hgfgi’g htg this iith daiP g? (Igtghgf? i§i§; 

Wfgg S; Wmm^; 

Nsfm PiiifiS: 

m¥mmm gg g.- g.- Agsgi^.- 

MgafitiM i-gghgggd at IM ih Uh ligtghgi- i§itl: 

M: Q: Al^lSfiN galigd ahd swgfh: 

Attgiaigg §gIgS§¥: 

ih t?tafg ¥gtig ithll haH}g?=A; f^; §: AhStih: 

(); Whgi-g dg .¥g« ii¥g: Mg; A«stifl?=A: f ii¥g ifl Mgtghifeafl: 

Q: Mgw hhi.it ha¥g i-gsidgd ih Mgtg1iifeafl?=A; Wgii i fea¥g hggh a Fgsi- 

dgt}t hgi-g ggagS: 

Q: Wgi^g ¥gtt ggg g| tlig .iwd.ggs g# giggfiith at tfeg last ©gJgfatg giggtigh, ih 
ihisif=A; f was ih thg §hagggai Mht hfggihgt: 

. ■ ■■■' ...¥g§; SiF; 

. - . __ _, Sgatfe ahd 

Mfs; .^aih itig-hagd; 

fig fm mnmim ti^g ihattgi* of adgittih^ a ?hig ihtwh thgfg with Fgfggghgg, 
fg ggtgs gf hgfgyig wwg #wa Fgsiiights gt thg §haFggai Pgiht jwggihgt 

A; Agi^- siF? thg da.¥ of oM4m: 

if: Was tiig Fhig aihahgd‘y=4; Wgih thg ihd^s taihgd thg hiattgf mf? Fgad 
g¥w ti#g iaw ti#at was ihhtiisiigd oo thg giggtigh hgghS; thg fgfistgf,’ ahd wg 
fh##t igashgg-h as tiiggg wwg twg h#ws that afetgd thg Sfthatigh; 0 ¥ 


dg^-idgd that ihashhh-h as tiigFg wwg twg laws that a^^gtgd thg sithatigh,- gF 
Fathw tiigF' om4u4o% wg thadg hg //hF hdhds that wg wghid ha^g tg ahidg W 
000 m- thg'^diigFv FWddh't m hagha^aFd ih tiig hiattgF aad thg gah^assgd 


tiig tidh# g¥w- oiooo^ thgihsgifgs ahd ^iggidgd tg staiat oo thg law that aiigwgd 
a gws^a# fo wdg if i?g had hom a Fgsidght ih Aiasha a aad da^^s fh thg' 
diVishaa . , , ^ 

tj; Ahd a ggfSi'ai g^wid Fgtg.ih whatg^w gFggihgt hg was ?h; la hfs divisf^aH— 
A; s^g igaa as hg Fg.aistgFgd tF^aa thg iyaggaa-t hg hgi^ai^d ia,' wg ahawgd idat 
thg Fiaid tg Fvag; aad ootm that imk oikmod FvdgFs tg gvdg; 

th .4s mi wgfg agfiaa as iadag of oioofm^. dat ,^>ai ooiwo aa.g hg>dyfg‘ 
wd?a,a at'td#aFggai ihdat witg wgFg aat Fgsidgats of tihaFgaa# h^dat hFggiagf*/— 
4 . 

ti- }gVatid foo haiag ffoto Fv/hF hagwigdia' of thota' wtadhgF w aw ihg'>''. wafg 
Hif 'of gag agiitigai ooiojiMmo /.t trahy-. v.- tinW \swg of r.ath avdha-a'r gyaa-; 
ahg^iWrSj that is,- satag of fhga?? t satdy/ysg thgg gg^gd hoiii wa.gst f didad jggh. 
at thgiF haihds,- (4 avatFsg, thga i i^oow h/ax^ ttygv hdt ahv»at thg aan't fg’F; iS'gatg, 
of fimn gv/tgd tw* Mf.- Mm- mi saaag (4' ffmo wag'd M ift- WdghgFShaaa 
tg tdtygyNvfsg' tttg'g gwg htttfWa fg gvyh as WiahgFshattt w ^ai^g‘F satdtgFtgFSf— 

4, 4>;^, 


564 WrCKEESHAM vs. SULZER, DECEASED, AND GRIGSBY. 


(}. And there was no challenjiing on tliat jjronnd?—A. N >t on that si’onnd. 

Q. I>ec'anse a j)erson hadn’t lived in the preeinct 80 days iniinediately prior 
to the eleetionV—A. No; no challenjiin^; on that .ground, 

(>. Do you renieniher the 1916 election, jNIr. Austin?—A. 1916 election; yes; 
three years ajio. 

(>. You took an active i)art in that electi<ui as a citizen?—A. I did. 

(^. Do yon know whether or not that point was raised a^jainst any voter 
at Charcoal Point or Ketchikan in 1916?—A. No; I was jndse of election in 
the 1916 election. 

Yon state that in the 1916 election the Territorial law pennittinj; a man 
to vote in any precinct in his division was followed?—A. It was at Charcoal 
Point precinct. 

Q. And what was yonr nnderstandins about it having been followed else¬ 
where?—A. After that election 1 voted in Jnnean, iny.self, at the spring election 
for a member of the legislature. I voted in .Innean; I hapi)ened to he in 
Jnnean on election day and I registered from Ketchikan. No question was 
raised then. 

Q. In the 1916 election did yon ever hear of that question being raised any¬ 
where?—A. No; I did not. 

Q. INIr. Austin, what is yonr politics?—A. 1 am a Democrat. 

(}. How long have yon been a Democrat?—A. All my life. 

Do yon remember the Delegate campaign in 1914?—A. I do. 

Q. Did yon take any part in that campaign?—A. I did. 

(}. .Inst state what activity yon displayed in that campaign, prior to the cam¬ 
paign, did yon take any part in any couveiitiou?—A. l’’es. 

(i. What couventioM?—A. Democratic convention held at Valdez. 

Q. What did yon have to do with that convention ; what office did yon hold ?— 
A. I was elected from this division as one of the delegates to the Territorial 
Convention held at Valdez, and.I attended the convention. I carried the proxy 
with me for the delegates from the tirst division; nobody else attended bnt me 
from this division. 

Q. Who was the chairman of that convention?—A. The temporary chairman 
was John Frame. 

Q. Permanent chairman?—A. The permanent chairman was myself. 

Q. And yon adopted a platform at that convention?—A. We did. 

Q. Did you nominate a candidate for Delegate to Congress?—A. We did. 

Q. Who was the candidate?—A. Judge Wickersham. 

Q. The contestant in this contest?—A. Yes. 

Q. After that nomination and before the election, did you have any con¬ 
versation with James Wickersham with reference to whether or not he stood 
upon the platform that you had adopted at that convention?—A. Yes. 

Q. Where was that conversation?—A. Here in Ketchikan. 

Q. About what time?—A. Well, I don’t know as I can give the date; I know 
we held a rally here and the judge spoke here in Ketchikjin; spoke in the 
campaign. ^ 

Q. Did you ever talk with him prior to the rally?—A. Yes. 

Q. Will you state what the conversation was?—A. Well, I had a conversa¬ 
tion the morning before the meeting was held, with Judge Wickersham, and 
I asked him if he had .seen a copy of the platform that we had adopted and 
he said he had, and I asked him how he stood on that platform, whether lie 
was satisfied with the platform and was willing to run on it, and he .said he 
was entirely pleased with it; that it suited him as well as any platform he 
could have written himself. And we talked the matter over for probably 15 
or 20 minutes. That conversation occurred on Mission Street. We met by 
appointment in the Kevilla Hotel and walked down Mission Street and back 
and talked the matter over, and it was my purpose, at least, to find out just 
how the judge stood; the committee didn’t know. I had made the nomi¬ 
nation, and the rest of the committee had notified me that before the cam¬ 
paign was opened to have a talk with the judge and see how he liked the 
platform and whether he would stand on that platform. 

Q. Did you have a conversation with him with regard to how he liked the 
platform?—A. I did. 

Q. In that conversation did you have any talk with reference to whether or 
not he considered himself a Democrat?—A. Yes. 

Q. What, if anything, did he say in that regard?—A. He said he would 
stand squarely on the platform. I asked him what attitude he would take in 
Ids speech, and I wanted to know what he would say in his speech, and he 


WiCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


565 


said he would stand squarely on that platform, and he acknowledged himself— 
he said he was a Ih-ogressive Democrat. 

Q. What was your object in wanting to know that before the rally?—A. 
Well, it was very obvious what the reason was; we wanted to know because 
we had nominated him without his knowing what the platform was. We 
hadn’t l)een advised; we never heard from the judge just how satisfied he 
was with the i)latform, and we wanted to know how it pleased him and 
what his attitude would 'be, and that was the reason for my conversation 
with him. 

Q. \\ as that conversation the day before the meeting?—A. Morning before 
the evening meeting. 

Q. You liad a meeting that night?—A. We had it at the Ked Men’s Hall. 

Q. Were you on the stage?—A. I was. 

Q. Did Judge Wickersham speak?—A. He did. 

Q. What did he say, if anything, with respect to his being a I>emocrat’?— 
A. He read over the platform to the audience and commented on each plank 
of it, and as he read it over, plank by plank, he said that he stood squarely 
on'each plank of that platform, and when he reached the plank with regard to 
Woodrow Wilson he read that ov.er and commented on it and said that it 
suited him to a T and tlnjt he was a Wilson Democrat and supporter of all 
the principles that Wilson had announced in his politics for Alaska, and 
that he was pleased the administration had taken that broad view of Alaska 
and Alaskan legislation. I can’t repeat or begin to repat the exact words, but 
that was the .sentiment that the judge expressed at the meeting. 

Q. Did he say in so many words that*he was a Wilson Democrat?—A. He 
said Progressive Democrat. 

Q. Wilson l*rogressive Democrat?—A. Y’^es, sir. 

Q. 1 will .show you this paper Mr. Austin and ask is that the platform you 
refer to?—A. That is the platform adopted at Ahildez by the Progre.ssiv€ 
Democratic convention held on July 80, 1914. 

Q. And this is the .same platform he had there that night, the planks of 
which he read?—A. YVs; the platform he read over to the audience, that was 
used as a campaign document and was sent out all over the Territory. 

(j. M'as this one plank read to the audience: “That we indorse the admin¬ 
istration of President Wilson and hereby expre.ss our extreme gratification for 
his interest in the enactment of legislation for the relief of Alaska, and our 
appreciation of his valuable assistance to our Delegate in his faithful work 
for Alaska’s best interests.”—A. Yes; he read that plank. 

Q. And did he state he stood on that plank?—A. He did. 

Q. Now, you say the platform was circulated generally throughout the 
Teri-itory, copies like this?—A. Y’es. 

Q. Did you ever bear or read, during that campaign, of James Wickersham 
rei)udiating that platform?—A. I did not, at no time. 

Q. You were in fact virtually the Wickersham campaign manager in this 
vicinity, weren’t you, :\Ir. Austin?—A. I can’t assume anything like that; I 
was an active worker for .Judge AVickersham, generally an active worker. I 
was on the committee from tlie first division ; that is, chairman of the com¬ 
mittee from the tir.st division and a member of the Territorial Committee 
of tbfe Progressive Democratic Party; therefore, of course, a great many 
matters relating to the campaign were referred to me for action. 

Q. Do you remember this quotation from the Fairbanks Citizen, in that 
platform, under the picture of James Wickersham: “There is no other man in 
the Territory who is in as good a position to help Alaska in Congress as is 
Mr. Wickersham, for that reason the Democrats would have no chance to re¬ 
place him with any other man and bis becoming a Democrat gives that part.v 
in Alaska its only chance to elect a Delegate to Congress.” Fairbanks Citizen, 
March 9, 1914.—A. Yen ] that was read over there. 

(}. Now, your convention was in .Inly?—A. Y'es. 

O. At the time you nominated Mr. AA'ickerslnim for the candidate for I)ele- 
gate to Congre.ss, had you received any information as to his claiming to be 
a Democrat?—A. No, sir. 

Q. You had not?—A. I had not. , ^ 

Q. YTni hadn’t read that Fairbanks paper?—A. No; at that time, that was 
printed after the convention was held, and, of course, that was inserted 
because it was thought good campaign matter. 

Q. Was this printed here? [Indicating the platform.]—A. No; printed m 

Valdez. 


§60 ¥^: Am §ftf§§S¥: 


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wwm hw- yiv^mto ttoM-y-^ ivy tt ptiti^ \m fy-i^to§ 

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Mw itwv^^■•^it^ m\\\^ \m\ fivy ^ttopy-t w\ w\\ tiym, i=!i tottf y' 

Am'i to\y-. 

y. y<i\w \\m\ ftm Awwmi to tPt mysmWm y-^Att \wM-W wP\\tV=4-. >to-- 
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y. P^titV’t ¥h\m-x- yitPttitt^ ^^4-. ^s>, \wv, Mw 

y ywy\i Mty ^wMApy wtoiP^i \t# wf \m tMwto^toViv. Wiw \m\S\^ 
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WBCivEKSHA^l VS- SULZEK, DETEASEILJ, JVSJB OKE^iSEY- 1^67 


r\«>w„ ((l»o> y(o*m kimtotw ttBusatt nmi 111M12, wBum I 1 wsm Heated ay^ a 

gres?snv<e*?—A. Ye#; I ttBumk yeoman wem. 

Q_ I*^«^e#siTe ISto^wraiDxflnwiiD)?—YesL 

Q- r*H)t yeotfln kmieoiw att ttJliiatt ttfimiue 1 mcirfTe^ a wiry itete^aaitt firvum 

K(OiK>t#eTeDt„ B))y llelke?g.TraB))Ihi‘J—A- 1 dfiedl mko/tl lkini<o>w- 

Ajiih(B *lfino»iiim tllhie mattSeomitaiD I^irtoifgiefotfflw (C‘t()«anmimiilttee? Yeomm toikow tttoait?— 

A« 

Q- Y'erai itMimlk I tt( 0 »M yeornm 11 wiai* a I>imiuioi(e3i'.aitt?—-A. Ye#; a ]l**B»)(;¥ire#aiiw IDtesawi*' 
—ai WnltHiotim l,»<ieimu(0i(£ir5ailt- 

Q- i»n((llim"tt E .pB#tt «ii]im)B)»Dy *aiy ttlkaifl I wat# ai —A I aumu ponsfittfrye 

albKOfliilt Itlhiaifl.. 

<Q»- Aire yeorai; wfluy aine yeoirai BMowiEfi^e ailbKomoitt tllhuaiE'J—A ISeeaiWMe fit waw ftecltaififfiilly 
mikailt E wiaimiEedl t(o» lkm»io»w.. 

Q- Ett wiat# .pa#tt ai pBwaifle (wmuwiisiaittftoinu IbitHtweeni yoam auiiKEl lawe’^—A Ye#,, 

AmKdl .'?(oam :aiire ^ni^in^ttlliK^inKewIi fiim ttlkaHt IbeoHlikrf’ Ibey Itlbie IJ’aifttt Efiiwitt I IbuattEl Ibeem a 
Finoi^e#Mi\5e iinu umiqpiQiioffltl cotf Mb:. lK(oioHHew®'l)tt‘2?—A. ]^<o);; E waisanr'tt sitwi^wijgailbie^ fty ttlbiaiJt 
att aillE; E Ibnaew pomn lbia«dl Ibn-eimi ai E’^wj^iif^HMi^^e;; (dbaiimuiieEl yoamrsHdltf at# (omae. 

Amdl yeorai Ibmiew aitt ttlkaitt ttiiimie nlkaitt ttllMve wat# ai Bi^',^ttwlljaur‘ B->\«iniio«Baittiicr (^lawiKElficllatlte 
nmi ttfluii# Teiniuttiow:??;^—A Ye#;; B ^41 Ikuuow fit;; (tewttjaifiinilly E (Bfikdl. 

Qi. AmKdl .'^'(orai Ihtaiw Ibeem \^eiiy mimiuidlii (OjpipioHHfidl tt( 0 > umite' sHimKte?!^—A. 35vio).. 

% Yeomn ^^^m^pl])l 0 llI 1 tedl iimie iinu TEMt© aimidl TlIMS*?—A. 3^(0);; E (41ii(dlmi"tl satiij>\}uiooTt 

((ju.. flim ttibn^' HIEJES' telledtikoni .yeoinii wmie (Oini^ »otf tUliw' jjmadteta}# aitt ((!lhi:aui«iow41 fl*’(Oiiimitt?!i—A. 
Ye#>, #ain:. 

C(^.. AmKdl .Yioaoi jpifBiMiiittttedl ewaiylbKondly thw ^(otte ttlhifiie ^♦mwiiaillll\v wllmot sHaiikdl ttllurt^' HiWKdl 
nuefmi iim) ttHie (dliiwimKoiiu iSiOl (dbai.y#?.*'—A. Ye*>, Htiiii;. 

W(dll]„ iiuom«r„ (dlo) ycooi Ikmnow liioiwr tttb^y 'wcoitleLdl ttHaaiie?—A. I tdlioiiu”lt IkwoNvv llnow flUuiay' 
\no(teidl;; n (41iii41mi''tt Uoioik laitt ttlluein' Ibuillllioiftsfi. 

iSo* ttliw* ipeojpilk* \wtkKo» «aiim«“ tt<0) \^<oi(te tfliK^iitf;, yoaw jjiud^,, wt«ie i]nr\^' tftilwttudVs uoaKdl Mb:, 
IStnlbMMi’i# ttiiikMiKdl#?.'^—A. Ye#, usiu:. 

C(it. ITwo) yioau ttiliiimilk Mb:. tS^iilbiwi' wott^idl ffiou' mw'?/—A. E aoiu snadtiHilwidl Hie (dfikdluf'tt. 

(Q^. Yeoau .'waiiidl Ike x^iottedl,, Mb:, likiilksiaii''?/—A. tt B«MwmMibey .'Keein^^: Ikdimi;; E ttlkdindk Ikie 
(iEidl;; E (dloniU Ibmoiwr.. 

«il. IDnoml .’^wui’ IbiiioMr ;a ^gneatt imaur^^ ipeoipile waime Ikiuttie anaadl ttuliefdl tbo* viioitle iiia 
JKidttdkiulbauii (om ttiktaitt (dlay aoiKdl wttue BettiiMedl Eiaa' .sHome aeaMB»iii„ aiMdl ttlkieii wxmatt (owitt 
tt«» (CliiaBweoiall IPtoiiiiitt auiidl \^iottedl?.^—A- ^>;; E (dEidbi'U toiKow^ ttlktalt. 

Ql. IDiiidhi'E ytoni Eauow MIb:. ^l^iilkM^r aitltteiiiptleLdl tt(«> Ikiwie??—A. E (ftidhrtt feanoNW 

ttiltat iiiiittull laUtUMi- ttUw' (flledlikoui;; E ami Hnwie («tf ttlktatt;; E (dfikdlurit IfenKow' adt ttlkuitt tttiuie. 
Y(*ui Eauow mow a gaieatt imaHity ipeojjik' (dlkdl tEkuilt??—A. E IkieaiBdl si«. 

CQ[l. WlliHimxttM- ttlkny e««ilk4lii’E tEkwiia- iiii lia^iie ttlka^v wm«u 1 (♦uitl (CHuiUEtmiE 

fftmittV.-'—A. E lkia\w UeaBidl HHimte;; tflle .jiiuikpftJ# lk«<E !»»•> wvar\v otf Ifenuwiiii^j;;; ttHtt^v 
Ikinnat^dlE tElwHe* iiii ttlkMue,, aaidl ttlkw.v w*fkf(il iiE tlHwy enoaie wiittHiiia tflVe (iiualEilli- 

cflattii«ii>#;; aaiidl ttlke Diia«ttii(e wat# E(*lDi»ww4I ttUudt ttliie^' ue^kEfeaiedl tOke [HifflJiikktE 

ttikMj^v Iliweil iiii,, jianfl we ailllli*ww(4l Itiiumi tli*> 

EnaiiE iitt tiBiie ttlluitt <♦111 tEie (dludtiiKiii lki»»*il5f: aaull ttiuam*dS«i.'# tIHuitl .\Mnw liurtl ttikine 
ttlhHie were ui»>Hittii\w iiiM<tBUKttik*iiHH flufniii tflle ip^MMiiiiMi' stttattjiijf: ttlle (|aauillitfeattik*u># (♦ff 
wattHB#?'—A. Hdii;. 

EwifE iitt ttBiiie tEitatt iit wtanK (kiii ailll Diiiiikt^iil niuitEt^ir tfliuitt wans ukhwE aikiE iini 
]}iKl]iii|^' l}lhi(e# iiu rtllii+; Tlkimiirtim:^;, tEie sHinie iiiiHKEiiuUEkmKs wlitEli Betfeiiwkiw tti) EHe 
(yiialUttiBaitEk»iiMK (kE wutleB#, fliMniii Elku* —A. tJiB»mi ttlle jikuwimir;; lUte 

iimiie watwiiE rt») iitt;; Ikult tElttiie wtit# at (tff tEle w*tflini^ Uawfjs (UU tflle 

wEtttlEjMii umaieiiiiill;; tElmtt ii#, cme Ihiw HHiikll ai wvnilUl He <jiiHilii^tl ill’ lie liuktl 

lktt«aii ai iietiiiknE m .Aj^eioi- iiii tEle ^lk^IBlirt♦M^v amil .‘Sk (lii|\\F# ihi iflle iniwsluuE inEkur tti> 
ttllM(tlii»iii lie \w*uilll lie (dlifiiilk* tt*) w»ttt#, aiutl tEie (♦tfller limw i$iniitl E .\E*iwr iivi tEle Hkie 
uilt*!®’ auiil ‘M) (tkRV# iiii tllie (llMikiiMii tfllutt tElwxv ’\\wiie (diwllite tt*> wittt;. 

. IDirfliiE Mi»kw att tEiutt ttiiiie tElutt Mu:. ((riE^^»^i^^' Umtl giKwiii am (♦Diiiikmi tt*) tEUv 
j 3 #xwaBiiiu* tEiutt ai uttiwuii wae uutt tdiifiiilbe ttu w»rte imiks'«< lie llmtl lieaii .‘Ek iiu 
tEie i}U(eiiii(tt'.'^f-A. n (Uiiliitt Muxw;; tEiuue wtie iiutflliiiig (uu anKV eietflinu muttuEiitl 
tfllutt imilkattuil aiiKvtflliii^;- <♦£!■ tfllutt Itdiutl. 

(ClJ. xwaii Iktt e\ei,\Elu»lKv wlhu lludl litetii iin tflie (UKEkiiuu Sk) —A. We 

(«uiiUliitt <*U>Mmwliutflli liiivw#;; \w (Uilliitt ^wllltt ttu (UktEiaiuElike aii^Eiurtb^v. 

(Q;!. !!»♦) .\tum uenimiliBai- (Eteuise ^ia: Eiiumi HE^^dllii^Ul^eV^‘—A. E uenwulier tflleie wae 
ill mum lifi^' tfllutt miinu:. 

CQJ. All nidliim??—A. II tflliiilfe swi. 

(0). lEm .\vuu nenHinllttii- wliutfllmi- lie ^Wlbs «lluilkii||tHU‘2^—A. AVllflluukii,', E 

tfliihlfc. 

(0), Aitll . 4 ^w»iite iin liie Witte??—A. Yk5#,^dii:. 




568 


WJ('KERSHAM V8. SULZER, DECEASED, AND GRIGSBY. 


Q. And yon administered the oath to him?—A. I did. 

Q. And lie swore tliat lie had lived in that precinct 30 days prior to election?— 
A. Charcoal Point? 

Q. Yes.—A. I don’t remember. 

(}. Do yon know the form of the oath yon administered to everyone^who was 
challenjjed?—A. Yes, sir. 

(}. Yon knew he hadn't been a resident of Charcoal Point 30 days?—A. He 
rejristei'ed from Snlzer. 

Q. Why did yon let him commit perjury?—A. I wasn’t there to protect him; 
he onjtht to know what he was doin.i?. 

Q. He was an Indian?—A. Yes. 

Q. Fi-om Hydahnrjr?—A. I don't know, Hydahnrj; or Snlzer—somewhere on 
the west coast. I read over the alVidavit to him—the challenge before he signed 
it—and he signed it. 

Q. And swore to it before yon?—A. Yes. 

Q. And yon at that time knew he wasn’t a resident of that precinct?—A. Yes; 
certainly I did. 

(}. And yon sa.v that I told yon I was a Democrat?—A. Yes. 

(„). Were there any other people who were challenged and took the oath that 
day except George Nix?—A, I think there was; I am not positive about it. 

Q. Can't yon rememher any one of them? Did Van Maverii vote there that 
day and register from .Tnnean?—A. Yes. 

Q. He wasn’t challenged?—A. No. 

Q. Did young Heath vote?—A. Which one. 

Q. INIention the names of those hoys.—A. One of them is Frank, one of them 
is Bert. 

Q. It is Bert; did Bert vote there?—A. I conldn’t say whether he did or not. 

Q. His father says he did?—A. Po.ssihly he did, more than likely he did; 1 
don’t rememher. 

Q. You knew he had just come from British Colnmhia, didn't yon?—A. No; T 
didn’t. 

Q. Yon didn’t know* that?—A. No; I didn’t know he had been in British 
Columbia. 

Q. Yon knew he had been gone for a long time?—A. I knew he hadn’t been 
here for some time; yes. 

By Attorney Grigsby ; 

Q. Mr. Austin, the Democratic convention of which yon were chairman, yon 
and the rest of the members of the convention considered that the regular bi'anch 
of the party?—A. We considered it was the Democratic convention and called it 
that—the Ih-ogressive Democratic convention. 

Q. Yon claimed to be the real Democrats?—A. Yes; claimed to be the real 
Democrats. 

Q. And if the administration afterwards recognized Mr. Bunnell as represent¬ 
ing the regular branch of the party, that wasn’t yonr fault?—A. No; not at all. 
We tried hard enough to beat it. 

E. C. Ai'sttx. 

Subscribed and sworn to before me this 11th day of Dctober, 1910. 

[seal.] Will H. Winston, 

Notary Puhlic. 

DEPOSITION of mark WILLIA^SIS. 

Hearings continued October 13, 1919, 3.30 p. m. 

MARK WILLIAMS called and sworn. 

By Attorney Grigsby : • . 

Q. What is yonr name?—A. IMark Williams. 

(L Where do yon live, Mark?—A. Here in Ketchikan. 

Q. Did yon ever live in Saxman?—A. Yes; I live at Saxman. 

Q. Do yon live at Saxman now?—A. Yes; now. 

Q, Yonr home is in Saxman?—A. Yes. 

Q. That is how far from Ketchikan?—A. About 3 miles. 

Q. Did yon live in Saxman last November at the time of the election?—A. 
Yes; I live in Saxman last November. 

Q. Did you vote at the election last November?—A. Yes; I vote last Novem¬ 
ber, sometime last year. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


569 


Q. Where did you vote?—A. Up at Charcoal Point, 

Q. And for wlioin did you vote for Delegate to Congress?—A. I vote for 
Wiekershain. 

Q. Yon are a native?—A. Yes, sir. 

Q. Thlinket?—A. Yes, sir, * 

Q. Yh)ii live in the Indian town of Saxinan?—A. Yes, sir. 

(}. Do yon know what oRice Mr. Wickersliain was running for?—A. Only I 
think Wickersliain all idght, white fellows talk about it on the street, when I 
pass I hear, listen, once in a while. 

Q. Who did j"Ou hear talking about it?—A, White fellows. 

Q. Who? What is the name of the white man?—A. I don't ask their name; 

I just heard that. 

Q. Did any white man tell you to go and vote?—A. I see most Indians go. so 
I had to go. 

Q, Did any white man tell you, for you to go and vote?—A. Nobody, hut I 
see Indians go; see. 

Cross-examination by Judge AVickersham : 

Q. Where were you horn, ]\Iark?^—^A. Kasaan, my idea I belong to Kasaan. 

Q. How did you come to he in Charcoal Point on that day?—A. The time 
I was in here I should stay here about 30 days before I come in here been all 
right, and I come from Saxman, and it is different, so they sent me up Char¬ 
coal Point. 

Q. AVho sent you up there?—A. Those fellows sitting in this house; they 
send me up. 

Q. AVho was it?—A. I don’t know the name. 

Q. Do you remember whether it was IVIr. Sharpe?—A. He was in here at that 
time; I never seen him. 

Q. Don’t you know who it was sent you up there?—A, AVell, they all say; 
they told me, I can't make sign, put my name, have to go to Charcoal Point. 

(}, Was it the election officers here who told you to go to Charcoal I’oint?— 
A. They told me, 

Q. Who told you?—A. I understand they told me to go up there, and I don’t 
know what place, where is Charcoal Point, so one fellow, Charlie Starish, he 
took me up there and show me place. 

Q. Do you know INIr. Deppe?—A. Mr. Deppe? 

Q. Yes; cannery man here?—A, I don’t know that fellow. 

Q, And do you know the dei)Uty United States marshal here?—A, I know. 

Q. Sharpe?—A. Sharpe, I know him. 

(^. AA'as he here, and did he tell you to go up there?—A. He never says go. 

Q. Who did you go up there with?—A. Indians. 

Charlie Starish?—A. Charlie Starish. 

Q, No white man go with you?-—A. No, sir. 

Q. Just you and Charlie Starish; you go up there?—A. Yes, 

(}. Do you know who the white man was here who told you to go there?—• 
A. One fellow told me, they all say go up there, only place. I asked Judge INIa- 
honey why is that can't make no sign in here. He said, “I can’t help it; you 
have tO” go to Charcoal Point.” 

Q. Did he take you up there in his automobile?—A. No; just walk. 

Q. Judge Mahoney told you to go up there?—A. I ask him, “How is it I can’t 
make no sign here?” He said, “ I can’t help.” 

Q. And he told you you would have to go up to Charcoal Point?—A. They 
call place Charcoal Point. 

Q. But Judge Mahoney told you to go over there?—A. Other fellows was 
sitting along table; six men sitting here, I think. 

Q. Did you ever live up to Charcoal Point?—A. I never live, see? Only fish 
from other place. I don’t have to get in that place any time. 

Q. Did you ever live in Ward’s Cove?—A. Me sell our fish there. This 
spring only time seen that. 

(}. How long had you been down to Saxman before election? Do you remem¬ 
ber the day of election, the day you came here to vote?—A. They never gave me 
paper; won’t give me paper; has not tell just what they did, but they keep 
it themselves after signing, 

Q,.They wouldn’t let you vote?—A. They wouldn’t let me vote; sent me up 

Charcoal Point. . , .u i* 

(j. Judge Mahoney told you to go up?—A. He didn’t say; he was standing on 

the" front ; he didn’t pay attention. 


STO WSOKEI^i^IHlAM A>CT)> GRIGSBY 


K^.. AniKdl .\t())mi yi.sfe'vl wBuy- .yvxrni (fv»>niill«(llnti't sai.^ii Ilintw^'—A. Y^etsi. 

WlH^ilr ((llfi<ill My»l¥(WiiKt''y' iKeBll yKHii?— X. H<e t^xlkdl ““ I <(-«iim’t Mr Itoe 

•Ss^iy^. 

llyi<(ll y’«»ia wfiBllii JlwHw MaiBiwwiute'y B)»K*#wrs^ yK»nii (csanw Dweirv' ltw> wtt®*?— 

A., m. 

H5^((1i yiwft li»llllw«B wiitlUi Mr. Siii50iff)i^ ywwii ((•?5iiniKe> lla(?w ttBnaift day?—A. 

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Am @Maii®¥» 671 

m\ti@ ®v-iuu\v-.v \\{ .j\\u^\\i?=^.. \ wi't U^pub-- 

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572 


WICUvERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

(}. .Ill t look to soe if you can find Emory Vuloiitine’s mime in the second 
precinct. I jii t want yon to look for Emery Valentine.—A. Yes, Yes, I have 
found ]Mr. Valentine’s name. 

(}. Emery Valentine?—A. Yes, sir. 

Q. At that time who was mayor of .Tuneau?—A. Mr. Valentine. 

Q. Emery Valentine?—A. Yes, sir. 

Q. Do you know whether or not he was a Wickersham supporter?—A. To 
the best of my knowledjie he was. 

Q. Don’t you know?—A. Yes; he always was. I never heard him say he 
was not. 

Q. Well, who was Wickersham’s campaiitn manager in .Tuneau understood 
to he?—A, I always understood that Emery Valentine was his campaign 
manager. 

Q. And has been for years?—A. Ye . 

Q. And probably the most prominent Wickersham supporter in .Tuneau, isn’t 
he?—A. Yes, sir. 

Q. And what is his politics suppo ed to he?—A. llepuhlican. 

Q, Now, in this precinct No. 2, how many votes did Charles A. Sulzer get?— 
A. 114. 

Q. How many votes did William Maloney get?—A. 70. 

Q. How many did Mr. Wickersham receive?—A. 1.1. 

Q. And precinct No. 3, how many votes did ]Mr. Sulzer receive?—A. 39. 

Q. How many did IMr. Maloney receive?—A. 47. 

Q. And how many did IMr. Wickersham receive?—A. 7. 

Q. Now ,precinct No. 3—^is precinct No. 3 at the general election the Wicker¬ 
sham precinct? Didn’t IMr. Wickersham carry No. 3 last general election?— 
A. Yes. sir. 

Q. And has it not always been a Wickersham stronghold?—A. Yes, sir. 

Q. Can you state .iust generally whether Wickersham supporter , either Ke- 
puhlicans or Democrats, voted at the Democratic primary in precincts Nos. 2 
and 3? Don’t name them.—A. Yes. 

Q. State whether or not, Mr. Bell, from your knowledge of the situation as 
it was in .Tuneau at the time of the primary election, the fact that a man 
voted at the Democratic primary was any evidence that he was a Democrat?— 
A, No, sir, 

(i. Or evidence that he would support >Mr. Sulzer at the general election in the 
fall?—A, No, sir. 

Q. Was that or was that not the situation throughout Alaska ,as you under¬ 
stood?—A. Practically it was; yes. 

Q. And you were pretty well acquainted with tlie political situation at that 
time?—A. Yes, sir. 

Q. Do you know Ous Gillis?—A, Yes, sir. 

Q, An attempt was made to show that Ous Gillis, of .Tuneau, and his wife 
voted at Charcoal Point. 

.Tudge WiCKEKSHAM. I think, Mr. Grigsby, I can clear that up by saying that 
was a mistake. I don’t claim it; there was another Gillis; I was misinformed. 
There is another Gus Gillis, and my informant got matters mixed up. 

Cross-examination by .Tudge Wickersham : 

Q. ]\Ir. Bell, you are clerk of the district court, appointed by .Tudge Jen¬ 
nings?—A. Yes. 

Q. And Judge INIahoney, of Katchikan, is the deputy clerk under you?—A. 
Yes, sir. 

Q. And you are a Democrat?—A. Yes, sir. 

Q. And you supported the Democratic ticket, didn’t you, and IMr. Sulzer?—A. 
Yes, sir. 

Q. And you are doing What .von can to assist Mr. Grigsby in this contest?—A. 
Yes, sir. 

Q. At whose request did you bring all those bundles of records down from 
Juneau?—A. Mr. Gi-igshy’s. 

Q. Do you know how many votes were cast in precinct No. 1 at the regular 
election for Delegate to Congre.ss on November .5, 1918?—A, I believe so. 

Q. As a inatter of fact this is the precinct in Juneau in which iMr. Sulzer had 
a ma.iority over me of something like 50 votes only?—A, In the general election? 

Q. Yes; November 5, 1918?—A. Something like 50 or 60. 

Q. Now, in the first precinct you say a man by the name of Hunt voted the 
Democratic ticket?—A, Yes, sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 573 


Q. At the primary election of iVIay 30, 1918?—A. April 30. 

Q. April 30, 1918? Wasn't Hunt the adjutant general of the Territory at 
that time?—A, 1 believe he was. 

Q. Appointed by the Democratic governor?—A. Yes, sir. 

Q. And wasn’t it understood he was a Democrat?—A. It was at the time he 
was appointed. 

Q. And wasn’t it always so understood?—A. Yes; always understood up to 
shortly prior to the primaries. 

(}. And wasn’t it so understood until Gov. Riggs got in and removed him?— 
A. I don’t believe so; as a matter of fact, there was a general understanding 
the other way. 

Q. Did Mr. Hunt vote at the election of November 5, 1918, at Juneau?—A. I 
can’t say ; 1 haven’t the records with me. 

Q. Do you know whether or not he voted for Mr. Sulzer?—A. I do not; I 
don’t know he was there. I don’t remember the date he was removed. 

(j. And you don’t remember whether he voted for Mr. Sulzer or not?—A. I 
do not. 

i). Do you know whether Capt. Martin voted for Sulzer on November 5, 
1918?—A. No sir; I do not. 

(j. Well, do you know whether IMrs. W. H. Case voted for Sulzer November 
j, 1918?—A. No, sir; I do not. 

Q. Do you know whether Mrs. Valentine voted for Sulzer at that election?— 
A. No, sir; I do not; never talked to her about it. 

Q. Do you know whether Mr. Valentine voted for Sulzer at that election?—A. 
No, sir; I do not. 

Q. Somebody just told you they were friends of Mr. Wickersham and that is 
about all you know about it?—A. No, sir; it is well known that they were your 
supporters—Mr. Valentine, Mrs. Valentine, Mr. Case, and Mrs. Case and family. 

Q. Do'you know whether you ever met Mrs. Case?—A. I don’t know; I 
never did. 

Q. But you don’t know how they voted?—A. I have an idea IMrs. Case voted 
for you, because Mr. Case was betting money on you. 

Q. And you think that good evidence that Mrs. Case voted for me?—A. 
Pretty certain evidence in some cases. 

Q. Satisfies you?—A. Very easily. 

Q. And you testified on that sort of evidence?—A, I always understood them 
to be very strong Republicans. 

Q. And from that assumption and from the fact that he was betting on me 
you concluded she voted for me?—A. Yes, sir. 

Q. Now, was Capt. Martin betting on me?—^A. I could not say. 

Q. Did .vou bet on the election?—A. No, sir. 

Q. What did Capt. Martin do to make you think he voted for me in the 
election of November 5, 1918?—A. He always said he did. 

Q. He told you so?—A. Yes, sir. 

Q. But Mrs. Valentine, you never talked to her about it?—A. No, sir. 

Q. Don’t you know whether she voted for Sulzer or not?—A. No, sir. 

Q. What about Emery Valentine?—A. He always told me he supported you; 
I don’t/know whether in this particular election. I always understood him 
to be a strong supporter of yours. 

Q. But on November 5, 1918, you don’t know whether he voted for me or 
not?—A. No, sir; I do not. 

Q. It has been generally rei)orted around, though, that he was a supiwrter 
of mine?—A. Yes, sir. 

Q. And on that sort of information, and from what you heard him say, you 
think he was a supi)orter of mine?—A. Yes, sir. 

Q. And you think that information is good evidence of the fact, don’t you? 
—A. Yes, sir. 

Q. There were 355 votes cast in precinct No. 1, according to your statement, 
in the primary election on April 30, 1918, and you have pointed out of that 
number 4 you think are supporters of mine, and who voted the Democratic 
ticket?—A.' In the first precinct. 

O. I'ou haven’t gone over the other two precincts to figure out how many 
voted the Democratic ticket who .you think are supporters of mine?—A. No; 

I have not. . ^ 

Q. Now, I had no opposition in that primary election?—A. I believe not. 

Q. I was the unanimous choice of the Republicans in the primary election 
for Delegate to Congress in 1918, was I not? 


574 WlUKEimMAM Vg. gUEiEE, ESgEA^EE, Am c^8l&§8¥: 

Att«»ni^y (Etttii^Hv.. I to that h§ liot \m)\m oi-o!:i§--p^«HiiimtioH and i»-- 
toioltHt to fallow tiio iitilitio!^ (it tlio oofttostftiit t(ii* tlio M(iU!4§ of ltopi=of^olativo§ 
t(i o(=(tuliliMh tho foot ho wns u ttoiiuhliono: 

Yi% m\ 

E,V JuOfiO I 

Q: Thoi'o wtiN u(i othoi* onodhlftto on tho Itoinihliofto tiohot ht tho pihini'^ 
oiooti(io HfiHioNf uiov=A.. Thoi'o woi'o 0 ( 1(1 ¥(itoN ort§t for- tliforoot liioo? Inil there 
wtts lui mw thot til(i(l ne w Itetiohliefto, tlnit wa.M lirioted on the (hheiftl hallot: 

Q. ^I.v lotnie wns tlie (inl.v loiioe oiider the ItetiiihUefto head ^rioted oh the 
official ballot 1'=A: Yei^, m\ 

Q. And there was no fl^fht omde aiiaiowt hie, i=io far as jHai hiaiw ih.the ftepidb 
Ilean or^aidp^athio for that hoi»ihatiohf=A; Not that I know of: 

Ihv Atbiriiey , 

Q, ^Ir: Hell, yoh d((h’t want it ooderstood that the four persohs whohi ^-oh 
have oaioed as Wickershaio siippiirters, who voted at the fieihO(h‘atie priomrieS: 
were the only pers(ihs who viited io that preeihet that were Wiekershahi siip-- 
port(‘rs^=A, No, sir.. 

Q. There were, were there loit, a w^tt loaiiy }hore?=A: Yes, sir, 

Q, Now, yoh stated that Mr, Wiekersham was the hhaniioohs ehoiee (if the 
Itephlilicaos in that primary i by that do yon mean that there wei-e no iteimh-- 
lieans wli(i were (ipposed to him in Jnnean^ In other witrds, is it V(inr nnder-- 
standing that being" a Wiekershamite is a test of iiepnblieanism^ 

Jndge WmMSfiSMAM, I object t(i that on the grimnd that it is .jnst argnment.- 
I object, 

Attorney tlamsnv, Answer the nnestion, 

Wmsss, What was HI 
(Qnestion read by the stemigraphei-,) 

WiTMMss, No, sir, 

Athirney dsfossY, Js there or is there not a lai-ge porti((H (if the iteimiilican 
Party in Alaska which is (itip(ised to Mr, Wickersham piditicaliv^ 

A, There are sione 1 1 d(inT kn(iw Iciw iiiany, or wiiat pr(ip(irti(m they are, 

By Judge WfCMgasMAMi 

Q, Weren't there siune Democrats wh(i wwe opposed hi Mr.- Nui?^et- at tliaf 
saoie eiecti(ai?=A, I beiie^'e tliere were a few, 

Q, It isn't unanim(ius eitiier way, is it1'=A; Not tliat I kmiw of, 

J: W.. Bghfe: 

Hubscribed and sworn to befiire me this ioth day of October, ihiP.. 
issAn,] Wing M; Wi.^'SfO.^^, 

. WQtaru PuUW: 

imeOSiTiO^" (tg fiiWS gOgfijSMOW, 


ItrFBH BDBN^fiOW called and sworn, 

By Athirney Omossy? 

Q, What is ymir Haine?=A, Sufus Ddenshiiw, 

Q, Bdenso-y=-A, No, sirj BdeiiSh(Tiw, 

Judge Wn^umsMAi^i, N(yw, beftire g(dng any furtiier witii tins witness, f 
want to (ibjetd to the takiiig of his testiniiaty (in tite grotind titat to--nairr(iw, 
OHober Id, is Mr, Origsby's last day bn- taking testinaaty under the residuthm 
pass(at by the fliutse (if Br^iresetitatives, and f (atiy recett'ed mdit^ (if tite tafe-- 
ing (if tids man's dep(isiti(ai beday, I nmke tlie (ibjeOhai (m tite grvuind that 
I am etititled bi (aie day ba-- tlie piirp(ise (if uieeting his eyidence after beday, 
aiid that it has mm nm tltat tiiiie, I object bi file takiiig of his dep(i§i-- 
ti(ai at alt, I (ki n(it iiiake aw (dijectiiai bi the taking of his debir^ithui to--day 
as distinguished frvan iiiy geiiei-ai (ibjecfhai, 

By Atbirm^^ Ouitisuy:: 

0, I und(a-‘staiid y(ai niake im (dijecfbai bi ttie taking (if his dep(isiti(m to--day 
insb-'ad (d t(i--ni(a*r(iw?=A, N(i:: I (hi mit, 

0, But yvai iiiake tiie satiie (ilijecthat beday as y(iu wimid (hi to--uua-'r(iw?--4, 
I wanf my (ibje(di(ai bi stand as if tiie depiisition were taken to-auorrw, 

By Atbirney tiuiiisuy ibv witness^ j 
0.- Wiiat is yviur fuli iiaiue?=A, Butus Bdeuslmw, 

0, W'bere do y(ai Jiye9'=A, Hydaburg, 


WIClvERSHAM X'S. SUL^KR^ DECEASED, A^fD CJRICSBY. 57;^ 


Q, In this division “J—^A. Yes» sir* 

Q. Did yon vote hist your, lust Novoinhin'I^A. Xos, sir. 

Q. Whero?—A. At SnlKor. 

Q. Is Hyduhurs: in tho SiilKor votin.?j district ^—A. Xos» sir. 

Q. How old ure yon^*—A. 30. 

Q. Aro yon un Alusku Indiunl'—A. Yos, sir. 

Q. Whut *—A, Hydu. 

Q. Is H,vdu tlio nuino of the trilie^^—^A. Yes. sir. 

Q. Wheiv weiv you liorn'?—^A. In Kllnkwun. 

Q. Is thut in Alusku'^—^A. Yes, sir; close to Prince of W'ules Islund. 

Q. Do yon know the other Iniys ftxnn Hj'duhnrj? who voted ut Snltser^A. 
Yes; I know every one, 

Q, Di> yon know wheiv they were hornA. Yi'S, sir; they were horn ut 
Klinkwun und How Kun, 

Q, In Alusku?—^A. Yes. sir; in Alusku, 

Q. Kow stute if yon know when the Hyihi Indiuns or their uncestoi's, futhers 
and jrrundfuthei's und mothers und jjrundmothers hrst cume to Aiusku.= 
A. Why, us fur us I know, even my jtrundfuther didn't ivmemher ut whut time 
they cume over. 

Q. Was your jjrundfuther u native of Alaska?—^A, Yes, He useil to claim he 
was horn in Alusku twx and he w'us old when he died, 

Q, Was yonr father horn in Alaska ,*—A, Yes, sir, 

Q. And yonr mother?—A, Yes. sir, 

Q. Were the futhers and mothers of all the Hydahurjt hoys who voted ut 
Snlzer horn in Alaska?—A. Yes, sir, 

Q. Did yon ivjjister for the draft last fall?—A, Yes, sir; I was registered at 
Siilzer. 

Q. At Snlzer?—A. Yes. sir. 

Q. Did all the Hydahurg hoys within the age limits reglvSter?=A. Yes, sir; 
every one was registered at Sulzer; some of them fi'om Craig. 

Q. Were all those who voted at Sulzer registered for the draft?==A, Yes; all 
registered. 

Q. Do yon know whether or not any of tliem bought Liberty bonds or not?= 
A. Yes; everyone bought homis, second Liberty htuids and third Liberty bonds, 
and fourth, too. 

Q. Can, they all read and wrlte?—A. Yes, sir. 

Q. Who voted at Sulzer?—A. Yes. sir. 

Q.' Did other men vote at Craig?—A. I don't remember. 

Q. They are in the habit of voting at Sulzer?—A. Yes, sir. 

Q. And voted there the election, of three years ago also?=A. Yes, sir, 

Q. Do you have any tribal relations at Hydaburg?=A. No, Sir. 

Q. Do you know that the claim Is made that Mydaburg Is on an Indian reser= 
vation; have you heard tliat?—A. The s^iperlntendent of sehools over there 
used to tell us it wasn’t a reservation. 

Q. You can leave there whenever you want to, can't you?==A. Yes, sirs 
leave there whenever we like to. 

Q. Has any officer of the United States any authority over yon any more 
than over white people?“A. No, sir; only one school superintendent over there. 

Q. Add he conducts the school; that Is the extent of his authority?=That is 
all. 

Q. ^^'heIl (lid you come to Ketchikan this last tlme?=A. Few days ago, 

Q. You have been In to^^'n a few days?=A. Yes. 

Q. What is your business?—A. Fisherman. 

Q. Do you own a boat?—A. No, sir. 

By Judge Wickersham; 

Q. Mr. Kdenshow, did you telegraph for some of the boys to come over to 
testify?—A, No, no, no, 

Q. YTm live at Hydaburg?—^A. Yes. sir. 

Q. So you and all the hoys you are talking about lived at Hydaburg at the 
time of the el(‘ctlon, November 5, 1918. last fall, at the time yoti went over to 
Sulzer and voted?— A. Yes, sir. 

Rufus EnF??ssAw. 

Subscribed and sworn to before me this irdh day of October, 1919, 

[SEAL.] Wlhh IL Wf?fST0f!f, 

T^otary PuUk, 


576 WICKERSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 


Attorney Ortcshy. Tlie sijrnatin’e of Steve Kn.irnn to liis deposition taken at 
.luneaii is waived by tlie eontestant. 

.ludjje AVk'Kkusham. Yes; 1 a^ree to that, assiiininji', of course, tliat his testi¬ 
mony is transcribed corrt'ctly. 

Attorney (DjKisnv. I offer in evidence the vai'ions notices to tjdce depositions. 

.Tudjie aVickeksham. AA'ell, I a^ree that all notices may he tiled without offer- 
inji them in evidence. 

Attorney Grigsi{y. And pleadinjjs? 

Judge AA'ickersham. And pleading.s, yes.. 

Hearings continued at 4 p. m., October 16, 1919. 

Attorney C’osgrove. I ask for a postponement of this hearing until 7.30 to¬ 
night. due to the failure of the witnesses to present themselves and my inability 
to look them up. ^ 

Attorney Shoup. I want to enter an objection on behalf of the conte.stant, 
James AAJckersham, that this notice to take the depositions of the following 
seven men, Jim AA’allace, AAhilter Frank, Rufus Edenso, Jim Edenso, George 
Charles, Charles Scott, and Fred Grant, was not served on the contestant until 
yesterday afternoon, and does not allow one clear day’s notice as provided by 
section 108 of the Revised Statutes of the United States. 

Hearing adjourned until 7.30 p. m. 

deposition of WALTER FR.VNK. 

7.30 p. m. above date, hearings continued. 

AVALTER FRANK called and sworn. 

By Attorney Cosgrove: 

Q. State your name?—A. AA'alter Frank. 

Attorney Shoup. I want to renew the objection I made this afternoon to the 
taking of those depositions on the ground that we haven’t had^the time allowed 
under the statutes. 

By Attorney Cosgrove : 

(,). How old are you?—A. Over 50 years now. 

Q. AAJiere do you live?—A. Hydaburg. 

(,). How long iiave you lived there?—A. Pretty near seven years now. 

(}. AAJiere did you live liefore you went to Hydaburg?—^" a. I was born in 
Klinkwan. 

Q. AAJiere is Klinkwan?—A. Below to Hydaburg. 

Q. In Alaska?—A. Yes; and I born in Klinkwan and my mother come 
Kasaan and went over to Kasaaii when 10 years and 10 years in Kasaan and I 
move back to Hydaburg again as soon as Hydaburg start. 

(C AA’hat is your liusiness—what do you work at?—A. I tell you, Air. Charlie, 
we live in Klinkwan and we live at How Kan; and one fellow named Air. 
Delaws, and he had a store up there, and one fellows name Jim Aliller—old. 
Aliller—he had a store at Klinkwan, and now every year we work on cannery; 
that money goes to the store. 

Q. You have an interest in that .store?—A. No. 

Q. AA'hat do you do for a living?—A. AAhirk. 

Q. AA hat kind of work?—A. All Indians live fishing; fish for the cannery 
every summer; and one fellow got a store at Klinkwan, and when was getting 
through ti.shing that money goes all in the store. 

(i. You all own store together?—A. No; one fellow, James Aliller—white 
fellow. 

Q. AA’hat did you put your money in there for?—A. Becau.se we buy grub. 

i}. How did you get your money, working for the cannery and fishing?—A. 
Fishing. 

Q. Do you own your own boat?—A. \>.s. 

(]. AA’hat kind of a boat?—A. Seine skiff. 

Q. How big?—A. Thirty-two feet. 

Q. Is there an engine in it?—A. No. 

Q. A’ou have a fishing crew?—A. Crew; yes. 

Q. But you were born in Klinkwan, Alaska?—A. Yes; southeastern Alaska. 

Q. Do you know I*aul Alorrison?—A. Yes. 

Q. AA’here does he live?—A. How Kan. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


577 


Q. W here was he h(»rn, do you know?—A. I don’t know. 

Q. How long have you known him?—A. Great many years. 

Q. How many yenrs?—A. Great many years, times, Imt I don't know wliere 
he horn. 

Q. Do you know how old he is?—A. No. 

Q. Do y(»u know Sidney Carle?—A. Sidney Carle. 

Q. Do you know where he was horn?—A. No. 

Q. W’here does he live now?—A. He live here now. 

ij. Ketchikan?—A. Ketchikan. 

Q. Is he a Haida?—A. Thlinket. 

(N Are you a Haida?—A. Yes. 

Q. Do you know Peter Nathan?—A. Yes. 

Q. Is he a Haida?—A. Haida. 

C^. Do you know where he was horn?—A. I don’t know; somewhere; How 
Kan. 

Q. Do you know whether he was horn in Alaska?—A. Of eour.se, horn in 
Alaska. 

Q. Do you know Uuhen Edenshaw?—A. Yes. 

O. Is he a Haida?—A. Yes. 

Q. Where was he horn?—A. Hydal)urg. He live. 

(}. Do you know where he was horn?—A. No. 

Q. How long have you known him?—A. Good many times; good many years. 

Q. How long do you think—how many years?—A. Well, I don't know. 

Q. How old a man is he?—A. I don't know; 1 didn’t ask him; he will he 
here pretty soon. 

Q. Do you know Charles Scott?—A. Yes. 

Is he a Haida—A. Yes. 

t}. And where was he horn?—A. I don't know. 

Q. What husiness is Morrison, Nathan. Edenshaw, Carle, and Scott in, all 
tishernien?—A. All lishermen. 

(}. And all live at Hydahurg?—A. Yes. 

(}. Are they all young men or old men?—A. Y^)ung men. 

D. Do you know Jack Edenshaw or James Edenshaw?—A. James Edenshaw; 
yes, he is here now. 

Q. Is he a young man?—A. Yes. 

Q. Haida?—A. Yes. 

Q. Do you know where he was born?—A. I guess Klinkwan, I am not sure. 

Q. Do you know Boyd Nakaptla?—A. Yes. 

Q. Where does he live?—A. Hydahurg. 

Q. Is he a Haida Indian?—A. Yes. 

Q. Do you know whej’e he was horn?—A. No. 

(N How hmg have you known him?—A. Good many years. 

(.). Bight over there?—A. Yes. 

Q. Do .vou know Luke Frank?—A. Y^es. 

(^. Is he any relation to you?—A. No. 

Q. What husiness is Luke Frank in?—A. Sir. 

Q. How does he make a living?—A. We have got store up Hydahurg. 

Q. Yotf have all Indian hoys in the store?—A. Yes. 

Q. You are in it yourself?—A. Yes. 

Q. Are all these hoys in it that I have named, Paul Morrison, Sidney Carle, 
Peter Nathan, Reuben Edenshaw, Chas. Scott, James Eamso (Edenshow)?—A. 
I tell you, Charlie, we all work in the cannery, and one fellow got store at 
How Kan, his name Delaws, and one fellow got store up Klinkwan, up there, 
and pretty soon the fellows name is John Wallace, John Wallace says this 
way. One time we call all hoys in a lamse and Mr. John Wallace says this 
way, you are working here and we will work ourselves in the cannery and 
fishing and as soon as we get through fishing in the fall time, that money 
goes in one white fellow and pretty soon get rich and go down Seattle. That 
fellow got all our money and had a good time, and pretty soon John Wallace 
says let’s quit Klinkwan, let's quit How Kan, let’s build new town ourselves 
and do husiness ourselves, leave all white man stay outside there. 

Q. How long ago was that?—A. Pretty close seven years now, and pretty 
soon boat to How Kan and talked all night, and everybody says all right, 
let’s start a new town, and pretty soon a new town, and now to-day we got 
a store up to Hydahurg over $r)0,()0() stock in the store, besides money in it. 

Q. And Hydai)urg is the new town you started?—A. Yes. 

Q. Lots of you hoys started a new town and started this store?—A. Yes. 


151279—20-37 



578 


WICKERSHA?.! VS. SIJLZER, DECREASED, ANT) (JRIGSIiY. 


Q. Seven years afj:o?—A. Yes. 

CJ. And n<>\s’ yon have j^ot stock in the store worth over $50,000—A. Over 
$50,000 witiiont money. 

Q. Resides money?—A. Yes. 

(„). And all these hoys are in it?—A. And we have j^ot saw mill at Tlydahurg, 
pretty ji,<)od sized saw mill. 

(^). How much is that worth?—A. Worth over $8,000 and now we have got 
big wharf, -TOO feet, 40 hy 80 feet in the front, we liave warehouse in the top, 
and we have got new saw mill, got there all the machinery at Hydahurg now. 

(}. And you hoys all own that?—-A. Y>s. 

(}. How many hoys in that company?—A. Everybody in tlie town. 

(J. Do you have white men run it for you?—A. No. 

Q. Run it yourself?—A. Of course, (Government looks after school up there., 

(^. Does the (Government keej) the store?—A. A fellow hy the name of 
Hanselinan (Hanson), lie looks out for everything in the school there. 

Q. Who runs this business?—A. Ourselves. 

(,). Do you have a white man there?—A. One white man looks after the 
school. 

(^. Does any wliite man run this business, this store?—A. Ourselves there. 

(}. You run it yourself?—A. Yes. 

Q. And yen spy all the people of the town own it?—A. Not all. hut we have 
an interest, everyone. 

Q. Who conducts the husiness, your own hoys?—A. Yes. 

(^. How many?—A. There is fellow named Paul (’harles. And the last of 
year, fall time, what money we make goes hack into store again. 

Q. And the last of the season—in the fall-—whatever mone.v ,voii make you 
put in the store to make it a bigger store?—A. Yes. 1 wish I had a good 
interpreter, I would talk, explain to you. Now, to-da.v we have a shingle mill, 
we hjive got a d.vnamo. 

Q. Have you got a moving-picture show?—A. Yes; shows and one feilow, his 
name I don’t rememher, we pay $10 a day now, white fellow, his name is Clowdy; 
before we worked all white fellow and to-day white fellow work for us. That 
fellows name, Wickersham, he talk against us all the time. Wickersliam says 
we born on the other side there. 

(). He says you live on an Indian reservation, too?—A. Don’t live on reser¬ 
vation. 

(}. Is that an Indian reservation where all .vou hoys live’?—A. No; I don’t 
think. 

(^. Do you have a man tell you when you can go, when you can come, and 
what .vou must do’?—A. No, sir. 

(). You run the place yourselves?—A. Run our.selves there. 

Q. You have a city council’?—A. Yes. 

Q. And mayor’?—A. Yes; mayor. Fellow name .Tohn Wallace. 

* (). And a city attorney’?—A. Sure. 

Q. Municipal magistrate?—A. You bet you. I wish I vcould see that Wick- 
ershani ourselves because he says us horn other side there. 

I am glad .vou didn’t, we wouldn’t want any trouble. Do you know Alex. 
Peel?—A. Yes. 

i}. Do you know where he was born’?—A. I know for myself, and man, yon 
know yourself where born. 

Q. How long have you known Alex. Peel’?—A. Good many years. 

(^. How old is he now’/—A. I didn’t Jisk him. 

(^. Young man?—A. No; middle aged. 

( 4 . Do you know .loseph Nix’?—A. No. 

(F Do you know T.ouis Tom’?—A. Yes. 

(}. And Mike (George’?—A. Yes. 

(}. D. D. Nathan, jr.?—A. Yes. 

Q. Richard Nix?—A. Yes. 

Q. Adam Spoon?—A. Yes. 

(}. .Tim Wallace?—A. Yes. 

Q. Is Wallace the man you say is ma.vor of the town’.-*—A. No; John Wadlace, 
he is in Seattle now. 

Q. Do you know William Peel’?—A. Yes. 

Q. And they are all Hydahurg boys’?—A. Yes. 

(^. All voted last November?—A. I wasn’t there myself, I was out to For¬ 
rester Island. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 579 


Q. Did you vote last fallV—A. No; because I was way out iu the ocean 
there. 

Q. Do the Indian people living at Hydaburg have any chief?—A, Chief. 

Q. Any old Indian customs of any kind?—A. No. 

Q. They live just like white men?—^A. Of course, you bet. 

Q. And you have your own houses?—A. Yes. 

Q. .Just like white meu?—A. Sure. 

Q. How many years have you lived that way, all the time since you can ro- 
member?—A. Of course, you bet j'ou. 

(}. Do you know Thaddeaus Isaac?—A. Yes. 

Q. Is he a Ilyra?—A. I wish laid good interpreter here. 

Q. Do you know George Demert?—A. Yes; he belong to Klawak. 

Q. And li. .1. Peratovich?—A. He belong to Klawak. 

Q. Do 3 ’ou know J. K. Williams?—A. No; I guess all belong to Klawak. 

0. Do j’ou know C. I*. Wilson, of Klawak?—A. No. 

Q. Demert and Peratovich are Hjala Indians?—A. No; Thlinket Indians. 
Two boj’S here belong to Klawak, here. 

Q. Do you know anything about how the Hyda Indians happened to get on 
the west coast of Prince of Wales?—A. No. 

Q. Don’t remember that?—A. Nobod.v knows. 

Q. Wh 3 ' don’t 3 ’ou know; did your fathers and grandfathers?—A. My father 
raid grandfather did not know nothing. 

Q. Do .vou know where j’our grandfather was born?—A. No. 

Q. Did he ever tell .vou whether he was born in Alaska?—A. No. 

(}. You never asked him?—A. I didn’t ask him. 

(>. Do 3 ’ou know Sam Davis?—A. Yes. 

(}. Where does he live?—A. Hydaburg. 

Q. Is he a Hyda?—A. Yes. 

Q. Is he interested in that store with j'ou?—A. No; he has got store himself, 
up there. 

Q. Do 3 'ou know Charlie Brown?—A. Charlie Brown, no; I know fellow name 


Johnnie Brown. 

Q. Johnnie Brown, he is a Hjala, is he?—A. Yes. 

(}. Do 3 a)u know I*eter Annesket?—A. He belong to Klawak. 

Q. Do you know Lee Annesket?—A. No. 

Q. Maxfield Dalton?—A. No. 

Q. Jimmie Anneskit?—^A. No. 

Q. Cljale Fields, Arthur Janies; do you know those two men?—A. No. 


D. Do you know Frank Williams?—A. No. 

Q. Do 3 'ou know R. D. Collins?—A. All belong to Klawak. 

Q. Do you know Willie Skulka?—A. Yes; I know him. 

(y Where does he live; Hyda, does he?—A. Yes. 

Q. Do you know where he was born?—A. No. 

Q. Have j’ou known him a long time?—A. Just he is young now. 

(J. Just young'fellow?—A. Yes. . 

Q. Now, I understand all you Hvda boys live and conduct yourselves .pist 

like white men, and live in ^mur own houses?—A. Yes. 

Q. AihI are in business in this big store?—A. Yes. 

Q. And that stock, you say, in the store at the present time, now, is worth 
over $r)0,000? —A. We have other big store; start now new building. 

O. You have got another big store?—A. Ye.s. 

Q. You have a couple of sawmills there?—A. Not two sawmills; new ma- 

^^a^New machinery for the old sawmill?—A. AVe start another good-sized one. 
(}. And you owii all that, yourselves?—A. Yes. 

O And don’t live on an Indian reservation.’* A. No. i , 

Q. You people just moved ui) there to have a place of your own and to be in 

business for 3 ’ourselves?—A. \es.^ 

() No (loveriiment agent there?—A. No. 

Q. Nobody there to tell j'ou what to do or when to do it, except jouisehes. 


not tlio nice ns tlie Tblinkets?-A. Different altogether from 

(J. Tlie Tlilinkets are not as well educated as you hoys are? A. T don t think 
SO ; I don’t know. 

Q. Thlinkets are cultus?—A. Yes. _ . , 

Q. But IIjMas, they are boj's of high intelligence. 


580 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Cross-examination by Attorney Shoup; 

Q. Say, .Tim, didn’t yonr people come from Queen Charlotte Islands first 
time?—A. Who said so? 

Q. I am asking you about it.—A. No, sir; nobody knows it. 

Q. You don’t know anything about that?—A. No. 

Q. They have been in Alaska for a long time?—A. Of course. 

Q. You don’t know whether any came from Queen Charlotte Islands?—A. No, 

Q, You don’t know’ wdiether the Ilydas came over from Massett; moved over 
to this side and lived here?—A. No; I don’t think so; one fellow’, Waggoner— 
that is, the fellow’ make story there himself. He says our grandfathers belong 
other side, British Columbia side. 

Q. In Massett?—A. But nobody know’ it. 

Q. You talk the same language as the people over in Massett?—A. Yes. 

Q. They are the Hydas, same as you are?—A. Yes; same thing. 

Q. Now’, over there at Hydaburg—are there any w’hite men that live there at 
Hydaburg?—A. No, sir; just one fellow% a Government man and- 

Q. One Government man there?—A. Because big building, schoolhouse and 
building w orth over $12,000. 

Q. It belongs to the United States Government?—A. Yes. 

Q. How’ many teachers in that school?—A, Four. 

Q. All W’hite men?—A. And expect another, w’hen he come—five. 

Q. Another one w’ill make five?—A. Yes. 

Q. Is there one man in charge of that?—A. Yes. 

Q. Does this w’hite man in charge of that school go over the books of the 
store every year to see if they are all right?—A. One man come from Seattle. 

Q. One man from Seattle?—A. Yes. 

Q. Is his name Lopp?—A. No ; I forget his name, 

Q. He is a*Government man?—A. Yes, 

Q. And he comes up here every year to go over the books?—A. Well, w’e pay 
his fare from Seattle to Hydaburg and back again, 

Q. And he audits your books to see that the accounts are straight?—A. Yes. 

Q. And he reports back to the Government?—A. I guess so; yes. 

Q. ^^'hen you first started this place over to Hydaburg—the store—did the 
Government have charge of it for the first year? Government teacher?—A. Of 
course he did. 

Q. Mr. HawdvSW’orth w’as living there then.?—A. Yes. 

(j. And he helped you with the store, to keep it straight; helped w’ith the 
books?—A. Just books. 

Q. And you paid Haw’ksw’orth and consulted w’ith him as to how’ to run it?— 
A. Yes. 

Q. And didn’t the Government put up some money to build that store; do 
you know’?—A. No, sir. 

Q. Are you sure about that?—A. No. The Government didn’t put up any 
money yet. 

Q, Didn’t the Government put up money for the store the first time?—A. No; 
W’e have money. 

Q. Didn't the Government put money in to start the store, and it has been 
paid back?—A. I don’t know’; I don’t think so. 

Q. You don’t know^ about that?—A. No. 

How’ about the saw’inill; did the Government help to build the saw’inill?— 
A. No. 

Q. The Government didn’t help you w’ith anything then?—A. No. 

Q. Who does that land around Hydaburg belong to?—It belong to the Gov¬ 
ernment, 

Q. Didn’t the Government make a reservation of that land?—A. No. 

Q. No reservation there?—A. I don’t think so. 

Q. You don’t know’ w’hether the President put that land apart for the use 
of the Hydaburg Indians?—A, I w’ish I had a good interpreter. 

Q. You don’t know’ that the President of the United States had selected that 
land at Hydaburg for the use of the Haida Indians to live on?—A. No. 

Q. You don’t know’ anything about that Executive order of the President?— 
A. No. 

Q. Where did you go to school?—A. What? 

Q, Did you go to school?—A. For myself? 

Q, Yes.—A. Never. I missed it there. 

Q. Can you read?—A. No. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 581 


Q. Can’t read English?—A. No; because I miss it myself—because I born in 
Klinkwan. 

No school there?—A. No. 

Your skill it has not an engine?—A. No. 

Q. Pull with oars?—A. Nq. 

i}. Have you an engine?—A. Twenty-horsepower Western Standard. 

(}. Before they started Hydaburg wliat money you people made in the sum¬ 
mer yon blew in during the winter in the white man's store, spent everything 
you had?—A. Yes. 

Q. Ho you have any money now, for yourself?—A. Yes. 

Q. Does-it belong to you?—A. Yes. 

(}. Does the money you are saving belong to the rest of the people or is it 
your own money?—A. Yes; because we worked for white man, now when we 
(piit work in cannery that man goes to Seattle and pretty soon that fellow go 
(lown to Seattle and have l)ig time with our money. 

Who do yon work for now in the summer time?—A. Now? 

(}. Now, yes?—A. Fellow, ]Mr. Iverson. 

Q. White man?—A. Yes. 

Q. And all the Hydaburg people work for him?—A. Different canneries. 

(j. At white men’s canneries in the summer time?—A. Yes. 

Q. And in the winter they spend it all in the village?—A. Yes. 

Q. What do they do with the lumber they cut in Hydaburg?—A. Need it 
ourselves and we sell outside in the cannery. 

Q. You have got a mayor over there?—A. Yes. 

Q. City council?—A. Yes. 

Q. How many in the city council?—A. I think somewhere, 12 it was. 

(}. You have got an incorporated town?—A. Yes. 

Q. Incorporat(Hl under that law which provides for the incorporation of 
Indian towns. Territorial law?—A. Yes. 

Q. You didn’t vote last year?—A. No; I was in ocean there. 

(^. What were you doing in the ocean?—A. Trolling out there. 

Q. For salmon?—A. Si)ring salmon, place named Forrester Island, lots of 
boys there. 

Q. Do you ever go sealing now?—A. No. 

C>. Do any of the people go sealing?—A. No. 

(}. No more?—A. No more. 

Q. Are you in the city council?—A. Y’^es. 

(^. Are you a member of the city council?—A. Because Mr. Hawksworth he 
is Government teacher that is all. 

(}. He helped you to organize the store?—A. One fellow we charter from 
Seattle. 

(J. From Mr. I>oi)i)’s oflice, do you know whether it was ^Ir. Lopp’s man, be¬ 
longed to the Bureau of Education?—A. Y^es; I guess so. 

Walter, how do you know that stock in the store over there is woidh over 
^.'jt^OOO?—A. Becau.«e we charter bookkeeper. 

Q. The Government bookkeeper?—A. Yes. 

He told you you had $.’)(),(KM) worth of stock in the store?—A. Yes. 

Q. W-ho is this inan that runs the store, the storekeeper?—A. Paul Charles. 
Q. Where did Paul Charles go to school?—A. I don’t know, up to Sitka, it 
was? 

Q. Sitka school?—A. Yes. 

Q. The Government has a bookkeeper in that store?—A. Well, fellow works 
after school and he looks after our hooks all the time. 

Q. The Govei-nment teacher?—A. He is not teacher, he is after the Govern¬ 
ment teacher. 

Q. What is his name?—A. Hanzelman (Hanson). 

(}. Does he live at Hydaburg all the time?—A. Two years. 

(.2. He works for the Government?—A. Y'es. 

(}. And takes care of the books in the store?—A. Yes. 

(}. And takes care of the books in the sawmill?—A. Yes; everything. 

(}. That Government teacher keeps all the books over there in all those busi¬ 
nesses?—A. Y'es, and before Christmas, we charter fellow from Seattle and 
pay all his fare. 

Q. That is the man from Ylr. Lopp’s office?—A. Yes. 

Q. ]\Ir. Lopp is superintendent of Indian education in Alaska, for the Indian 
schools all over Alaska?—A. I guess so. 


582 WrCKERSHAM vs. SULZER, DEC’EASED, AND GRIGSBY. 


Q. And you pay tlie fare of one inan from his ofllce every year to audit the 
])ooks?—A. Yes. 

Q. But there is a Governiuent man, Mr. Hanselman or Hanson, who lives 
there and keeps the books?—A. Yes, 

By Attorney Cosgrove : 

Q. What do you do with all the money you make in the store, Frank; where 
does that go?—A, What money? 

Q, You make lots when you sell goods?—A. Yes. 

Q. Who keeps charge of the money. Who takes care of the money in the 
store?—A, Fellow name’s Hanson. 

(}. He is a Government man?—A. Yes. 

Q. What do you do with it?—A. Keep it and before Christmas and after 
New Year’s count dividends. 

Q. You get dividends?—A, Every year. 

(}, They divide up the protits among the i>eople there?—A. Yes, 

ij. Does the Government take any of the money?—A. No; I don’t think as 
long as s(iuare, my gosh. 

(}. Do you have to have this Government man, do you have to have him, do 
you have to employ him or can you get anybody?—A. I can’t answer, I don’t 
what you say. 

Q, If you want any man to look over the hooks you can have him?—A, Sure,, 
you bet. 

(}. You can hire anybody?—A. No; anybody. 

Q. But you hire this Government man?—A. Because he is nice fellow. 

Q. Because the Government man is a good man?—A. We can’t chai'ter any¬ 
body there, we want to take good honest man. 

Q. And that is why you get him?—A. Yes, I don’t care only one fellow, I 
don’t see Wickersham, he talk against us all the time. 

By Attorney Shoup : 

Q. Frank, do you pay IVlr, Hanson any money?—A. No. 

(}. The Government pays him his salary?—A. Yes. 

(}. The Government pays him?—A. l"es. 

(). The Government tells him to take care of the hooks?—A. No. 

(}. The Government tells him to take care of the books?—A. Yes. 

(y And the Govei’iiment tells him to take money, make check and send you 

the earnings each year. ]Mr. Han.son or somel)ody in an otlicial position de¬ 
cides how much dividends for each man?—A. No answer. 

Q. Fellow from Seattle tells how much for .Tim Frank, how much for you, 
ami how much for .Tim Wallace and everybod.v?—A. \>s. 

Q. How much did you get yourself, your dividends in the store, last .vear?— 
xV, I think .somewhere about over .$80. 

Q. Yh)U didn’t get much?—A. No, sir; because they got some one to pay. 

By Attorney Cosgrove : 

Q. And whatever you make you keep in your i)ocket, don’t have to give 
that up, do what you please with it?—A. Yes. 

(). xVnd when you want you go away from Hydaburg and come back when 
you like?—xV. Yes. 

Q. The same as white man?-- 

P>y Attoi'ney Siiotp: 

Q. If I want to live in Hydabui-g, could T do it?—A. If you want to. Sup- 
l»ose you start a business for yourself in Hydaburg, you think you start a 
Itusiness for yourself? 

ty I don’t think?—A. No; I don’t spend foi‘ your store. 

(y You won’t spend any money with a white man?—A. Yes. 

(J. Suppo.se Mr. Cosgrove wanted to buy a lot in Hydaburg; can he buy a 
lot there?—xV. No, sir. 

Q. Any white man he can't get property there?—A. No. sir; because we made 
Miiite man living there, cut out. 

Q. Now the boys cut out all white men?- 

P>y xVttorney Cosgrove : 

CJ, Has the Government got a store there besides your store?—A. No, sir. 




WICKERSILA:.! vs. SULZER, deceased, and GRIGSBY. 


588 


How many stores there?—A. One. 
(i. Jnst one, I see.- 


Subscribed and sworn to before me this Kith day of October, 1919. 

Xotary Pubiic. 


DEPOSITION OF JIM WALLACE. 

JIM WALLACE called and sworn : 

I).v Attorney (’osouove: 

O. What is .yonr name?—A. Jimmie Wallace. 

(L Are yon a Haida?—A. Yes. 

(^). Live at Hydabnrji?—A. Yes. 

Q. Are yon a member of the eonneil?—A. Yes. 

Q. Yon have a common council?—A. We have a common conncil. 

O. Are y(ni interested in the store Walter Frank was talking:: about?—A. Yes; 
we f>:ot a ,a:ood-sized store over there. 

Do yon own a boat?—A. Yes; books in the otlice. 

(). I mean a lishin.u' boat?—A. No. 

(}. Do yon work in the store?—A. No; work in the store? 

i}. Yes?—A. No. 

i}. What do yon do for a livinji?—A. I woi-k in the summer and in the 
sawmill winter time and y<ni want to know what we Jtot in the sawmill. 

(N Are yon accinainted with all these boys whose names I read to M'alter 
Frank?—A. Yes. 

Q. Where were they born, do yon know?—A. Klinkwan. 

(N Alaska?—A. Yes. 

{}. How old are .von?—A. I think abcnt 42 years, jtretty near ‘>9. I think. 

Do yon know these boys, Paul Monason?—A. Yes. 

(L Sidney Carle?—A. Yes. 

Q. Deter Nathan?—A. Yes. 

i}. Renben Edenshaw?—A. Yes. 

{}. Charles Scott?—A. Y^es. 

Jack Eamso?—A. Who is that? 

(N James Eam.so?—A. No. 

(}. Do yon know wlu're any of those boys were b(;rn, whether they 'were 
born in Alaska?—A. I don't know. 

(N yon know Royd Naka])tla, Lnke Frank, Alex Reel. Joseph Nix, Lonis 
Tom, IMike Ceorse, D. D. Nath.an, jr., Richard Nix, Aflam Spcon. Jim Waliaco. 
William Peel, Walter Frank? Do yon know where these boys were born?—A. 
Horn in Alaska. 

(L They were all born in Alaska, were they?—A. Y"es. 

Q. Have yon known these bo.vs for a lon^ time'.''—A. Yes: they belong to 
Klinkwan, too. 

(L B<n*n in Klinkwan?—A. Yes. 

ii. How long did yon live in Klinkwan?—A. Well. I was boiai when little 
boy. 

(}. In Klinkwan?—A. Yes, 

(N Now, Walter Frank said that in that store yon all had an interest and 
that it was bnilt by the Indians themselves'?—A. Yes. 

(L And yon rnn it yourselves, do yon'?—A. I am a stockholder myself; I 
never touch anything in the stoi'e. 

Q. And yon have a Government man come to keep yonr books and fix up 
yonr accounts and figure ont yonr dividends; is that right?—A. Y"es; only 
one a year. 

Q, And there is a man named Panl Charles in charge of it?—A. He is 
manager of the store. 

Q. And he is an Indian?—A. Yes. 

(I. Plaida?—A. Haida; yes. 

Did yon vote last November?—A. What. 

Q. Did yon vote last November?—A. For Mr. Sulzer. 

Yes?—A. Yes; Ylr. Snlzer. 

Q. Where, at Snlzer?—A. Yes. 






584 WTCKERSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 


Q. Did any of these l)oys vote at Sulzer?—A. I don’t renieniher, what 
there, four ^ras boats jro there. 

Q. Wliat ofliee was Sulzer running for?—A. We all know. 

Q. Did any hoys vote ft)r Mr. Wickershani?—A. I don’t know anything about 
it; I know myself, I vote for Mr. Sulzer last year. 

Q. Do you realize that you are living on a reservation?—A. No; I don’t 
know about it. 

Q. You can come and go .just as you like over there, and does anybody tell 
you when to go out and when to eoine in?—A. I am boss myself; go any time 
I want. 

Q. And what(‘ver money you make you keep yourself and spend it .just as 
you like?—A. I liave got enough money; some money in the hank in Seattle. 

Q. Do all the people over tliere dress like white people?—A. Y^es; good suit 
clothes, line (Lion) tailor. 

(}. Any chief, Indian chief over there?—A. Town mayor and judge; we make 
laws ourselves; we sent to (’ongress and President Wilson signed it and sent 
it down to Hydahurg. 

(). You signed a i>ai)er and sent it to President Wilson?—A. Yes. 

(). What did you want him to do?—A. You see, law of town, if people make 
troul)le, make fight, don't pay taxes, do what people do here. 

(j. And then President Wilson said you could have that piece of ground for 
all the Haidas to live on?—A. Y>s. 

Q. And run it to suit yourselves?—A. Y>s. 

Q. And you run it by this council, of which .vou are a member?—A. Yes. 

By Attorney Srroup: 

(j. Are you on the council, yourself?—A. Council? 

Q. You?—A. No; I don't belong to council. 

(j. Did you (‘ver belong to the council'/—A. No; other hoys. 

(j. You are not on the council'/—A. No; I d(m’t belon.g that council; the.v 
take good hoys on council, and good talking, (’ouncil open, all talk English, 
not Indian. 

(}. AVhen you talk with one another in business every day what kind of 
lan.guage do you use?—A. Lots of hoys don't talk Haida more than half. 

Q. About half talk English?—A. IMore than half talk English. 

(j. W'hal do the old people talk?—A. The old people talk Haida. 

(). You talk Haida'.-*—A. Yes; and hoys talk English. 

Q. Ai'e you married?—A. No. 

(j. If you talk business over in the store, what do you talk? Suppose you 
go into the stoi-e to buy something from the manager?—A. From the manager? 
(j. From Paul (’harles?—A. He is a .good, smart boy; talk En.glish. 

(j. Su])pose you ,g<» and want to t)uy sugar, do you tell him in English or 
Haida?—A. Old people? 

(j. Same as you?—A. I talk En,glish. 

(j. Do you sometimes talk Haida to him?—A. Yes. 

(}. Do you sometimes talk Haida to Paul (’harles?—A. l^es. 

Q. Sometimes everybody talks Haida?—A. I talk Haida lots of times. 

(J. Have you .got a store over thei'e; who do(*s that store belong to?—-A. Be¬ 
long to Hydahurg town. 

(j. What is the name of the company'/—A. Hydahurg Tradin.g Co. 

Q. Incori)orated company?—A. Yes. 

Q. Who fixed y(»ur company up when it .staided?—A. All the peojile them¬ 
selves. 

Q. Who fixed u]) the papers?—A. The mana.ger in the store. 

Q. I mean for the company to get papers from the (Joviuaiment. from the 
Territory; who was your lawyer?—A. He <lo the bookkeeping and two boys in 
the office. 

Q. Yon don’t understand me; when you incorporated the Hydahurg Trading 
Co., who fixed up all the iiapers to make that company the first time?—A. Ylr. 
Hawksworth. 

Q. AVhat was Mr. Hawksworth’s job at that time?—A. Just look after the 
business for the iirotection of the peo])le. 

Q. For the jirotection of the people he looked after the .business?—A. Just 
bookkeeping for protection when fir.st started, and teaching how to run business, 
Q. He told you how to run it?—A. How to learn business, that is all. 

Q. Was Mr. Hawksworth working for the Government?—A. Government 
man ; superintendent of .schools. 


WICKEPvSHAM VS. SULZER, DECREASED, AND GRIGSBY. 585 

'Q. He is siiperiiiteiuleiit of Iiulioii schools in this i)art of Alaska, now?—A. 
Yes. 

Q, At that time he was in charire of the Indian school at H.vdalnirs? Be¬ 
fore he left Hydahnrji: he had charjje of your school over there and taught you 
how to run the business?—A. .lust teaching jieople. 

<^Q. He told you people how to run that husiness?—A. Yes. 

Q. He kept your hooks?—A. .lust tell how to keep hooks. 

Q. When you started that store over there did Mr. Hawksworth loan you any 
money for your company?—A. No. 

Q. Didn’t the Government loan the Hydahurg Trading Go. money, and you 
^lave paid it back since?—A. No. 

Q. Do you know about that; are you sure?—A. Some men got money the 
time the store start. 

Q. Didn’t the (Tovernment let you have part of the money the first time— 
the Government?—A. No. 

(}. Are you sure about that?—A. No; not sure about that. 

Attorney Cosgkove. The Government didn’t give you any money? 

Answer. No; when first started the people start store. T think about little 
over 300 iieople, and some people i)\it .$500, and some people put .$200, and $100, 
and when first start little over .$4,0<M), and second year i)retty close $20,000. and 
this time .$.55,000; store this time, 1918, Hydahurg Trading Go. 

By Attorney Shoup : 

(>. Do yon know Mr. Hanson, who lives in Hydahurg?—A. Yes; superin¬ 
tendent of school there now. 

Q. Does he take care of the hooks in your store?—A, Works in the school 
all the time. 

Q. Does he go into the store after that and look at the hooks?—A. He comes 
out to the cash register and checks up—over $500 every night. 

Q. Mr. Hanson takes the money out of th.e cash register at night?—A. He 
takes that money al)out 8 or t) o’clock, when store close. 

Q. When the store closes he takes care of the money?—A. Yes; another 
Hydahurg hoy looks after money, too ; his name Bert. Every week that man 
sent to Seattle Bank, send to Seattle .$4,000. 

Q. Who sent it down. Mr. Hanson?—A. Mr. Hanson and Paul (^harles; he 
sign sheet and send. 

Q. They both sign the paper?—A. Y^es. 

Q. Suppose they send a check on that hank down in Seattle?—A. They got 
check on Seattle. 

Q. Suppose the Hydahurg Trading Co. owes you $10; they give you check. 
Who signs that check?—A. Paul Ghai’les, 

Q. Mr. Hanson?—A. No; no power to sign. 

(^>. Mr. Gharles?—A. Paul Gharles manager in store. 

Q. Have you got money of your own in the Seattle hank?—A. Yes. 

Q. In what hank?—A. I forgot what it is. 

(}. You forget the name of the hank ?—A. Biggest any in Seattle, and all 
people keep money in there. 

Q. Who i)uts it in that hank for them, Mr. Hanson?—A. Hawksworth sent it 
when tir$t started. 

Q. And now if you want to put money in the hank now you give it to Mr. 
Hanson?—A. I put in part, 

Q. You give Mr. Han.son and he put in the money?—xV. I put piece.of paper 
out, send money in the hank and then tell all about it, and then sent to Seattle 
haiik and then* they returns the cards, and maybe Seattle bank .send money. 
Then I find out money in the hank. 

Q. You get a receipt from the hank?—A. Yes. 

Q. Have you got a hook?—A. No; I doesn't need money in the hank. I ask 
him when I want it. I don’t need; the hank has money. 

Q. Suppose you want to get money out of that hank—how do you go to do 
iv?—A. I don’t know me, Hydahurg Trading Go. 

(). And the Hydahurg Trading (Jo. takes it out?—A. No; myself. 

(}. From the hank?—A. Yes. 

Q. Do you know the name of the hank your money is in?—A. No; I have 
got my paper in the house. 

O. The Dexter-Horton Bank?—A. I guess it is. 

Q. Do you know?—x\. 5Y^s. Th(‘ Hydahurg Trading f’o. keeps two places 
This money. 


586 


WK'KKKSHAM VS. SULZER, DEC’EASEl), AND GRIGSBY. 


Q. Now, last November yon went np to Snlzer and voted?—A. Last time. 

(L Fifth of Noveml)er, last year, last fall?—A. Yes. 

Q. Last Noveml)(‘r?—A. All boys. 

Q. r>iit you—did you vote for Suizer?—A. Yes. 

(L r>id you live at Hydaburg at that time?—A. Yes. 

Q. Is Hydaburg- an Indian reservation?—A. No; T don’t know. 

(L You don’t know anythinu' about the President leaving that ground for 
the Ilaida ])eople to use—you don't know jinything about it?—A. No; we 
asked lots of times, white men ; people say we are living on reservati<m and 
we ask eouneil talk about it one time and sent down to President Wilson and 
he don’t say much, wbat be answca*. 

(L You wrote Mr. Wilson and be didn’t have mueb to say about it?—A. We 
ask him. 

(). What did he say?—A. lie never say anything. 

(). He didn’t, answer?—A. I don’t know anything about it. 

(L Now. .Tim, I want to ask you bow you voted when you went to Suizer— 
1)1(1 you vote for ]Mr. Snlzer?—A. Yes. 

(}. Do you read?-—A. Sign my name, that is all. 

(). How do you know you votcM for r\Ir. Sulzei’?—A. I kmnv. 

(^. Who fixed your vote for you—your voting paper?—A. Well, I think a 
fellow—I don’t know bis name—that fellow. 

Q. .Tudge of election?—A. No; another man. 

(}. Did they have little booths there—little place ovei* one side of the room?— 
A. Two 1 ‘ooms. 

(). Did you go in that room and hx your paper?—A. I went next room. 

(L Did one man go with you?—A. No; four of them there, and I don’t 
know how many boys. 

Q. Did they have three men —judges of that election—three white men?— 
A. Yes; white men. 

(>: Tbi’ee of them?—A. Yes. 

(). Did one of those thn-^e men make a mark for you and vote for Mr. 
Suizer?—A. No; be don't know anything about it; I stand next room. 

(L AVho fixed u]) your i)ai)er for yon'.''—A. I don't know the fellow—white' 
man. from Suizer. 

Q. Put one man tixed it?—A. G)nly way (say) sign them my name. 

Q. Did you have a ballot?--A. Wliat? 

Q. Did you have a ballot to vote? Don’t you know what a ballot is?—A. No. 

Q. Did they give you a long strip of paper about that long [indicating]?— 
Yes. 

Q. AVith some names on it?—A. IMake mark in front name we pick for Alaska. 

Q. Yon got a paper with lots of names on it down the side, and did yon vote 
for one man by marking it like that [indicating]?—A. Yes. 

Q. Y<m put mark in front of ]\fr. Snlzer’s name?—A. I'es. 

Q. Yon put that mark?—A. I take (make) that myself. 

(). AATio told yon where to put it?—A. I know a little bit. 

Q. Did somebody stand by yon when you did it?—A. No. 

Q. AA’hat office was he running for? AVhat is his job when you votc'd for 
him?—A. Mr. Sulzer’s what for? 

Q. Y^es.—A. Delegate from Alaska. 

Q. AA'here to?—A. Congress. 

Q. United States Congress?—A. Yes. 

Q. Did you vote for somebody for the legislature?—A. Yes. 

Q. You voted for somebody for the Alaska Tjegislature did you?—A. No; Mr. 
Suizer, that is all. 

Q. Yhni voted, one?—A. T pick another man; T forget his name. 

Q. Do you know Mr. Britt?—A. Y^es. 

Q. Did you vote for him?—A. Y’'es. 

Q. And what was he running for?—A. I forget that time’; I know T pick out 
two men’s names. 

Q. Do you know Ylr. Casey?—A. I don’t know him. 

Q. Only voted for two men ?—A. Yes. 

Q. AYho told you to vote for those two men?—A. Nobody. 

Q. AVho did you talk with about it?—A. The people say in Hydaburg, so they 
tell what time, what day the election for Suizer. 

Q. Did Mr. Hanson tell you about it?—A. No; he don’t go. 

Did he tell you ^Ir. Sidzer is a good man?—A. No; he don’t tell nobody. 
I voted myself. 


WICKERSHAM YS. SULZER, DECEASED, AND CxRTGSBY. 587 

Q. Do you know how the town is incorporated over there? Who j?ave von 
authority to have a mayor and council?—A. No. 

Q. Js that incorr)orated as an Indian town?—A. I don’t know what von mean. 

Would any white man he allowed on the council in Dvdahurg*?—A No - all 
Ilyda people. 

Q. No white man elijrible. Any women on the council—any ladies'?—A No • 
all yonn^j people. ’ • • » 

Q. No white men? If Mr. Cosgrove lived in Hydahnrg would he he allowed 
on the council?—xV. No. 

Attorney Cosgrove. How much money have you got in the hank? 

A. I wont tell anybody. 

Attorney Cosgrove. xVllow me to withdraw that question. 

Attorney Shoup. We object to that question being withdrawn. 

Attorney Cosgrove. How much of a stock have you got in the Hydahnrg Trad¬ 
ing Co., how much money? 

A. I don’t know. 

Attorney Shoup. How much dividends did you get last year? 

A. You go in office, you find on hook. 

Attorney Cosgrove. He is afraid of you, too. 

Ry Attorney Shoup : 

Q. How much were the dividends last Christmas you got from the Hydahnrg 
Trading Co. ?—A. I don’t rememher ; I don’t know how much. 

Q. You don’t rememher? Mr. Hanson keeps the hooks in that store?—x\. An¬ 
other hoy he keeps hooks. 

Q. xVnd he assorts the cash?—A. The cash register. 

Q. And he is treasurer?—A. Yes. 


Subscribed and sworn to before me this 16th day of October, 1919. 


9 

Notary Ptihlic. 

Exhibit xV. —Asficssiniciit roll, town of Ketchikan, .June J, 1918. 


To whom assessed. 

Description. 

Realty. 

Per¬ 

son¬ 

alty. 

Total 

valua¬ 

tion. 

Tax. 

Date of 
j^ayment. 

Fawcett, Mathew... 

Cabin, tract of lot 15, block 2.S... 

SlOO 


*100 

*2.00 

Sept. 3,1918 

Joe, John. 

Cabin, tract of lot 19, block 17... 
House, tract of lot 19, block 17.. 
Shop building, tractlot 10, block 
28; machine-shop equipment. 

100 


100 

2.00 
4.00 

iNov. 4,1918 
Oct. 1.5,1918 
Sept. 23,1918 

Geo. Johnson. 

200 


200 

Caspar Mather. 

350 

S200 

559 

11.00 

Mather, Paul. 

House, tract of lot 15, block 28; 
merchandise, groceries. 

2.50- 

200 

4.50 

9.00 

Oct. 21,1918 

Mos"s, Andv. 

• House, lot 5, block 28. 

300 


300 

6.00 

Oct. 12,1918 
Oct. 28,1918 
Oct. 11,1918 
Sept. 13,1918 
Oct. 17,1918 
2 Nov. 4,1918 
Oct. 15,1918 
Sept. 26,1918 

McKay, Phil. 

House, Willie Brown tract. 

200 


200 

4.00 

11.00 

Bid lev, l-? n])t. 

House, lot 2, block 27. 

,5.50 



Ridley, Man on. 

Plouse, tract of lot 5, block 26.... 
House, lot 1, block 11. 

250 


250 

5.00 

Sa.yles, .I.a<?.H^. . 

1,30() 

75 


1,300 

26.00 

Starr, Jimmie. 

Cabin, Willie Brown tract. 


75 

1. .50 

Starr, Joe. 

House, lot 16, block 17. 

.500 


.500 

10.00 

Williams, Geo. C — 

Housed Mahoney Heights. 

700 


700 

14.00 


1 Penalty, SO.30. 2 Penalty, .SO.25. 


Territory of Alaska, 

Town of KetchiJcan, ss: 

I, xV. It. Larson, treasurer of the town of Ketchikan, xMaska, do hereby cer¬ 
tify that the aliove statement correctly and truly shows and is a true coiiy of 
the items giving the names of certain named i)roperty <evners in Ketchikan, 
the descrii)tion of the property assessed to each of them, the values thereof, 
the amount of the tax thereon and the ^rlate of payment theieof, for the year 
1918, as shown upon the official tax records of said town in my iM)ssession as 
such treasure!-. 

In witness whereof I have hereunt(» set my hand at Ketchikan, Alaska, this 
10th day of October, 1919. 

A. R. ] ./ARSON, 

Town Treasurer, Ketchilcan. 

















































588 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


CERTIFICATE. 

Tekkitory of Alaska, 

Town of Ketchikan, ss: 

I, Will H. Winston, a notary public in and for the Territory of Alaska, do 
hereby certify that pursuant to notices, hereto attached, depositions were 
taken as follows before me, at my oflice in the municipal maj^istrate’s office, 
in the town of Ketchikan : 

October 8, 1919: W. H. Ilannum, INIrs. Ida Haniium, W. C. Dihrell, Charles 
Starish, .limmie C. Starish, II. K. llafl’elson, Charles Deppe, Sam Olson, W. B. 
Sharjie. 

October II, 1919: Ben Ridley, Ceor^je Booth, Henry Schafer, Louie Hud¬ 
son, Oeoi'fjje Johnson, James Starr, Paul Mather, Casjier Mather, Joseph .Tohn, 
Edward R. Ridley, Herman Ridley, Joe Starr, Georjje Keepin, Geoi\i?e .Tames, 
William T. Mahoney, Geoi-ji'e B. Griijshy, .Tames Wickersham, E, C, Austin. 

October 13, 1919: Mark Williams 

October 15, 1919: J. W. Bell, Rufus Iklenshaw. 

October 16, 1919: Walter Frank, Jimmie Wallace, 

That the said witnesses were by me duly sworn to tell the truth, the whole 
truth, and nothin^:: hut the truth iu said matter; that said depositions were 
taken by a stenoj?rai)her in my i)resence, and the witnesses have, with the 
following excejitions, after having read their testimony, in my presence sub¬ 
scribed and sworn thereto before me as such notary public. 

Depositions unsigned: 

H. R. Ratfelson. Signature waived by agreement. 

Ben liidley. Witness has failed to appear. 

Louie Hudson. AVitness has failed to appear. 

James Starr, Witness has failed to appear, 

Joseph John. AVitness has failed to appear. 

Alai-k AAJlliams. AAhtness has failed to appear. 

AA’alter Frank. AAhtuess has failed to appear, 

Jimmie AA5dlace. AAb’tness has faile<l to appear. 

In witness whereof 1 have hereto set my hand and notarial seal this 21st 
day of November, 1919. 

[seal.] AATll H. AATnston, 

Notarii Public for the Territory of Ala.ska. 

My commission expires .Tune 12, 1921. 

NOTICE OF TAKING DEPOSITION. 

To JamvH Wickersham, contestant, and (ieorye A. Jeffrey, his ayent aft con¬ 
stituted by that certain ayreemetit dated at Washinyton, I). C., July 28, 1919, 

between James Wickersham, contestant, and Gcorye B. Griysby, eontestee: 

You and each of you are hereby notified that the deposition of .John J. Reagan, 
of Juneau. Alaska, now iu AAbishingtou. D. C., will be taken before K. A. 
Grace, a notary public in and for the District of Columbia, at her office at 
Room 705 Colorado Building iu the city of AA5ishingtou, D. C., at the hour of 
10 o'clock a. UL, on the 9th day (»f October, 1919, to be read iu evidence in the 
above-entitled proceeding on behalf of the said Geoi-ge B. Grigsby, eontestee, 
and that the taking of said disposition will be continued from day to day there¬ 
after, and over Sundays and other holidays, if any, until the taking of the same 
shall have been completed. A'ou are reipiested to have your attorney or agent 
present to cross-examine said witness. 

Dated this 6th day of October, 1919. 

George B. Grigsby, Contestee. 

By .Tno. j. Reagan, Ayent. 

Received copy this day. 

G, A. Jeffery, 

Ayent of James Wickersham. 

October 7, 1919. » 

United States of America, 

District of Columbia, ss: 

.Tno. J. Reagan, being tii-st duly sworn, deposes and says that be is the duly 
appointed agent for George B. Grigsby, eontestee mentioned in the attachell 
instrument iu said contest; that in the city of AAuisliington, D. C., on the 7th 


WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 589 


(lay of October, 1919, he personally served the attached instrument, being notice 
to take deposition on George A. Jeffrey, the duly appointed agent of the said 
James Wickersham, contestant therein, by delivering to and leaving with the 
said George A. Jeffrey a full, true, and correct copy thereof, between the 
hours of 9 a. m. and 5 p. in. of said day, he being the person designated by the 
said contestant upon whom to make such service. 

Jno. J. Reagan. 

Subscribed and sworn to before me this 9th day of Octobei’, 1919. 

[seal.] Katharine A. Grace, 

Xotarif Public in and for the District of Columbia, U. S. A. 

Testimony of John J. Reagan, taken at the oliice of K. A. Grace, 705 Colo¬ 
rado Building, AVashington, D. C., on October 9, 1919, at 10 o'clock a. in., 
pursuant to the attached notice and proof of service. 

I'resent: Jolm J. Reagan, agent representing Mr. Grigsby under stipulation 
entered into on the 28th day of July, 1919, between the parties hereto, at 
AVashington, D. C., and George A. Jeffery, representing Air. AVickersliam as his 
agent under the stipulation above recited. 

DEPOSITION OF JOHN J. REAGAN. 

JOHN J. REAGAN, being duly sworn, testifies as follows: 

That in the year 1918, and on the 5th day of November, 1918, he was the 
assistant United States attorney for the first judicial division of the Terri¬ 
tory of Alaska, and that James A. Sniiser was then and there the United 
States attorney for the first judicial division of Alaska. 

That the statements and allegations made in the specilications of the 
ground upon which the contestant, James A. AAJckersliam, relies in his con¬ 
test herein stated in paragraph 9, as appears in House Document No. 74, 
being the contest instituted against Charles A. Sulzer, and by agreement of 
parties consolidated with a contest against George B. Grigsby and made part 
of the same contest, are not true. 

That he did not on the 5th day of November, 1918, or at any other time, go 
to the balloting place in Douglas No. 2 voting iirecinct, on Dcuiglas Island, 
Alaska, at the time of holding the election for Delegate to Congress from 
Alaska, or at any other time, and induce and procure the Indians mentioned 
in said paragraph, or anyone else, to cast their ballot for Charles A. Sulzer 
or for anyone else; and he did not go to said balloting place and did not 
induce said persons to cast their votes for said Sulzer “ knowing that said 
Indians were not citizens of the United States and were not entitled to vote 
at said election,” and he did not then and there or at any other time over¬ 
awe the judges of election at the said election i)recinct, and he did not then 
and there or at any other time persuade the judges of said election, contrary 
to the personal judgment of the said judges of election, or otherwise or at 
all, to persuade the said Indians to so vote at said election. That he did 
not induce or procure anyone at all to vote in said election. That he did not 
know the Indians mentioned in said allegation, to wit, (ffiief Jimmy Fox, 
Daniel Josephs, Gilbert Jackson, W illiam Brady, Edward Alarshail, John WTllis, 
and John Harris, or any (jf them, and he never spoke to any of said Indians 
on any subject within his recollection. 

Deponent further says that on the morning of the election mentioned in said 
paragraph, to wit, November 5, 1918, he was in his office in the courthouse in 
Juneau, Alaska ; that James A. Smiser, mentioned in said paragraph, was also 
in said office; that some time before noon of that day the governor of Alaska, 
.lames Riggs, jr., accomiianied by one Seward Koons came into said office ami 
asked both Air. Smiser and deponent what the law was in regard to the rights 
of Indians to vote; that thereupon either himself or Air. Smiser i-ead to the 
govei-nor from Section \ l of the act of February 8, 1887, at page .58(1, A’olume I, 
of Supplement to the Revised Statutes of the United States, as follows: 

” Every Indian boiai within the territorial limits of the Ihiited States, who 
has voluntarily taken ui) within said limits his n'sidence separate and apart 
from any ti’ibe of Indians therein and has adopted tlu‘ habits of civilized life 
is hereby declared to be a citizen of the United States and is entitled to all the 
rights, priviU^ges, and immunities of such citizens, whether such Indian has 
been or not by birth or otheiavisi^ a meml)er of any tribe of Indians within the 
teriitorial limils of the United States without in any manner impairing or 
otherwise affecting the rights of such Indians to tribal or other property.” 


590 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Thereupon at the request of the governor the language of said statute as 
read was written on a slieet of paper, and an opinion suhstantiallj' to this effect 
was added thereto: “ Tliat it is the ojjinion of this oHice that any Indian wlio 
has conformed to tlu‘ reciuireinents in said statute sec lortli is a citizen of the 
United States if horn wit inn the limits of the United States and that he is en¬ 
titled to vote.” A form of aflidavit was ap])ended thereto to this effect: 

“ I am an Indian born within the limits of the United States. I have volun¬ 
tarily taken up my residence separate and apart from any tribe of Indians 
therein and have adopted the habits of civilized life, and assert my right to 
vote in any election and the right to swear in my vote if challenged as any 
other citizen.” 

At the request of the governor some copies of this were made and sent to 
the judges of election of the various precincts in Juneau and Douglas. De¬ 
ponent himself carried copies to the Douglas precinct, as there was nobody 
else to send. At the Douglas precinct, which had its voting place at the tire 
station house, the judges said they were very glad to receive such opinion as 
they did not know what to do in case of Indians asking to vote. At the other 
precincts, the voting place of which was in the natatorium, this opinion was 
also left and the judges of election there also expressed their satisfaction at 
receiving it. As he was leaving that precinct some one there, laughing, in a 
manner which deponent took to be a joke, said, “ Who are they going to vote 

for?” to which deponent replied, “That is none of my d- business.” He 

immediately left Douglas and returned to Juneau. Deponent states that he 
knows personally that Mr. Smiser was not in Douglas on that day; he also 
knows that Mr. Smiser did not see or talk to any Indian at any time that day 
unless it was during the time deponent was in Douglas, and as he found 
Mr. Smiser in the office upon his return from Douglas deponent does not believe 
that said Smiser left the office at all. 

As to the allegations in paragraph 10 of said speciffcations in the same 
document, deponent does not know any of the Indians mentioned therein except 
Jack Gamble and Charlie Gamble, and possibly John Harris, if the .John Harris 
mentioned therein is the same .John Harris who acts as interpreter in the 
courts. In that case, he knows Harris; otherwise not. The two Gambles he 
knows by reason of their having been witnesses in cases which deponent tried 
in the court. Deponent never spoke to any of the persons mentioned in said 
paragraph at any time on the subject of voting at all, either then or at any 
other time; he did not go to any polling place in the city of .Tuneau on said 
election day at all; he did not induce any Indians whatever to cast their 
ballots in said election for any per.sons whatever, and he did not request them 
to vote for any of them. Deponent states that he did not directly or indi¬ 
rectly suggest to any Indian that he vote either in Juneau or in Douglas, either 
on that day or at any other time; that he did not by virtue of his official 
position or otherwise overawe or attempt to overawe any of the judges of 
election at said election or at any other election or election precinct, and he 
did not then or at any other time persuade the judges of election contrary to 
their personal judgment or otherwise to permit the said or any other Indian to 
vote at said election, nor did James A. Smiser, so, far as dei)onent was able 
to ascertain : but deponent al)Solutely knows that said Smiser did not do so 
in Douglas for he was not there, and with the exception of the time consumed 
in dejjonent’s going to Douglas Smiser was not out of deponent’s sight all of 
election day; deponent does not know that said Smiser was not out of the 
office at such time, but believes that he was not at that or at any other time 
during the day while the polls at such election were open. 

Deponent further states that he did not, by reason of his official position or 
otherwise, or at all, overawe oi‘ attem])t to overawe any judge of any election 
on said day or at any other time, and that he did not persuade or attempt to 
persuade or suggest to any judge of any election on that day or otherwise or at 
all, contrary or otherwise to his personal judgment to permit said or any 
Indians to vote at said election or at any election. 

Deponent further says that he has lived in Juneau since 1918; that most of 
the Indians do not maintain tribal relations in said neighborhood; that they 
occupy houses, eac-h family living separately in its own house; houses con¬ 
structed the same as any other houses in Juneau and furnished likewise; that 
Ihey are engaged in working in the mines and on the bonts and along shore 
and in fishing and hunting the same as the white man; that they receive the 
same wages as the white man; that they have their schools and churches; and 



WICKEKSHAIM VS. SULZEE, DECEASED, AND GRIGSBY. 


591 


that in tho opinion of deponont tlie majority of the Indians in the neijiiihorhood 
■of .Iiinean and Douglas liave complied with all of tlu' recpdrenients of the sec¬ 
tion of the law hei’etofore set forth herein. 

Deponent has no personal knowledj^e that any Indian voted in said election. 

Jno. J. Ueagan, 

(Cross-examination waived and witness excused.) 

I, Katharine A. Grace, a notary i)nl)lic in and for the District of Colnmhia, do 
hereby certify that in accordance with the attached notice, the above-named 
witness, .lolin .1. Iteajian. was by me first duly sworn to testify the truth, the 
whole truth, and nothinj:: hnt the truth. 

That the foregoinj^ dei)osition by him subscribed was reduced to writing h.v 
me, and by said witness subscril)ed in my i)resence, and was taken h.v agreement 
at the time and i)lace specitied. 

In testimony whereof I have liereunto set my hand and official seal this 9th 
‘day of October, A. D. 1919. 

[seal.] Katharine A. Grace, 

Notary Public. 

NOTICE OF TAKING UEPOSITIO.NS. 

To the honorable Jame.^ Wickershatn. contestant, and to J. L. Reed, Esq., his 

duly authorized agent: 

You and each of you will jilease take notice that the testimony by deposition 
of the hereii after-named witnes.ses, on lieluilf of the above-named contestee, 
will he taken before Frank .1. Hayes, a notary public for the Territory of 
Alaska, at his office in the town of Valdez, Alaska, at the hour of 10 o'clock in 
the forenoon on the 11th day of October, 1919, and continuing from day to da.v 
thereafter until all of .said depositioi s are taken. That the names of said 
witnes.ses are as follows, to wit: T. J. Donohoe, II. B. Selby, Hamner Huston, 
Anthon.v J. Dimond, Harr.v Shutts, Charles E. Bun: ell. 

Hereof you will take due notice. 

George B. Grigsby, Contestee. 

B.v Anthony .T. Dimond, 

Agent and Attorney for Contestee. 

Service of the foregoing notice is hereby acknowledged and accepted at 
Valdez, Alaska, this 29th day of September, 1919. 

.Tames Wickersham, Contestant. 

By .7. L. Reed, 

Authorized Agoit for Contestant. 
notice of taking deposition. 

To the honorable Janies Wickersham, the abore-nanicd contestant, and to 

J. L. ReeJ, Esq., his duly authorized agent: 

You and each of you will please take notice that the testimony by deposition 
■of Aaroiiy^E. Rucker, a resident of Valdez, Alaska, and a witness on behalf 
of the ahove-named contestee, will he taken before Frank .1. Hayes, a notary 
public for Alaska, at his office at Valdez, Alaska, at the hour of 3.20 o’clock in 
the afternoon of the 7th day of October, 1919. 

George B. Grigsby, Contestee. 

By Anthony .T. Dimond, 

Agent and Attorney for Contestee. 

Service of the foregoing notice is acknowledged and admitted this 6th day 
of October, 1919, at Valdez, Alaska. 

.Tames Wickersham, Contestant. 

By .T. I... Reed, 

Authorized Agent for Contestant. 

Be it rememhereil: That pursuant to the statutes of the United States gov¬ 
erning cont(^sted-e’e:tion cases in the election case and i»roceedings of .Tames 
Wic’Kersliam, c(nite.staiit, r. Charles A. Sulzer, contestee, and .Tames Wickersham, 
eorte.stant, v. George B. Grigsby, conte.stee, conte.sting the right to a seat as 
Delegate from the Territor.v of Alaska to the House of Reiu’esentatives of the 
United States, and iiursuant to the hei-eto annexed notice of taking of deposi¬ 
tions on behalf of George B. Grigsby, the contestee, there appeared before 


592 WICKERSHAM VS. SULZKR, DECEASED, AND GRIGSBY. 


ino, Frank .1. Hayes, a notary pnblie for Alaska, at iny oflioe at Valdez, Alaska, 
the folloAYini;-nanu‘(l witi esses and other persons on the several dates herein¬ 
after set out, to wit: 

On October 7, 1919, there appeared before me A. E. Rucker, the identical 
witness named in the hereto annexed notice, the date and service of which is 
acknowledged on the Gth day of Octobei*, 1919, and at said time and place 
also ai)peared .1. E. Reed, Esq., aid E. E. Ritchie, Esq., attorneys for .lames 
Wickersham. contestant, and Anthoi y .1. Dimond, attorney for Oeorjje B. 
(Iri^sby, contestee, and thereupon the said A. E. Rucker was sworn by me to 
tell the truth, the whole truth, and nothii ^ but the truth and pive his deposi¬ 
tion as hereinafter set out. The direct interroijatories bein,^ propounded to 
him by the attorney for the contestee and the cross interrogatories being pro¬ 
pounded to him by the attorreys for the contestant. 

That thereafter, and on October 11, 1917, at the hour of 10 o’clock in the 
forcmoon, at my said office, appeared Hamner Houston and Anthony .7. Dimond, 
two of the identical witnesses named in the hereto annexed notice of contest, 
service of which is acknowledged under date (d .September 29, 1919. There 
also ajqieared .J. L. Reed, Esq., and E. 7]. Ritchie, lOsq., attorneys for the said 
contestant. Thereuixni the said Hamner Houston and Anthony .7. Dimond 
were by me duly sworn to veil the tiaitli, the whole truth, and nothing but the 
truth, and gave their depositions as hereinafter set out. The direct interroga¬ 
tories being propounded to the said Hamner Houston by Antbony .7. Dimond, 
wbo. was attorney for the contestee, and the cross-interrogatories being pro- 
])ounded to the said Hamner Houston by said attorneys for the contestant. 
.Vfler the taking of the depositions of the said flanmer Houston and the said 
Anihony J. Dimond, with the consent of all the i)arties thereto, the taking of 
said depositions of the other witnesses named in said notice was continued 
until the hour of 5 o’clock in the afternoon of October 13, 1919. 

That thereafter, and at the hour of 5 o’clock in the afternoon of the 13th 
(lay of October, 1919, there appeared before me at my .said office Charles E. 
Bunnell, one <>7 the identical witne.sses named in said notice. Also appeared 
.7. Reed, hlsq., attorney for the said .fames Wickersham. contestant, and T. .7. 
Donohoe, 71s«|.. attorney for the said George B. Grigsby, contestee. Thereupon 
the said Charles 7]. Bunnell was duly sworn by me to tell the truth, the whole 
ti nth, and nothing else but the truth, and gave his depositio]i, as is hereinafter 
.set out. The direct interrogatories being propounded to him by said T. .7. 
Donoboe and’the cross-interrogatories being propounded to him by the said 
.1. L. Reed. At the close of the taking of the deposition of the said Charles 7-^. 
Bunnell, with the consent of all the parties thereto, the taking of the deposi¬ 
tion of H. B. Selby, one of tlie witnesses named in said notice was continued 
until October 1919, at the hour of o.30 o’clock in the afternoon of said date. 

That thereafter and at the hour of 0.30 o’clock in the afternoon of the 1.5th 
day of Octobt'r, 1919, there appeared before me at my said office. Id. B. Selby, 
one of the identical witnes.ses named in said notice, al.so appeared Anthony J. 
Dimond, Tlsq., attorney for said George B, Grigsby, contestee, and ,7. L. Reed, 
Esq., attorney for .fames Wickersbam, contestant. Thereupon the said H. B. 
Selby was by me sworn to tell the.trutb, the whole truth, and nothing but the 
truth, and gave his deposition as is hereinafter set out. The direct interroga¬ 
tories were propounded to said witi ess by the .said Anthony ,7. Dimond, attorney 
for contestee, and the cross interrogatories were propounded to said witness by 
.7. E. Reed. 7]sq., attorney for cvuitestant. 

Thereupon the taking of depositions on behalf of the contestee before me was 
closed. That said depcvsitions, and all of them, together with the exhibits 
mentioned therein, each exhibit being signed by me for identification, are as 
follows, to wit: 

DEPOSITION OF A. E. EUCKEK. 

A. 7]. Rl CK7]R, a witness called in bebalf of tbe contestee, being by the no¬ 
tary tirst duly sworn to tell the truth, the whole truth, ami nothing but tbe 
truth, testitied as follows: 

Direct examination by INIr. Diimond : 

Q. State your name, age, and residence?—A. A. 71. Rucker; 23 years old; 
residence, Valdez at the present time. 

(}. Were you one of the judges of election at the Valdez Bay voting precinct 
in the November, 1918, election?—A. I was. 


598 


WlCKERSHAxM VS. SULZER, DECEASED, AND GRIGSBY. 

(.}. Who were the other judges of election?—A. Lysle D. Brown and Edward 
1\ Cashnian, 

Q. Where were you livirg at that time?—A. I was living at Fort Liscum. 

Q. How long had you been at Fort Liscum and how did you come to go 
there?—A. 1 was drafted from the Valdez hoard and reported at Fort Liscum 
July 9, 1918. 

(}. IR'fore going to Fort Liscum where had you resided for several years?— 
A. Valdez. 

Q. How long had you resided at Valdez?—A. Since August 1, 1910. 

Q. I herewith hand you an election register and tally hook of the November, 
1918, election for the Valdez Bay votirg precinct and desire to call your at¬ 
tention to the tirst name written thereon, Fred C. Hartman. Do you know 
that man?—A. Yes, sir. 

Q. How long have you known him?—A. To my knowledge I became aCr 
(luainted with Ylr. Hartman at Fort Liscum. 

Q. When was that?—A. It was during the summer months I know in 1918—I 
don’t remember what month exactly. 

Q. Do you know how long Hartman had been at Fort Liscum prior to No¬ 
vember .1, 1918?—A. 1 know he had been there for at least (50 days, anyhow. 

Q. Do you know from what place he was inducted or drafted?—A. He was 
inducted by the Valdez board and reported from Wilson’s Camp at Fidalgo Bay. 

(C That is about 50 or GO miles from here?—A. Yes, sir. 

Q. Do you know whether or not he had resided in Alaska indor to the time 
of his induction?—A. I have talked to Mr. Hartman, and in fact have worked 
with him for two months since then, and he has been in Alaska, from my con¬ 
versation with him, about 12 years, I think. 

Q. Take the next man.—A. C. A. Edmund. 

(i. W as he an inducted man at the post?—A. Y>s, sir. 

Q. How long had he been at Fort Liscum prior to November 5, 1918?—A. He 
had been there from some time in September, I think. 

Q. Do you know whether he was a resident of Alaska [it the time of his 
induction?—A. Yes; he was inducted, I believe, fioni the Cordovii hoard or 
Kennecott, somewhere in the Copper River region. 

C>. What rank did you hold at Fort Liscum?—A. I was acting sergeant major. 

Q. And did you have access to the records of these various men?—A. Most 
of these men I met at the dock when they arrived and conducted them to the 
quarters and had interviews with most of them and made out their Army 
service record and handled their draft papers from start to tinish. 

Q. Take the next man.—A. H. M. Lawrence. 

Q. Who is he?—A. H. M. Lawrence was inducted from La touche—he was 
working at Latouche and was inducted by the Valdez board. 

'q. How long had he been at Fort Liscum prior to this election?!—A. I am not 
sure of the date this man reported, but it was some time in August, I believe. 

Q, Are you sure it was more than 30 days prior to the election?—A. Yes, sir; 
I am sure it was more than 30 days. 

Q. Do-you know how long he had been in Alaska prior to his induction?—A. 
No ; I do not; but I know he had been employed at Kennecott some time before 
he went to Latouche; so he had been in Alaska for some time. 

Q. The next man.—A. E. C. Reuter. 

Q. Where was he residing at the time of his induction?—A. Valdez. 

Q. He was inducted by the Valdez board?—A. Y^es, sir. 

c}. Do you know tbe date upon which he tirst went to Liscum?*—A. It was 
along some time in July. 

(L And he remained there continuously until after the election?—A. Y^es, sir. 

Q. Is the military post at Fort Liscum entirely within the Valdez Bay voting 
precinct?—A. The Valdez Bay voting precinct is the one established at the 
Granby. 

Q. Yes; the one where you acted as judge. Is the military post at Liscum 
entirely within that precinct?—A. Yes, sir. 

(j. And all of these men you liave mentioned were stationed at Fort IJs- 

ciiin?—A. Yes, sir. 

(}. And were in the military service. United States Army?—A. Y'es, sir. 

Q. Take the next man.—A. Jerry T. Allen. 

Q. Do you know anything about his induction or enlistment, as to where it 

took place? A. Jerry" T. Allen originally must have enlisted somewhere in 

the States. He is an old soldier and only has a few more years to serve. 

38 


151279—20 



591 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


He had been reenlisted, I believe, in Alaska, because he had been in Alaska, to 
my knowledge, three years prior to this election. 

Q. And had been at Fort Liscnm continuously all the time?—A. Yes, sir. 

Q. What is the next name?—A. Pete Tessitore. 

C>. From what place was he inducted or enlisted?—A. When drafted he was 
working at the Treadwell mines as a bulldozer, that is in southeastern Alaska, 
and he came to Fort Liscuni sometime in June. 

Q. And remained there continuously until subsequent to this election.—A. 
Yes, sir. 

Q. You have no knowledge, I suppose, how long he had been in Alaska prior 
to his induction?'—A. No; I don’t know. 

(,). Who is next?—A. John Turner. 

(h Do you know at what place he was inducted?—A. I don’t remember what 
place he was i.nducted; I remember handling his induction papers which were 
Alaskan draft papers. 

Q. He was dratted somewhere in Alaska?—A. He was drafted somewhere in 
Alaska, I believe from the Cordova region. 

Q. On or about what date—can you state positively whether it was more 
than 30 days prior to the election?—A. Yes, 1 can; because we received very 
few men at Liscum after October. 

The next man.—A. Charles Wyatt. 

Q. Do you recollect from what place he was drafted?—A. He came from 
the Cordova or Copper River region, drafted by the Cordova or Kennecott 
board, I forget which. 

Q, How long had he been at Liscum prior to November 5, 1918, or about how 
long?—A. He had been there more than 30 days to my knowledge. 

Q. Do you know how long he had been in Alaska prior to his induction?— 
A. From my acquaintance with Wyatt, from his talk, I judge he had been in 
Alaska for some time. 

Q. The next one.—A. John D. Chamberlain. He was drafted from the west, 
above Anchorage somewhere. 

(j. That is in this Territory of Alaska?—A. Yes, sir. 

Q. About what time?—A. During the summer months, August or September, 
I thiid^, 1918. 

C>. Do you kno^^' how long he had been in Alaska before his induction?—A. 
No; I do not. 

Q. Take the next one.—A. Frank Forker. He was residing somewhere in 
the west—I believe he comes from the Kodiak, Alaska, region. 

Q. Had he been at Fort Liscuni more than 30 days prior to the election?—A. 
Yes, sir. 

Q. Who’s next?—A. .Tohn T. McEvoy. He was a soldier at Fort Liscum. 

(j. And how long had he been at Fort Liscum?—A. He had been there about 
two years I know of; he came to Liscum with the Fourteenth Infantry. 

(L He had been at Liscuni about two years prior to this election?—A. Yes, 
sir. 

Q. And was enlisted from Kodiak, Alaska, or somewhere in that vicinity?—• 
A. No; he was an enlisted man from the States. 

Q. You don’t know whether he ever reenlisted in Alaska or not?—A. No; I 
do nor. 

Q. The next one.—A. Patrick McDermott. 

Q. \Mis he inducted from Alaska?—^A. Yes, sir. 

Q. Do you know what part of Alaska he came from?—A. I am not positive 
as to the region from which he came. 

Q. Do you know whether he was at Liscuni for 30 days prior to the election?—- 
A. I am (luite sure he was there more than 30 days—I was trying to think of 
the correct date, but the dare when these different men arrived has escaped me. 

Q. Th next one.—A. Frank Poore. 

(h Was he a soldier in the Army at the time of the election?—A. Yes, sir. 

Q. Stationed at Fort Liscum?—A. Yes, sir; stationed at Port Liscuni. 

<F How long had he been there?—A. He had been there since about August 
or September. 

Q. From what place was he inducted?—A. Kennecott. 

Q. Do you know how long he had been at Kennecott prior to his induction?— 
A. No, sir; I do not. 

Q. The next one.—A. Claude James. 

Q. Where was*he living or residing at the time of his induction at Fort 
TJscum?—A. I am not familiar with where he came from; I am familiar with 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 595 

his name, having handled his draft papers—what region he came from I don't 
know. 

Q. Do you know whether he came from Alaska or the outside?—A. Alaskan 
draft. 

Q. Had he been at Fort Liscum more than 30 days prior to the election of 
Novenil)er 5, 1918'?—A. Yes, sir. 

Q. Who is next?—A. Eric Myhberg. 

(}. Was he an Alaskan drafted man?—A. Yes, sb. 

Q. ^^'hat section of the country did he come from?—A. Kennecott. 

(i. Do you know how long he had lived at Kennecott before his induction?— 
A. No; I know he was employed as a carpenter at the Kennecott mine when 
drafted. 

Q. ^^'as he at Fort Liscum more than 30 days prior to this election'?—A. He 
was there from some time in .June, 1918. 

Q. The next one?—A. A. .1. Penttinen. 

Q. From what place was he inducted?—A. He came from southeastern 
Alaska, I believe Ketchikan. 

Q. He Was drafted from Alaska, from some part of Alaska?—A. He was; 
yes, sir. 

Q. Had he been at Fort Liscum more than 30 days prior to the election of 
November 5, 1918?—A. Yes, sir. 

Q. Do you know how long he had lived in Alaska before induction?—A. No. 
sir; I do not. 

(J. Next one. —A. Edward P. Caslimaii. 

He is a civilian?—A. He is a civilian residing at the Granby mine. 

(>. He was one of the judges of election?—A. Yes, sir. 

(}. Who is next?—A. Lysle D. Brown. 

Q. W'ho was he?—A. He was one of the judges of election and was a soldier 
in the service, a draftee from the McCarthy board. 

Q. ^McCarthy is in the Territory of Alaska?—A. l"es, sir. 

Q. Do you know how long he had lived in Alaska before he was inducted?— 
A. No; but to my knowledge he had been in Alaska for some time he was a 
freighter, engaged in freighting in the interior. 

Q. Was he at Fort Liscum more than 30 days prior to the election?—A. Yes, 
sir. 

Q. Who is next?—A. A. E. Rucker. 

Q. You have told about your residence?—A. Yes, sir. 

Q. Next. —x\. Sam Campbell. 

Q. Who is he?—A. He is a civilian employed at Liscum, a civilian employee 
stationed at Fort Liscum, a civil-service employee. 

Q. Who is next?—A. .Joseph Newman. He is fireman on the Donaldson 
and a soldier in the United States Army. 

(i. How long had he been at Fort Jascuni?—A. I am not positive, but it has 
been at least five years. 

Q. Do you know whether he ever reenlisted there?—A. I think he did, but 
I am not positive of that. 

Q. The next one.—A. E. A. Johnson. 

Q. Who is he? From what place was he drafted?—A. He is a draftee from 
the Cordova, Alaska, board. 

Q. Do you know how long he had lived in Alaska before his induction?—A. 
No; I do not. 

Q. About what time was he inducted, do you know?—A. Some time in Sep¬ 
tember. 

Q. Take the next.—A. R. B. Hamilton. 

Q. He was a soldier in the Army at the date of the election?—A. Yes, sir. 

Q. I^rom what place was he drafted or inducted?—A. I am not sure as to 
where he enlisted. 

Q. Was it from Alaska or outside of Alaska?—A. I am not sure; he came to 
Fort Jascum some time in June from Fort William H. Seward, and had been at 
Fort William H. Seward a year or more, but whether he enlisted in Alaska or 
outside I do not know. 

Q. He was at Jascum continuously from June until the date of the election?— 
A. Yes, sir. 

Q. Next one.—A. Fred C. Bretherson. 

Q. From what place was he inducted?—A. Cordova, Alaska. 

Q. Do you know how long he had lived in Alaska before the date of his induc¬ 
tion?—A.* No; J do not. He was night marshal at Cordova for some period of 
time before his induction into the service. 


596 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Was lie at Fort Liscum more than 30 days prior to the election?—A. 
Yes, sir. 

Q. \\'ho is next?—A. A. .T. Davis. 

Q. From what place was he drafted?—A. From Katalla. 

Q. Do you know where he is now?—A. I believe he is still in Katalla. 

(}. Addison ,J. Davis?—A. Yes, sir. 

Q. He was an Alaskan draftee?—A. Yes, sir. 

Q. And had been at Fort Liscum more than 30 days prior to the election?—A. 
Yes, sir. 

Q. Who is next?—A. Mrs. .lames W. .Tohnston. 

Q. Who was Mrs. .Tames AV. .Johnston?—A. She was the wife of the post 
surji-eon. 

Q. His name follows hers on the list there?—A. Y"es, sir. 

Q. He was the post sur.i>eon at Fort Liscum?—A. Y"es, sir. 

(j. L)o you know where they resideil before they came to Fort Liscum ?—A. At 
Sitka, Alaska. 

Q. Do you know at what time he came to Fort Liscum, about what time; did 
they come before you arrived?—A. Yes, sir. 

Q. Take the next name.—A. George F. Haker. 

Q. Was he an Alaskan draftee?—A. Yes, sir. 

Q. From what part of Alaska?—A. Somewhere near Anchorage. 

Q. How long had he been at Fort I^iscum prior to the date of the election?—A. 
Some time in August or September he came to the post. 

Q. Do you know how long he had lived in Alaska before his induction?—A. No ; 
I do not. 

Q. Take the next.—A. W. S. Beck. 

Q. Who is he?—A. He is a civilian employee stationed at Fort Liscum. 

Q. Not a soldier?—A. No. 

Q. The next.—A. H. T. Anderson. 

Q. Who is he?—A. He was a soldier at this time, a draftee from Katalla, 
Alaska. 

Q. And had l)een at Fort Inscum more than 30 days prior to the election?— 
A. Yes, sir. 

Q. Next.—A. Williani N. Idoaring. 

Q. Was he a soldier at the date of the election?—A. I'es, sir. 

Q. From what part of Alaska ?^—A. He came from the western part of 
Alaska, inducted, I believe, at Anchorage. 

Q. He was living in Alaska at the time of his induction?—A. l^es, sir. 

Q. How long had he been at the post before election?—A. He had been there 
longer than 30 days. 

(]. Next.—A. Bruce Bider. He was inducted by the Valdez board, and was 
at Fort Liscum from some time during the summer months. 

Q. He had been at Liscum more than 30 days prior to the election?—A. 
Y"es, sir. 

Q. And before his induction, for a number of years, he had resided at Valdez, 
Alaska?-—A. Y'es, sir. 

Q. Y"ou know him personally?—A. Yes, sir. 

Q. Take the next.^—A. P. S. Truckey. 

Q. He was inducted from what place?—A. Cordova—either Cordova or 
Kennecott, I am not sure. 

Q. He was living in Alaska at the time of his induction?—A. Yes, sir. 

Q. And had he been at Fort Idscum more than 30 days prior to the election?—■ 
A. Yes, sir. 

Q. Who is next?—A. B. Presley. 

Q. He was a soldier inducted from what place?—A. By the Valdez board 
from Jjatouche Island—he was working at the time as repair foreman in the 
mill at Latoiiche. 

Q. Had he been at Liscum more than 30 days prior to the election of No¬ 
vember 5, 1918?—A. Y^es, sir. 

Q. Take the next.—A. W. T. Stuart. 

Q. He is a civilian?—A. He is a civilian who was employed at the power 
plant. 

Q, That is about a mile from Liscum, or 2 miles?—A. Yes, sir. 

Q. Who is next?—A. Mrs. E. P. Cashman. 

Q. She is the wife of E. I*. Cashman, who is also a' civilian?—A. Y'es. sir. 

INIr. Dimond. That completes the list; that is all. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


597 


Cross-examination by Mr. Reed: 

(}. Prior to yonr goinj? over to Fort Liscum yonr home was here in tlie town 
of Valdez?—A. Yes, sir. 

Q. l^oii had never lived at Fort Lisonm prior to being drafted?—A. No, sir. 

Q. Yon had no home over at Fort Liscnm?—A. Only as a soldier. 

Q. And that is true of all of these men that were drafted there—they went 
there in obedience to military orders under the requirements of the draft?— 
A. Yes, sir. 

Q. And that is a military post?—A. Yes, sir. 

Q. And they all lived there from the time they arrived as soldiers and under 
the military re(iuirements?—A. Y^es, sir. 

Within the Valdez Bay voting precinct there are very few homes, outside 
of the military post—there are very few people that reside there outside of the 
post?—A. Y'es, sir; very few. 

Q. You have named a few here that voted on November 5, 1918, and stated 
that they were civilians—W. S. Beck and W. T. Stuart and Mr. and INIrs. Cash- 
man and Sam Cam})bell?—A. Yes, sir. 

Q. Outside of those stated, all the rest of them were soldiers and lived at 
the military post—either they were drafted men or were regular soldiers from 
the States?—A, Excepting. I suppose, Mrs. Johnston; her home was at the 
post. 

Q. She was the wife of Dr, Johnston, the post surgeon, as you have stated?— 
A. Yes, sir. 

Q, You voted on November 5, 1918?—A. Yes, sir. 

Q. Do you mind stating whom you voted for?—A. No; I guess not. 

(}. State whom you voted for?—A. I voted for Mr. Sulzer. 

Q. You had li^'ed in Alaska quite a number of years prior to going to the 
post?—A. Yes, sir. 

Q. And your home had never been there until as stated you were inducted 
into the service under the draft and went over there as a soldier in obedience 
to the military requirements and orders—that is correct, is it?—A. Yes, sir. 

Mr. Reed. That is all. 


By IMr, Dimond : 

Q. Do you know how many soldiers were at Fort Liscum at the date of this 
election?—A. No; I do not—there were over 200 or more—I know for sure 
there were over 200 there. 

(). This total list is only 37 names altogether—how does it come that more of 
the\soldiers did not vote—and there are some civilians? 

Mr. Ritchie. We object as calling for a conclusion of the witness. 

A. We let it be detinitely known to these men that they couldn’t vote if they 
hadn't been there more tlian 30 days and there had been 50 or 60 men from 
Anchorage that had arrivel within 30 days prior to the date of the election and 
they didn’t vote. 

Q. I hand you the registration book for the November, 1918, election, of the 
l\aldez Bay voting ])recinct, and ask you to state whether or not that is the 
registration book used by your board at that election?—A. Yes, sir; it is. 

Q. Is that the original?—A. Yes, sir; that is the original. 

Mr. Dimond. I want the privilege of substituting certified copies of these two 
books, the election register and the registration book, for tihe Valdez Bay voting 
precinct, November, 1918, election and offer the certified copies in evidence as 
Exhibits A and B. 

(No objection.) 

Certified copy of election register and tally book for November, 1918, election 
for I'aldez Bay voting precinct is marked “ Exhibit A,” testimony of A, E. 
Rucker; is attached hereto and made a part hereof. 

Certified copv of registration book for November, 1918, election for Valdez 
Bay voting precinct is marked “ Exhibit B,” testimony of A. E. Rucker; is at¬ 
tached hereto and made a part of hereof. 

(AVitness excused.) 

A. E. Ruckek. 

Subscribed and sworn to before me, this ITtlh day of October, 1919. 

[seal.] Frank J. Hayes, 

'Notary Puhlic in and for the Territory of Alaska. 

Commission expires May 19, 1921. 


598 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Exhibit A. 

TjNitkd States of America, 

Territory of Alaska, Third Division, ss: 

I, the iindersipied clerk of the District Court for the Territory’ of Alaska, 
Thiid DiAisioii, do herehj^ certify that the attached is a full, true, and correct 
copy of the original “ Names as they appear on election register and tally book 
for November, 1918, election for Delegate to Congress, Valdez Bay voting 
precinct,” as the same appears on file and of record in my office. 

In testimony whereof, I have subscribed my name and affixed the seal of the 
said court at Valdez, Alaska, tlhis 20th day of October, 1919. 

[seal.] Arthur Lang, Clerk. 

Election rcyister and tally hook for Noreniher, 1918, election. 


No. of persons 
voting. 

N.ames of voters. 

No. of persons 
voting. 

Names of voters. 

1. 

Fred C. Hartman. 

C. A. Edmund. 

H. M. Lawrence. 

20. 

Sam Camphell. 

Joseph Newman. 

2. 

21. 

3. 

22 . 

4. 

23 . 

R. B. Hamilton.(?) 

Fred C. Bretherson.(?) 

A. J. Davis. 

Mrs. James W. Johnston. 
James W. Johnston. 

George F. Baker. 

W. S. Beck. 

H. T. Anderson. 

Bruce, Rider. 

William N. Hoaring. 

Bruce Rider. 

P. S. Truckey. 

B. Presley. 

W. T. Steuart. 

Mrs. PL P. Ca.shman. 

5. 

Jerry T. Allen. 

Pete Tessitore. 

John Turner. 

Charles Wyatt. 

John D. Chamberlain. 

Frank Forker. 

John T. McEvoy. 

I’atrick McDermott. 

Frank Poore. 

Claude H. James. 

Eric Myhberg. 

A. J. Penttinen. 

Edward P. Cashman. 

Lysle D. Brown. 

24. 

6. 

25. 

7. 

26. 

8. 

27 . 

9. 

28. 

10. 

29. 

11. 

30.:. 

12. 

31. 

13. 

32. 

14. 

33 . 

15. 

.34. 

16. 

35 . 

17. 

36 . 

18. 

37 . 

19. 



Exhibit B. 

United States of Aimerica, 

Territory of Alaska, Third Division, ss: 

I, the undersigned clerk of the District Court of the Territory of Alaska, Third 
Division, do hereby certify that the attached is a full, true, and correct copy of 
the original “ Names as they appear on the registration book for November, 
1918, election for Delegate to Congress, Valdez Bay voting precinct,” as the same 
appears on file and of record in my office. 

In testimony whereof I have subscribed my name and affixed the seal of the 
said court at Valdez, Alaska, this 20th day of October, 1919. 

[seal.] • Arthur Lang, Clerk. 

Registration hook for Noreniher, 1918, electkm for Delegate to Congress. 


1 

2 

3 

4 
5. 
6 

7, 

8 , 
9, 

10 . 

11 . 

12 . 

13. 

14. 

15. 

16. 

17. 

18. 
19. 


No. of persons Names of persons 

registering. registered. 


Fred C. Hartman. 

C. A. Edmond. 

H. ]M. Lam'ence. 

E. C. Reuter. 

Jerry T. J lien. 

Pete Tessitore. 

John Turner. 

Charles Wyatt. 

John D. Chamberlain. 
Frank Forker. 

J. T. McEvoy. 

Patrick McDermott. 
J'rank Poore. 

Claude H. James. 

Rex Erick M. Mj^hrberg. 
A. J. Penttinen. 

Edward P. Cashman. 
Lysle D. Frown. 

A. E. Rucker. 


20 

21 

22 

23 

24 

25 
26. 
27. 
28 

29. 

30. 

31. 

32. 

33. 

34. 

35. 

36. 

37. 


No. of persons Names of persons 

registering. registered. 


Sam Campbell. 

Joseph Newman. 

F. A. Johnson. 

R. P. Hamilton. 

Fred C. Brotherson. 

A. J. Davis. 

Mrs. James. W. Johnston. 
James Johnston. 

George F. Baker. 

W. S. Beck. 

H. T. Anderson. 

Bruce Rider. 

William S. Hair.(?) 

P. S. Truckey. 

B. Presley. 

W. T. Stuart. 

JIrs. E. P. Cashman. 


































































































WICKERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 


599 


DEPOSITION OF HAMNER HUSTON. 

HAMNER HUSTON, a witness called in behalf of the contestee, being by 
tlie notary lirst duly sw(hti to tell the trntli, the whole truth, and nothing but 
the truth, testified as follows: 

Direct examination l)y ]Mr. Dimond: 

Q. 'ion may state yonr name and occupation.—A. Haniner Huston, major, 
Signal Cori)S. 

Q- Are yon in coininand of the United States Militai-y Telegraph and Cable 
System, including the Signal Corps at Valdez, Alaska, and in the entire Ter¬ 
ritory?—A. No; I am in charge of the first section of the '\Yashington-Alaska 
^Military Telegraph and Cable System. 

(>. iYbat constitutes the first section of this system?—A. That includes the 
station at (k)rdov{i and Seward and all stations from Valdez to Fairbanks, 
inclusive. 

i}. And you have no charge of the stations beyond Fairbanks?—A. No, sir. 

Q. How long have yon been in charge of this first section of the system?— 
A. Since July 1st of this year. 

Q. Did yon receive at any time any orders from the War Department or 
from your immediate superior to assemble any of the Signal Cori)s men in 
order that they might give their depositions in the pending contest?—A. I did. 

Q. Yon received the order by calde or by letter?—A. By cable. 

(}. Have yon a copy of the order with yon?—A. Yes, sir. 

Q. May I see it?—A. Yes, sir. [Witness produces it.] 

Mr. Ritchie. There is no dispute about that fact—I think it is already in 
the record—the fact that such an order was sent out is already in the record. 

Mr. Dimond. We now (d'fer in evidence this cablegram dated Seattle, Wash., 
August 29, 1919, relative to the assembling of the Signal Corps men to give 
their depositions. 

Q. That is the first order yon had received in relation to assembling the 
men—this order we have here?^—A. That is the first actual order; yes. 

Q. That is the first actual order that yon could act under, from your superior 
officer, as far as assembling the men was concerned?—A. Y’'es. 

(The telegram referred to, which is marked, without objection, “ Exhiliit A 
to the deposition of Maj. Huston,” reads as follows:) 

Seattle, Wash., August 20, 19Iv. 

Signals, Vutdcz: 

Following telegram received from San Francisco (date): “Following tele¬ 
gram from the War Department, dated August 28, repeated for necessary 
action : ‘ For the purpose of giving testimony in Alaskan election contest, in 
compliance with act of Congress, cause to report by September G to command¬ 
ing officer. United States Military C’able and Telegraph, at the nearest of fol¬ 
lowing places: Valdez, Sitka, P^airbanks, Alaska, the following men: Charles 
A. Agnetti, corporal; Howard G. Clifton, private (first class); Herman 
Dnmarce, private (first class) ; Rudolph PRmquist, sergeant (first class) ; iSIax 

H. P'anst, captain; Thomas F. Griffith, sergeant; 1 inrwood M. Hocker, ser¬ 
geant; Alex A. Cott, corporal; John PI. Pegnes, sergeant (first class) ; Win. R. 
Rogers, corporal; Burr :VI. Snyder, master signal electrician ; Herman B. Sten- 
bnck, private (first class) ; Pllmer D. Whittle, private (lirst class), all members 
First Service Company, Signal (kirps, exception Thomas F. Griffith, who is a 
member Quartermaster Corps stationed first section, Washington-Alaska Mili¬ 
tary Cable and Telegrapb System, headiiuarters, Valdez, Alaska; Plinil Lains, 
corporal; Charles R. Odle, Quartermaster sergeant; Donald PI. Tyer, sergeant, 
members detacbment (jnartermaster Corps, Valdez, Alaska ; and Private (first 
class) Win, J. (hithbert, Phrst Service Company, Signal Corps, Valdez, Alaska; 
William T. Barr, sergeant (first class); Pldward PI Beattie, corporal; Janies 
W. Boone, corporal; Janies M. Campbell, sergeant (first class); Horace R. 
INIorgan, jirivate (first class) ; .Tames W. :McConnell, private (first class) ; 

I. ouis G, Selk, private (first class). Second Service Company, Signal Corps, 
P"ort Gibbon, Alaska; Harvey B. Conover, private (first class). Twenty-seventh 
Service Company, Signal Corps, Fort William H, Seward, Alaska; .Tames H. 
Take, private (first class) ; Clement C. Stroupe, corporal; Howard G. Westcott, 
sergeant (first class). Second Service Company, Signal Corps, Nnlato, Alaska; 
Philip F. :McQnillian, master signal electrician; Horace W. Whitman, ser¬ 
geant, Twenty-seventh Service Company, Signal Corps, Sitka, Alaska; Leo 
Kraft, private (first class). Second Service Company, Signal Corps, en route 


600 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY, 


• 

Nome, Alaska; Ilan-y Sliutts. Motor Transpoi't Coi-ps, transferred from First 
Serviee Com))aiiy, Si.uiial (’orps, Valdez. Alaska, as eoporal; Uiehard M. L. 
Noaks. fni’loniiiied to Uefadar Army Reserve, nov; Fnited States (’ommis- 
sioner. Cordova, Alaska. Harris.' Yon will issue necessary tele.i>:raphic oi’ders 
to these nu'n to report as indicated and upon (*ompletion <d’ duty to return to 
their }»roper stations. Travel directed necessai’y in military service. Acknowl¬ 
edge. Alvord.” It may he impracticable to bring all the men to either Valdez, 
Sitka, or Fairl)anks, hut .voii can enter into communication with the oliicers 
holding this investigation and assist them in every way possible without 
actmdly disrupting communication in Alaska. (Sig.) L. 

Q. Did j’ou assemble the men mentioned in that order or any of them in 
order that they might give their depo.sitionsV—A. iNIost of them were here in 
Valdez. 

Q. Did you bring any from any of the stations on the trail?—A. Not after I 
received that order; no. 

Q. Did you bring any of the men mentioned in that order into Valdez before 
receii)t of that order in order that their depositions might be taken in that 
contest?—A. I think I^llison was brought in before the receipt of that order. 

Q. Where had he been stationed?—A. At Gulkana, 

Q. Was he brought in for that particular purpose in order that his deposition' 
might be taken'?—A. Ellison was an emergency man and authority was here 
to discharge him, but I had received instructions previous to this order of 
August 29 to hold him at Gulkana until such time as this investigation was 
made, and upon the request of Col. Lenoir to Judge Wickersham this man 
was brought in before the order was actually received in order that he might 
have his deposition taken and proceed to the United States for discharge. 

Q. After the receipt of that order did you notify Judge Wickersham that 
you had received it?^—A. Yes; he was furnished a copy of the order—that is, 
there was a telegram sent to him informing him that this order was issued— 
I am not sure .whether he got a copy of that actual order or not, but there was 
a telegram, sort of a brief of the whole order, that he was furnished a copy of. 

Q. l)id you give him any notice of the assembling of these men pursuant to 
the order?—A. Yes; I called on him and told him I would be glad to get these 
men togethei* if he wanted them, 

Q. Did you write him any letter to that effect?—^A, Yes; I wrote a letter. 

Q. Have you a copy of that letter with you?—A, Yes, sir. 

Q. I wish you would produce it.—A. This is a copy of the letter [producing 
letter.] It doesn’t state in the body of the letter that it is to Judge Wick¬ 
ersham, but one of the originals was mailed to him. 

Q. This is a letter dated August 20, 1919, from the officer in charge to blank— 
the name is left blank; subject, election contest and signed by your.self, with 
your name, and the following notation : “ Copy furnished James Wickersham, 
Anthony J. Dimond.” That is a copy of the letter you furnished James Wick¬ 
ersham, the contestant, is it?—A. Yes. sir. 

Mr. Dimond. We offer this in evidence and ask that it be marked “ Exhibit 
B to the testimony of Maj. Huston.” 

(It is so marked without objection and reads as follows:) 

Exhibit B to Deposition of Maj. Huston. 

War Department, 

Signal Corps, U. S. Army, 

Office of Officer in Charge, First Section, 
Washington-Alaska Military Cable and Telephone System, 

YaUlcz, .ildfika, August S'), .1919. 

From : Officer in charge. 

Subject: Election contest. 

1. I'liis office has received orders to assemble certain men at Valdez, Alaska, 
by So])tember 0, 1919, for the purpose of giving testimony in the Ala.ska election 
contest. 

2. The following list names the men and shows their present status or sta¬ 
tion: Charles A. Agnetti, Valdez, Alaska; Howard G. Clifton, Valdez. Alaska; 
tierman Du Marce, Fort Liscum, Alaska, under orders to iiroceed to Paxson, 
Alaska ; Rudolph Elmquist. Cordova, Alaska; Thomas F. Griffith. Valdez, 
Alaska, under orders to proceed to United ?5tates; Diirwood iM. Hocker, Fair¬ 
banks, Alaska; Alex. A. Kott, Seward, Alaska; .Tohn E. Pegues, Fairbanks, 
Alaska, furloughed to Regular Army Re.serve; William R. Rogers, Valdez, 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 601 


Alaska; Durr M. vSiiyder, \"aldez, Alaska; Herman B. Stenbuck, McCarthy, 
Alaska; Elmer I). Whittle, Fairbanks, Alaska; Emil Fains, Valdez, Alaska; 
('harles R. Odle, Valdez, Alaska; Donald H. Tyer, discharged; William .7. 
Cnthbert, Ahildez, Alaska; Harry Shntts, Valdez, Alaska; Richard H. L. Noaks, 
Cordovji. Alaska, furloughed to Regular Army Reserve. 

Inlormation is desired as to whether or not you desire the men ordered 
away held here any longer ami whether or not you still desire the men sta¬ 
tioned on the tirst section, Washington-Alagka Military Cable & Telegraph 
System, south of Fairbanks, Alaska, who are still in the service ordered here. 

Hamner Huston, 

Major, Signal Corps, U. S. A. 

Copy furnished: James Wickersham, Anthony J. Dimond. 


Q. Did Judge Wickersham make any reply to that communication?—A. Yes; 
he wrote me a letter in reply to that. 

Q. Have you that letter with you?—A. Yes, sir; here it is. 

(J. This is the letter received bj- you from Judge Wickersham in reply to 
the one you wrote him, which has been introduced here as Exhibit “B”?— 
A. That is the letter luceived by me from Judge Wickersham; yes. 

Mr. Dimond, We offer this letter in evidence as Exhibit C to the deposition 
of Ma.i. Huston. 

(It is so marked, without objection, and reads as follows:) 


Exhibit C to Deposition of Maj. Huston. 


Hamner Huston, 

Major, Signal Corps, U. S. A., 


Valdez, Alaska, 
Valdez, Alaska. 


August 30, 


1919. 


My Dear ]Ma.tor: 7^or the reasons stated to you by Mr. Ritchie, in my 
presence, this morning, it is not my purpose to take the depositions of those 
members of the Signal Corps now in Valdez and mentioned in your communi¬ 
cation of this afternoon, I wish these men voting November 5 last, at stations 
between lYairbanks and Nularo, both inclusive, assembled at Fairbanks so their 
depositions may be taken there under the terms of House Resolution No. 105 and 
the orders you have. 

Respectfully, 

(Signed) James Wickersham. 


Q. You also addressed me a letter identical in terms with the one sent to 
Judge Wickersham and intriduced as Exhibit B?—A. Yes, sir. 

Q. And I replieil to you that Mr. Grigsby did not desire to take the depo¬ 
sitions of any of these men you have mentioned?—A. Yes, sir. 

(^. Prior to th.e date you took charge of the first section of the Signal Corps, 
during the present year; .July 1, I believe you said, you were never in Alaska? 
And had nothing o do with the Signal Corps of Alaska before that time?—■ 
A. No; absolutely nothing. 

Q. Referring again to Exhibit B, T will ask you to state how many of the 
men therein mentioned were at Valdez at the time you wrote the letter, and 
give their names.—A. Charles A. Agnetti, Howard G. Clifton, Herman Du 
Marce was at Fort Ijiscum. 

Q. How far is that from Valdez?—A. Three miles. Thomas F. Griffith, 
William R. Rogers, Burr ]\l. Snyder, Emil laiins, Charles R. Ddle, William .7. 
Cutbbei-t. and JIarry Shutts. Jn making this statement I will have to put a 
reservation upon it—the othcial station of all of these men was in Valdez, but 
it is possible that Shutts or Rogers may have been out on the trail on some 
temporary duty. I don’t recall at that time whether they were actually in 
Valdez or not; but their official station was in Valdez. 

Q. If they were not in Valdez at that time, they were probably in Valdez 
very shortly afterwards, I suppose?—A. Yes, sir; they were. 

(>. You have no jurisdiction over that portion of the system between Fair¬ 
banks and Nome?—A, Absolutely none. 

Q. Or between Fairbanks and St. Michaels?—A. No. 

Mr. Dimond. That’s all. 


Cross-examination by IVIr. Ritchie: 

Q. The order which you received to assemble these men came after .Judge 
Wickersham’s arrival?—A. Yes, sir. 


602 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. After the first hearing, in fact?—A. I don’t know when the hearing took 
place, 

Q. It came after the 23d of August?—A. Yes; it came after tlie 23d of Au¬ 
gust. 

Q. jMa.1. Huston, is it not true that some time after th(‘ first hearing on the 
23d of August, which was the date on which Mr. Tyer was interrogated that 
caused some trouble which we all know about, that several da.vs after that, at 
your request, I think, hut I am not sure, Judge Wickersham and I called at 
your office in the Government building here in Valdez and we discussed gen¬ 
erally the proposition of having these men testify, and Judge Wickersliam 
told you that he did not care now to do it because, on the advice of his friends, 
he was afraid that a good many of them at least would testify that they had 
voted for him, although the whole community knew that ju’obahly every 
one of them had voted for Mr. Sulzer; that you then told him that you had 
talked with some of the hoys and you did not believe they would do that; 
that you believed under oath they would tell the truth ; that* I then interrupted, 
or took part in the conversation and said; “ I have no doubt .vou l)elieve that, 
Major, and I think some of the boys will tell the truth, but niy opinion is that 
a good many of them, some of them, at least, will not do so,” and I have advised 
Judge Wickersham not to bring tliese men in ;ind ask them how they voted, 
because it has been talked all over the town for several days that nearly every 
one of them will swear that he voted for Wickersham when we are absolutely 
morally certain that neai'ly every one of them voted for Sulzer, and our action 
in this matter is' influenced largely by the fact that Mr. Tyer testified on last 
Saturday that he voted for Wickersham and none of us believes he did, because 
every influence in the world, including his own political predilections would 
have induced him to vote for IMr. Sulzer, and that is the reason why we do not 
now ask these men to come in, although .\ou have offered to bring them in— 
isn’t that in substance the conversation that took i)lace?-—A. Yes; but it was in 
your office instead of mine. 

Q. I beg your pardon, you are right—it was in my office—you came over 
there?—A. I came over there, yes, sir. 

By Mr. Dimond : 

Q. Are you still of the opinion that these men would tell the truth if they 
were questioned as to whom they voted for?—A. Yes, sir. 

Q. You are quite well acqmiinted with those men, whose names appear on 
Exhibit B?—A. Yes, sir. 

Q. Have you noticed anything about their conduct or have you heard any¬ 
thing concerning their character which would in any manner lead you to believe 
that they are so depraved that they would commit perjury?—A. No, sir, I cer¬ 
tainly have not. 

(}. You think they are a pretty decent bunch of men, do you?—A. I do. 

(Witness excused.) 

Hamnek Huston. 

Sul)scribed and sworn to before me this 17th day of October, 1919. 

[seal.] Frank .T.‘Hayes, 

Notary Piihlic in and for Alaska. 

Commission expires INIay 19, 1921. 

DEPOSITION OF A. .1. DIMOND. 

A. J. DliMONTt, being liy the notary first duly sworn to tell the truth, the 
whole truth, and nothing but the truth, testified as follows: 

I desire to state in the most emphatic manner possible that I had nothing to 
do with this fight between INIr. Wickersham and Thomas Selby. As I recollect 
it the circumstances surrounding the fight that I know of are about as follows: 
A few minutes before the fight I had been talking with ]Mr. Selby, who wa» 
with Tom, at the corner of Alaska Avenue and McKinley Street and I left 
him and went down INIcKinley Street northerly toward my home. Shortly after 
I left, I probably wasn’t over 20 or 30 feet, I glanced across the street and 
saw Judge Wickersham coming out of INIaj. Huston’s office, which was on the 
opposite side of IVIcKinley Street and diagonally across from the corner at 
which I saw INIr. Selby. I went on down the street and when about half way 
down the block I should judge, I don’t recollect what particular spot it was, 
my attention was attracted by certain people staring up the street very intently, 


WICKERSlIAZvI VS. SULZER, DECEASED, AND GRIGSBY. 603 


on the other side; INIrs. Austin wns one of them; she eaine out .Miid there was 
one or two more, I tliink two, but who they were I don't reeolleet. I turned 
around and at that time Jndfte Wickersham was just ^ettinj^ np, apparently 
he had been lyinj? on the ground and had been knocked down. T thei-eupon 
went hack immediately to the scene of this fight and took the two Selhys by 
the arm and told tliem to go home. That is everything that T liad to do with 
it. I certainly was not within 100 feet of tliem at the time tlie tight occurred 
and I didn’t see a single blow struck. I know no blows were struck after I 
tuiaied around because I kei)t my eyes fasteiu'd on the group all the time until 
1 got hack there and it was with considerable amazement ihat I heard Mr. 
Wickersham testify or start to testify that he thought I was there at the time 
the tight occurred. That is all. 

(Questions by ]Mr. Kked ; 

Q. There was nothing said at the time between you and the Selhys, cither 
Mr. Selby or his son, that would lead you to hdieve that they contemi)lated 
an assault, by word or action?—A. There was not; no. Knowing what I 
know now I might have thought something of the remark Mr. Selby made. 
Selby said to me, “I don't like the wav that (using a certain expression) 
talked to my daught(‘r,” and T said, “Oh, y<>\i d<>n’t want to pay any attention 
to that,'’ and I talked about something else; and that is the only thing that 
was said ; and, of course, I had heard other expressions like that before 
without leading to anything, and I didn’t think that meant any fight at all, 
because I have heard many men say that in the past without amounting to 
anything further. 

Q. From the feeling displayed at that lime or anything said you didn’t 
infer that any assault would he contemplated by them, either by ]Mr. Selby 
or his son, Tom?—A. No; Tom didn't sav a word to me at all; I talked to 
:\rr. Selby. 

Q. Did you disabuse ^Mr. Selby's mind when he made the statenumt as to 
.Tudge Wickersham saying anything insulting to ^Nlrs. Tyer?—A. No; he didn’t 
use the word “ insult’” to me at all. The conversation was about as I 
stated. He said. “ T don't like the way that man treated Ruth,” and I said, 
“ Oh, you musn't pay any attention to that,” and I talked abcmt something 
else. 

Q. Did you disabuse ]Mr. Selby’s mind as to Judge Wickersham mistreating 
her?—-A. No; I didn’t suy anything else than what I have said; that is all 
the conversation we had on that particular subject. 

By Mr. Ritchie: 

Q. You turned this part of the conversation with Mr. Selby a'^ide with that 
remark because you yourself had not seen anything that called for excitement 
or resentment in the examination of ]\[rs. Tyer, did you not?—A. Well, I 
should say it called for resentment; yes. I thought Judge Wickersham’s 
manner toward Mrs. Tyer, especially the closing part of it, was rather lirutal. 
He stated, as I recollect, that he was going to keep her there until she did 
testify, and I felt some resentment at that time. I didn’t think it was fair 
treatment of the girl at all, particularly in view of her condition; but I didn’t 
feel M'rought up enough about it to try to fight Judge 'Wickersham. 

By ^Mr. Reed : 

Q. YWu dont know whether Judge Wickersham had knowledge of her con¬ 
dition at that time?—A. No; T do not. 

By Mr. Richie : 

Q. As a matter of fact, dont you think, ^Mr. r)imond, that the ordy resentment 
in ^Irs. Tyer caused by her examination was from Judge Wickersham's state¬ 
ment that he intended to keep her here to testify later, when she had all her 
arrangements made to leave the next day?—A. T thiidc that was the principal 
reason. 

Q. Dont you think that was all she became angry about?—A. No; I don’t 
think so. I think Judge Wickersham’s attitude toward her generally was 
somewhat brutal—I will be very frank about it—I thought he was rather 
browbeating her. 

Q. As a matter of fact, isn’t it true that Judge Wickersham and ]\rrs. Tyer 
were smiling at each other most of the time?—A, They were at the beginning, 
but toward the end I don’t recollect that that was the case. I think at the 


604 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


be^?iiiniiig she smiled several times, tiowever, I was sitting where I didn’t 
have a very clear view of ^Irs. Tyer’s face and I don’t know that I watched 
her very particularly. 

(Witness excused.) 

Anthony J. Dimonu. 

Snhs'crihed and sworn to hef<n’e me this 14tli day of October, 1919. 

[seal.] Frank .T. Hayes, 

Notary FuJ)lic in and for Alaska. 

Commission expires ^lay 19, 1921. 

DEPOSITION OF H. B. SELBY. 

II. B. SELBY, a witness called in behalf of the contestee, being by the notary 
first duly sworn to tell the truth, the ^^llole truth, and nothing hut the truth, 
testified as follows: 

Direct examination by Mr. Dimond : 

(-}. State your name and place of residence.—A. tl. B. Selby; Alaska Avenue, 
Valdez, Alaska. 

Q. How long have you resided at Valdez?—A. Four years; I think it was four 
years in August. 

Q. In what business are you engaged?—A. Publisher. 

(}. Have you i)een in that business ever since you came to Valdez four years 
ago or a little more than four years ago?—A. Yes, sir. 

Q. Do you know James Wickersham, who is the contestant in this contest be¬ 
tween Wickersham and Grigsby?—A. Yes, sir. 

Q. Were you at I'aldez, Alaska, on the 23d of August, 1919?—A. Yes, sir. 

i}. Did you see Judge Wickersham on that day—to refresh your memory I will 
state that that was the day upon which the depositions of Donald H. Tyer and 
Mrs. Tyer were taken in this case?—A. Yes, sir; I saw him. 

Q. ]Mrs. Donald H. Tyer, whose deposititm was then taken in this contest at the 
instance of Judge Wickersham, is your daughter, is she not?—A. Yes, sir. 

Q. How long has she resided in Valdez?—A. Four years on the 3d of October. 

Q. She and Mr. Tyer left here how long ago?—A. I can’t tell you the exact 
date. 

It was some time about the 1st of September?—A. Yes. She was married 
the day before the election of 1918. 

• (,}. Did you ever ask ]Mr. Tyer to vote for anybody?—A. No, sir; I never did; I 
never discussed it with him, only just in talking. 

Q. I refer particularly to the Delegate election of 1918 in which James Wick¬ 
ersham was a candidate on the Ilepuhlican ticket and Charles A. Sulzer on the 
Democratic ticket—did you ever discuss that election with Mr. Tyer?—A. No; 
if I did, I don’t remember it; that is, I never discussed it in the way to ask 
him how he was going to vote. 

Q. Did he ever tell you how he voted?—A. No, sir; he never told me—in fad, 
1 never pay any attention how any of the family vote. 

Q. You don’t discuss politics?—A. We don’t discuss politics much at homo 
unless some one drops in—not with the family; we never discuss them in the 
family. 

Q. Do you know how your wife and IMrs. Tyer voted at that election?—A. Well, 
no; I don’t, to tell you the truth ; I never positively heard my wife say, hut I 
would suspect, if you want my sus]ucions, that she voted for Mr. Sulzer—I don’t 
know that she voted. Did she vote? 

Mr. Dimond. I don’t know that either. 

]\Ir. Reed. I think the record shows that both ]Mr. and Mrs. Tyer voted. 

Q. Have you a son named Thomas Selby?—A. Yes, sir. 

Q. How old is he?—A. He is 21 now ; he was 21 last month. 

Q. Where does he reside?—A. At home with me. 

Q. How long has he lieen at home?—A. He came home some time in August. 

Q. Where had he been before that time?—A. He had been in France. 

Q. With the military forces?—A. With the American Expeditionary Forces. 

Q. With the United States Army in France?—A. Yes, sir; he was an artillery¬ 
man. 

Q. How long had ho been in the service altogether?—A. I think somewhei-e 
around 18 months. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 605 


^ between him uml 

imrrof^U^^^^August?—A. Yes; I did. I saw the latter 

,, ^^hat y()ii saw of this fight.—A. Well, I came out of the store and saw 

.Mr. \\ iclversham hit Tom and knock his hat down over his eyes, and then they 
mixed up pretty lively, and he backed Tom and got him down, and he started to 
jump on limp but Tom rolled over and got up, and they squared a round or two 
there—I don t know just how long—and then I saw Tom, as near as I can recol¬ 
lect, I think he hit Wickersham on the right side of the cheek, but I couldn’t tell 
you how often or how many times, but he struck him, and I saw Wickersham 
fci 1, aiid he got up and started ickersham got up and ran at Tom again and 
then clinched, and Tom broke loose from him and hit him again, and that is all. 
He hit him on the jaw, on the right jaw, because Tom is left-handed. It was a 
pretty lively mix up for a little while, and they shifted positions so I couldn’t see 
very plainly. 

Q. After he hit him the second time what effect did that have on .fudge Wick- 
ershani?—A. It knocked him down, and he got up then and took a couple of steps 
and fell again. I judge he took two steps or three and fell, and Tom stood hack, 
and iNIr. Wickersham got up and went to hrushing his clothes off. 

Q. That was all of the fight?—A. That was all I saw. 

Q. Did you take any part in it?—A. Not a particle. 

Q. Did you kick .fudge Wickersham?—A. No; I had nothing to do with it 
wliatever. I took hold of Tom at one time, and he gave me a flip and tore my 
shirt and threw me off the sidewalk, and I thought it was time to quit. 

Q. How old are you?—A. I am 52 now. 

Q. You took absolutely no part in this whatever?—A. I took no part in it. 

Q. And if .Tudge Wickersham said that you hit him or kicked him when he 
was down, he is mistaken?—A. There was no one within 10 feet of him. 

Q. Did Tom kick him after he was down?—A. No; he was farther than from 
here to the stenogi-apher, at least 10 or 12 feet from him. 

Q. Were there any other witnesses to that fight?—A. Wr. Hoodenpyle was 
there and saw the whole business. He saw it start; I didn’t. I didn’t see it 
start, because I was in the store. IMr. Wickersham came out from the Signal 
Corps office before I thougbt he was coming. I went into Blum’s store a minute, 
{ind when I came out Tom had met him. I don’t know what the conversatioii 
was or who struck the first blow or anything about it. I asked Tom, and he said 
they both struck at the same time. 

]\Ir. Reed. We object to that as incompetent, irrelevant, and immaterial. 

A. (Continuing.) That is only hearsay. IMr. Hoodenpyle, you could probably 
get his affidavit—he would tell you all about it; he heard the conversation, and 
everything. 

Q. Was I present at the time the fight occurreid?—A. I'ou were nowhere 
around. Y^ou came up after it was over and told me to go home and told Tom to 
go home. You were nowhere around at the time of the fight, or previous to 
that, that I saw. 

Mr. Dimond. That’s all. 


Cross-examination by INIr. Reed : 

Q. Now, in regard to your daughter voting, you say you never heard her 
discuss how she voted?—A. Never heard her say; didn’t know she voted. 

Q. You stated you suspected she voted for Sulzer l)ut don’t know?—A. 1 
don’t know. 

Q.’ That is true, you suspect she voted for Mr. Sulzer?—A. I suspect if she 
voted; I am pretty near certain she voted for IMr. Sulzer. 

Q. And in regard to Mr. Tyer-A. I never heard him say. 

Q. You never heard him say whom he voted for?—A. No ; only his politics. 

Q. l’'ou never heard him discuss the political situation here at all?—A. Not to 
my knowledge, no; he very seldom talked politics. 

Q. Either before or after the election?— A. No; not that I remember of. 
After the election I never talked to him at all about it. 

Q. l^our papei* was antagonistic in the election to Judge Wickersham?—A. It 
was only antagonistic in a way that I got my support from the other side. I 
offered Mr. Wickersham the use of our columns, and he said he didn’t need them. 
I saw Judge Wickersham and had a talk with him on the boat, and Wickersham 
said the paper was antagonistic to him, and I said, “How do you know it is? 
We have only taken hold of it a short time ago, and have never had any business 
with you,” and I said, “ You can buy all the space you want in it,” and he said, 



636 


WTCKKRSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


“ I am too well known in tlie Territory to leave to buy space,” and I said, “ If 
that is the case, I will have to depend on getting my support from the other 
party,” and I said, “ If the paper isn’t large enough for yon, we will enlarge it 
for you, provided you pay for it,” and we discussed further a few things about 
Col. Richardson, and that is about the extent of the conversation. 

Q. Prior to November 5, 1918—that is, prior to the election of November 5, 
1918—your paper supported Sulzer rather than .Tudge WickershamV—A. Yes, sir. 

Q. And you say that neither Ijefore nor after November .5 did you hear Mr. 
Tyer discuss how lie voted?—A. Not to iiiy knowledge ; not to my remembrance.^ 

Q. Did you ever hear him state he had voted for .Tudge Wickersham?—A. No. 

Q. Did you ever hear him say anything indicating that he was friendly to 
Judge Wickersham and his candidacy?—A. The only thing I ever asked Don 
was how his father voted. He was talking something about Senator Reed, of 
Missouri; he was talking about him and telling about his father voting for bim, 
and I says, “Plow does that come? I thought your father was a Democrat,” 
and he said, “No; my father generally votes for the man he wants. 

(p So you never heard him say as to whether he voted for Wickersham or 
Sulzer or anything indicating how he did stand as to the respective candidacy of 
those two men?—A. Never heard him say. 

Q. Now, in regard to this tight, neither you nor your son, Tom Selby, were 
present at the hearing that preceded it?—A. No. 

Q. And so anything that either one of you heard in regard to this hearing 
and what happened there would have been hearsay?—A. Hearsay; yes. 

Q. Had you gone home from the Prospector office and had your son gone 
home?—A. Yes, sir. 

(y And had either one of you seen IMrs. Tyer?—A. Yes; she came home. 

Q. Did she state to either one of you that Wickersham had insulted her?—A, 
She said the judge accused her of not telling the truth and told her he was 
going to keep her here until she did tell the truth. 

(}. She intimated that Judge AVickersham said she hadn’t told the truth?—A. 
Yes; that is udiat she said ; she was crying and very hysterical. 

Q. From that fact both you and your son concluded that he had insulted her 
while she was on the witness stand?—A. Naturally we did. 

Q. And you both felt very much aggrieved and had a good deal of feeling 
toward .Tudge Wickersham by reason of that fact?—A. Yes, sir. 

Q. And did she say that Judge Wickersham had insulted her or treated her 
brutally in any other respect than that?—A. No; only that he had held her 
there until she was exhausted and not able to give testimony and physically 
unfit. That morning I told her not to go to that hearing, that I would get a 
certiticaite fi-om the doctor that she was not able to go; she had had bad spells 
and was in a delicate condition, and I said, “ In all probability you will get 
tangled up down there, and you can’t stand very much hard language, and the 
first thing you know you will go all to pieces,’* and she said she wouldn't go. 

I said. “ I don’t think they will require you to go, if the court finds out the 
condition you are in, and knowing that it is liable to injure your health the.v 
won’t ask you to go,” and the next thing I knew I went home, Tom and I, and 
we were eating dinner, and she came in and was very hysterical, and she fell 
over on the couch. 

Q. Did this occur at your home?—A. Yes; at my home. And Don was crying 
and cursing; he said, “My God, what am I going to do? I can’t do anything 
without being court-martialed,” and he says, “ AVhat am I going to do?” 

Q. Did he feel also that Wickersham had insulted his wife?—A. Yes; he 
thought he had. 

Q. Judging from what he said and his actions, you thought miturally or felt 
that Judge AVickersham had insulted his wife?—A. Naturally; if your wife or 
any other man’s wife came home and said a man had insulted* her, you wouldn’t 
stop to investigate, and Tom jumped up and ran from the talile and he got half 
way down the street before I caught him. and I said, “ AAffiat are vou <>oin" 
to do?” * 

Q. AAdiere did you catch him?—A. At about Meals’s; and he says, “ I am going 
down to pull that fellow out. wherever he is. and beat his head in.” 

(p Tom said that?—A. Tom said that, and I says, “Tom, you had better let 
Jiie do that ” and he says, “ Pa, you keep out of this; you have nothing to do 
with it,” and he was pretty indignant, so T came on down with him and we 
stood out thei-e on the corner about 5 minutes. 

(). Did Air. Dimond come up about that time?—A. No; Air. Dimond went 
past and-went down toward the Tillikum Club. 


WK^KEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 60Y 


Q. In the direction of his home?—A. Yes; as far as I saw he went down 
that way. 

Q. Yon had a sliort conversation with Mr. Dimond?—A. All I asked him was, 
where M’ickei'sham was. 

Q. Do you remember saying to INIr. Dimond, “ I don’t like the way that son 
of a-treated my daughter”?—A. Yes; I remember that. 

Q. And then Mr. Dimond went away?—A. Mr. Dimond turned and walked 
away. 

Q. And then what happened next?—A. I went into the store—waited 3 or 
4 minutes there on tlie corner, hut Wickersham had gone into the Signal Corps 
office. 

Q. .lust before you went into the store, did you see Wickersham come out?— 
A. No; he was inside—I could see him through the window, in the Quarter¬ 
master Corjis othce—he was sitting there talking to the major. 

(}. Where was Mr. Hoodenpyle at this time?—A. I found out afterwards that 
he was upstairs iu the window, right over. 

Q. Was there anybody on the street besides yourselves, standing on the 
corner?—A. Not that I saw. 

Q. And you saw the situation pretty clearly at that time?—A. As clear as 
a man could. 

And you saw .Tudge Wickersham at that time over diagonally across on 
the other corner?—A. I saw the situation as clearly as a man could see from 
where I was. 

Q. Where was .ludge Wickersham?—A. He was inside the building. 

Q. Did you see him across the street?—A. No; I came out and he and Tom 
were tighting—I came out of Blum’s store. 

Q. Did you see him come across the street, walking across the street?—A. I 
don’t remember seeing him coming across the street. 

Q. Were you in the store when the tight first started?—A. Yes. 

Q. You didn’t see that part of it?—A. No; and I didn’t hear the conversa¬ 
tion. 

Q. You don’t know what was said or what caused the first blow to be 
struck?—A. Only by hearsay. 

Q. Only from what somebody told you?—A. Only by what Tom told me. 

Q. And you never heard .Tudge Wickersham say anything to Tom—you never 
heard any of the conversation between him and Tom?—A. No; I was in the 
store. 

Q. M’hen you came out, the fight was going on and blows were being struck?— 
A. Yes; Tom wasn’t .saying anything but tbe .Judge was cussing all the time 
he was fighting, like a man will. He was boring in with both hands and every 
time he hit he would say something—I don’t know what it was, whether it was 
an oath or talking to himself. 

(,). When you caught up with your soii on the cornor near this office, you 
said, “ liCt me attend to this,” and Tom sr.id, ‘‘No; I will do that myself”; is 
that correct?—A. No; I asked Tom what he was going to do and he said he 
was going down—I don’t just remember the words—and llnd him and pull him 
out, and I said, ‘‘ Let me do that.” 

Q. Did he say what he was going to do other than that?—A. No. 

Q. Did he refer to him by any name at all?—A. No; he was cooler than I 
was about it because I was mad and he wasn’t. 

Q. When you came out of the store was any one around besides you and 
.Judge Wickersham and Tom?—A. No; not until after it was all over, then Mv. 
Dimond came up. 

Q. H<‘ was the first one, was he?—A. I thiidv so, and then I think IMr. Gasler 
came by and told us to cut it out and go home and behave ourselves; I don’t 
remember whether it was INIr. Dimond or INIr. Caster told us to go home and 
behave ourselves. 


By Mr. Dimond : 

Q. You spoke about your daughter’s condition; as a matter of fact she was 
heaVy with child?—A. Yes, .sir; .she was very heavy with child, and she was 
quite hysterical. 

(G .Judge Wickersham in his testimony said .something aJiout a cons])iracy 
to kill him; do you know anything about any conspiracy that existed to kill 

him?—A. No. . . 

Q. He testified, if I recollect, that his friends advised him it \vould be unsate 
to proceed with the taking of the depositions of the Signal Corps men because 



608 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


he iiiiylu be killed. Is thei’e any truth at all as far as you know in that state¬ 
ment?—A. I think that is all nonsense. 

Mr. Keed. AVe object to that'; that would he a matter of opinion. 


Dy ]\Ir. Keed: 

(}. Yon spoke of Mrs. Tyer’s condition—you don’t know anything about ^D\ 
AVickersham knowing anything about her physical condition being different 
from ordinarily, do you?—A. A man could see it very cleai’ly. 

lUit you don’t know that he had any knowledge of what her actual condi¬ 
tion was?—A. I can't say as to that. 

A\’it ness excused. 

H. B. Sei.uy. 


Suhscril)ed and swoi'ii to before me this 17th day of October, 1919. 

[seal.] Fkank .1. Hayes, 

Notary Public for Alaska. 


Commission exi)ires ]May 19, 1921. 


DEPOSITION OF CHARLES E. RLTNNELL. 

CHARLES E. BUNNELL, called and sworn as a witness in behalf of the con- 
testee, testified as follows: 

Direct-examination by INIr. Donohoe : 

Q. AA'ill you state your name and residence?—A. Charles E. Bunnell; my 
present residence is Fairbanks, Alaska. 

(}. AA’hat oflicial position do you hold in Alaska?—A. I am district judge, with 
head(piarters at Fairbanks. 

Q. In the fourth judicial division?—A. The fourth judicial division. 

Q. How long have you been district judge in the fourth judicial division 
of Alaska?—A. As I remember I was continued by the Senate on the 5th of 
.Tanuary, 1915, and I took the oath (d' office on the 12th of .Tanuary, 1915. 

(y And have you since that time been the resident judge in the fourth 
judicial division. Territory of Alaska?—A. I have. 

Q. Are you acquainted with the contestant, .Tames AATckersham?—A. I 
know him. 

Q. AA’ere you acquainted with Charles A. Sulzer in his lifetime?—A. Yes. 

Q. Are you acquainted with George B. Grig.sby, the present contestee';’—A. 
Yes. 

Q. I call your attention to Hou.se of Ueiiresentatives Document No. 74, 
Sixty-sixth Congress, first session, which contains the contest tiled by James 
AATckersham in the House of Representfitives of the United State in the month 
of May, 1919, contesting tlie election of Charles A. Sulzer as Delegate from 
Alaska to Congress and particularly call your attention to section 14 of said 
contest as the same appears commencing at the top of page 15 of this printed 
document and ask you if you have read the said secticui 14 referred to?—A. I 
have read it. 

Q. In this section Mr. Wickersham makes the allegations that the United 
States (‘ommissioner in the Forty-mile district illegally established certain voting 
precincts which deprived the voters of Jack Wade Creek precinct from voting 
at the election held for Delegate to Congress in the year 191G; will you please 
state what you know in regard to this matter? I hand you the document and 
ask you to refer to section 14.—A. Your question refers to the election for 
Delegate in November, 1910; I thjnk you meant November, 1918. 

Mr. Donohoe. Yes; I did. 

A. You call my attention to Jack AVade Creek voting i)recinct. The para¬ 
graph also refers to Chicken precinct. Aly entire information on this subject 
comes to me in the form of letters which are signed by one Charles E. 'SI. Cole, 
and I can read those letters and my replies thereto. I have no objection to the 
letters becoming exhibits, providing I can have the privilege of making a copy 
of the communications for my tiles. 

Air. Donohoe. You may do that. 

The AATtness. I will read the letters if you wish. 

Air. Donohoe. Yes; I wish you would. 

Air. Reed. AVe will reserve exceptions to the testimony. I don’t know any¬ 
thing about this situation and don’t know whether it is competent at this 
time. I just make a formal objection to the relevancy, competency, and ad¬ 
missibility of this evidence at this time. 


WICKERSHAM VS.’ SULZER, DECEASED, AND GRIGSBY. 609 


Mr. Donohoe. If after you read these letters you will introduce the originals 
as exhibits to be attached to your deposition, the stenographer will make the 
copies you desire for your tiles. 

The Witness. Very well. On the 2d of August I left Fairbanks to come to 
Valdez to hold court in this division for .Judge Brown and was not in my division 
until the 22d day of October. I left Valdez on the 18th of October and went 
from here to Fairbanks. On the 24th or 25th of November 1 received this com¬ 
munication : “ .Tack Wade, Alaska, October 12, 1918. Judge C. E. Bunnell, 
fourth division court ’*- 

Mr. Donohoe. We ask that this letter he marked “Exhibit A” to the depo¬ 
sition of Charles E. Brunnell. 

(The letter is so marked, without objection, and is read in full by the wit¬ 
ness. The original of such letter, marked “Exhibit A” to the deposition of 
(Miarles E. Bunnell is attached hereto and made a part hereof.) 

The Witness (continuing). In the same mail I received this letter; “Jack 
Wade, Alaska, October 24, 1918. Hon. C. E. Bunnell; dear sir ’’- 

Mr. Donohoe. We ask that that letter he marked “Exhibit B” to the testi¬ 
mony of Charles E. Bunnell. 

(The letter is so marked, without objection, and is read in full by the witness. 
The original of such letter, marked “ Exhibit B,” to the testimony of Charles E. 
Bunnell is attached hereto and made a part hereof.) 

The Witness (continuing). I will state that Franklin referred to in that 
letter is the heachpiarters of the Forty-mile precinct where Commissioner John 

J. Donovan is located. This letter was accompanied by the following protest: 

“ A protest. To Hon. C. E. Bunnell ’’- 

Mr. Donohoe. We ask that that paper be marked “ Exhibit C ’’ to the deposi¬ 
tion of C'harles E. Bunnell. 

(The paper is so marked, without objection, and is read in full by the witness. 
The original of such paper marked “ Exhibit (J ” to the dei)osition of Charles E. 
Bunnell is attached hereto and made a part hereof.) 

Tim Witness. All of the foregoing that I have n ad were received in the reg¬ 
ular course of the mails on about the 24th or 25th of November. 

Q. Your Exhibits A, B, and (4 {ire under v:irious dates in the month of Oc- 
tolier, 1918—where were you during that month and the month of September 
previous?—A. I was in the third judicial division all the time from August 
4 until October 20, the day I reached Baxson's on my way back to Fairbanks. 

C. In the ordinary course of travel, wimt would be the distaince from where 
you were in the third division to Jack IMide Creek?—A. 1 would say approxi¬ 
mately, going from here to Fairbanks, Fairbanks to Circle overland. Circle to 
Eagle by the trail, and E{igle to Jack Wade, about 900 miles. 

Q. And the only course of travel at that season of the year would be by walk¬ 
ing over the trail?—xV. Yes; by walking or by automobile to Fiiirbanks and .by 
horses and dog teams. 

(■2. Now, did you reply to any of these communications which you have just 
read?—xV. I did. 

(), Have you a copy of that reply with you?—xV. I have. 

(). Will you read tliat cop.v?—A. Yes. Having received them all together on 
about th(‘ 24th or 25th of November, I made this reply. You will understand 
that I did not receive them until some 19 days after election. The election was 
held on the 5th of November. ]My reply was as follows: 

Mr. Donohoe. I ask that this letter be markeil “ Exhibit I) ” to the deposition 
of Charles E. Bunnell. 

(The letter is so marked, without objection, and is read in full by the witness. 
The original of such letter, marked “Exhibit D“ to the deposition of Charles 
E. Bunnell, is attached hereto and made a part hereof.) 

Q, You mailed that letter to Mr. Cole, did you, at Fairbanks?—xV. I did, 

(j. Did you receive any further communications on this subject?—A, Yes. 

Q. WilTyou please re{id them?—A. I received a letter, I think, about the 1st 
of February, possibly not until the middle of Febrimry, 1919, dated “Jack 
Wade, Alaska, Jan. 1, 1919.’' 

Mr. Donohoe. We ask tiiat that letter be marked “Exhibit E” to the deposi¬ 
tion of (diaries E. Bunnell. 

(The letter is so marked, without objection, and is read in full by the witness. 
The original of such letter, marked “Exhibit E” to the deiiosition of Charh.s 

K. Bunnell, is attached-hereto and made a part hereof.) 






CIO WICKERSHAM VS. SULZER, DEC’EASED, AND GRIGSBY. 


Q. What is tlio (listaiiee by onliiiai’y travel ))et\veeii Fairbanks, tlie seat of 
your court and yonr residence in yonr division, and .Tack Wade Creek?—A. I 
can’t tell the exact distance, but I would say, Air. Donoboe, that it is approxi¬ 
mately from ooO to (>00 miles—it may be 150 miles more than that. 

Q. That is all overland travel?—A. It is all oveidand travel. 

(^. Since yon have been judge in the fourth division, have you ever been up 
to .lack Wade precinct?—A. I liave not. I have been only as lar as Eagle, and 
that by boat. 

Q. And that is about bow far from .Jack Wade Creek?—A. I would say alxmt 
80 miles. 

(^ Wluai w('i‘e you last at Eagle, if you remember?—A. In lOlO, I think. I 
have been there i)ut once only since I have been judge at Fairbanks. 

(». Did you receive any further com'muni('ations from Mr. Cole on this sub¬ 
ject?—A. I received another communication, which is undated. As a matter 
of fact, I received this before I received bis letter under date of .laJiuary 1, 
1919. The one I now have in my lunid I received <ai the fOtb of December, 
1918. It generally covers the protest; seems to be a copy of the protest. The 
letter begins- 

Mr. Donohoe. We will ask to have that letter marked “Exhibit F” to the 
<leposition of (’baides E. liunnell. 

(The letter is so marked, witliout objection, and is read in full by the wit¬ 
ness, The origimil of such letter, marked “ Exhibit F ” to the deposition of 
(diaries E. Bunnell, is attached hereto and made a part hereof.) 

The Witness. How it happened that this did not arrive until December 1 
do not know. 

(}. Did you answer these last communications?—A. Ye.s. 

Q. H ive you a copy of that letter wbicb you wrote?—A. I have. I answered 
the letter of .1: nuary 1, 1919. as scon as it was received, which seems to be 
February 24, 1919—my letter is dated Fairbanks. Alaska, February 24. 1919. 

IMr. Donohoe. We will ask that that letter be marked “Exhibit G” to the 
testimony (diaries E. Bunnell. 

(The copy of letter is so marked, without objection, and is read in full by 
the witness, ddie original carbon copy of such letter, marked “Exhibit G” to 
the deposition of (diaries E. Bunnell, is attached hereto and made a part 
hereof.) 

Tlie Witness (after reading above exhibit). Since which time I have heard 
nothing further from Mr. C’ole. That covers all the knowledge that I have 
relative to .section 14; I believe it is. 

Q. I call your attention to section 15 of Mr. Wiidmrsbanrs contest against 
(diaries A. Sulzei- for a seat in (dmgress, commencing at tlie bottom of page 10 
in Hou.se Document No. 74, and ask you to make .such reply as you see tit 
to tlie allegations contained in .section 15.—A. Well, in .section 15 IMr. Wicker- 
ersbani charges that I am a Democrat and I admit that, of cour.se; be states 
that I am a violent political partisan of the contestee. I am not a violent 
political partisan; a Democrat, however. IMr. Wickersbam also slates that 
each and every one of bis commissioners ( referring to myself) engages in 
partisan iiolitics at eacli biennial election for Delegate to Gongress from 
Alaska and that the entire election machinery is controlled by me through my 
commis.sioiiers for political ends. Tiiis statement is not correct. Beferidng to 
the matter of Mr. Donovan's action as commissioner in the Forty r\Iile precinct 
I have nothing further to say about that than what I have already said and 
what is contained in the letters. I know nothing further about tliat. It is 
also stated that the voters apiiealed to me by a protest in writing, but that 
nothing was done by the said judge (nieaning myself) ot right the wrong. I 
would say in reply to that that the communications were not received until 
long after the election was held, and there was nothing that I could do at that 
time to a.s.sist them in the matter wbicb they bad called to my attention—the 
election bad already been held. There is also a statement that some fraudulent 
fiction was bad by the commissioner in tbe election districts wherein Gripple 
(’reek, ‘Fish (’reek, and other voting precincts in tbe fourth division are 
situated. About that I liavi' no knowU'dge at all. I don't know where the Fish 
Ci-eek precinct is unless it is a precinct somewhere about 29 miles from Fair¬ 
banks. Tbe Gripph' Greek precinct is in tbe Innoko country as I iu>w recall. 
\v'bat tbe conditions were there I don’t know. 

(). How far is tbe Innoko country from Fairbanks, your residence, approx- 
imatm.N ?—A. By tbe river it is about 1,359 or 1,490 miles and by the winter 
trail I would say about 059. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 611 


Q. Have you previous or since the election of 1918 received any complaints 
from any of the voters of any other precinct than that of Jack ANhide CreekV— 
A. No, I have not; the only communications that I have received on that 
subject were from ^ir. C'ole, as I have stated. 

Air. Hep:i). Is .lack Wade precinct the same as Forty Alile precinctV 

A. The Forty Alile precinct as referred to in the iWord is the Forty Alile 
recording precinct where Air. John J. Donovan is United States commissioner. 
The Chicken Creek precinct and the Jack Wiide Creek i)recinct are voting 
I)reclncts within the Forty Alile recording precinct. 

By Air. Donohoe : 

Did the clerk of your court, the clerk of the district court for the fourth 
division, in sending out election supplies to the various commissioners through¬ 
out your .division for the election of the year 1918, accompany them with a 
letter which met with your approval?—A. A"es, the clerk of tlie court, prior 
t(> sending out the election supplies, prepared a letter which he submitted to 
me and which met with my approval. It came about in this way^: Wluai I 
went to Fairbanks in 1915, fund C of tlie court was 84,500, or thereabouts, in 
debt. Of that amount nearly a third was for election expenses for 1914; in 
fact the clerk had all of tliese vouchers for election expenses as sent in by the 
judges of the election, but very few had been paid. We had to secure authority 
from the attorney general to pay those exi)enses outside of our regular 
method or at any rate to arrange so that it could be paid. 

Q. Is fund C a fund at each of the four district courts of the Territory of 
Alaska to pay the contingent expeiises of the court and also the expenses of 
holding the elections in Alaska?—A. It is. 

Q. And how is that fund created; what is paid into that fund to create it?—A. 
Earnings from the docket fees and fines and forfeitures. 

Air. Donohoe. I would ask that that letter sent by the clerk to the commis¬ 
sioners, to which you Imve referred, be marked “ Exhibit- H ” to the deposition 
of Charles E. Bunnell. 

(The said letter is so marked, without objection, and read by the witness in 
full. The letter is attached hereto and made a part hereof, being marked “ Ex¬ 
hibit H ” to the deposition of Charles E. Bunnell.) 

The AVitness. The letter w’’as prepared by Air. Clark and we had in mind trying 
to keep the expense down within reasonable limits. The returns of preceding 
elections showed that in some places there were only three or four votes cast 
and the expense might run anywhere from .$80 to $40 for posting notices and 
election judges and fund C has been so short that I felt that some effort should 
be made to keep the expense within bounds. That exhibit is a certified copy 
of a letter from the files of the clerk of the court at Fairbanks—a certified 
copy of his copy. 

Ch This last letter that you have read, which is Exhibit H to your deposi¬ 
tion—was a copy of that letter sent to each of the commissioners in your divi¬ 
sion?— A. The clerk of the court so informed me. 

(J. In section 15 of Air. AATckersham’s contest he refers to you as judge, making 
your ai)j)ointments of commi.ssioners in your division, the fourth judicial divi¬ 
sion of Alaska, for p'olitical advancement of your party. AA’hat have you to say as 
to any changes you may have made in the commissioners in your division and 
the appointments of their successors?—A. AA'ell, in the first place, it is very 
difficult to secure commissioners, and my fii-st idea is to appoint men who are 
qualified to perform the duties; that is the first consideration. I do experience 
some difficulty in finding men to toke these positions in out of the way places. I 
have appointed some Bepublicans and I have appointed some Democrats. It is 
not a question of politics as to who is appointed. I would say that when I first . 
went to P'airbanks I at once received several resignations from commissioners 
who were Bepublicans. George AAh Albrecht, Esq., of Iditarod, was United 
States commissioner and deputy clerk of the court there. He promptly resigned, 
stating in his resignation that he was a Bepul)lican and he presumed I wanted to 
appoint a Democrat. I a]ipointed a Democrat. Air. E. Uoke Hill, of Ruby, was 
United States commissioner there. He resigned, stating that he was a Bepubli- 
can and presumed I wanted to appoint a Democrat. He is now assistant dis¬ 
trict attorney in the fourth division. I appointed a Democrat. And so it has 
been—some Democrats have been appointed. Some of the old commissioners 
are still in office who were in office when I went there—one of them, Dr. Green, 
who is commissioner at McGrath. Joseph C. Dean is the commissioner at 


612 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Tanana. I liave been informed that lie is a member of tbe Uepublican divisional 
committee of the fourth division. I have never asked him about it. Mr. 
Grilfin, one of the old commissioners, is now the commissioner at Hichardson, 
I removed ]Mr. Griflin from oilice at one time and appointed another man 
and some time aj<o, a year or more, I think, I reai.ipointed Mr. Griflin. He 
had nejtlected his records. Several of the commissioners went away, left their 
offices, and it became necessary to afipoint others; amoiiK them are U. (J. 
Myers, who was formerly commissioner at Eajile and had been commissioner 
for several years. Another was Frank Reynolds, of Circle. Samuel Marsh, 
of the Chandlar, had been away from his office, I ^ruess, two years when 1 
went there. It is very difficult to secure commissioners in the out of the way 
places. Other commissioners I have removed for cause, and the reasons 
were, inattention to their duties and nejjdectinj>: the affairs of their offices and 
whetlier they were Republicans or Democrats I don't know. I bave just ap¬ 
pointed Mr. Daniel Webster as a commissioner in the Koyukuk. What his 
politics are I don’t know. I think it was three years ago or four years 
ago that he,ran on the same ticket with Wickersham, on the same ticket that 
M'ickersham did, but as I said before, it is not a (piestion of politics, it is a 
(piestion of getting good men. 

(h Have you ever removed any of your commissioners from office because of 
their failure to suiiport a Democratic nominee at the election?—A. No, sir; I 
have not. I don’t know who they support. I have an idea how some of them 
vote, but exactly how they vote I don’t know. 

And I understand you to say, that in making these appointments .vou are 
not controlled at all by political faith of the man that you appoint as com¬ 
missioner?—A. Well, I’will say that I am not entirely controlled by his politics, 
and 1 will say further that in cases such as that of IMr. Albrecht and ]\Ir. Hill, 
who resigned, themselves suggesting that they were Republicans and presuming 
that I wanted to appoint Democrats, that I a])pointed men whom I believed to 
be Democrats, and when I created the Tolovaiia and Nenana precincts I ap¬ 
pointed men whom I believed were Democrats. 1 bave never bad the (piestion 
raised before except in this c(»ntest proceeding. 

Q. -ludge, how do you happen to be in Valdez at this time?—A. When 1 was 
at Holy Cross, on my way to Fairbanks from Flat, where I had bc^en holding 
court, and on the 2()th of August, I think it was, of this year, I received a wire 
from the clerk of the court at Valdez reipiesting me to come here in the third 
division to hold terms of court that had been called at Seward and at (’ordova, 
the clerk informing me that he wired me at the request of .fudge Brown, and 
1 have been in this division holding court ever since the 8th dav of September, 
1919. 

Q. Is there anything else you wish to state?—-A. ddiere is nothing further 
*b{|t I recall. 

Mr. DoNoiiop]. That will be all then. 

Cro.'^s-examination, by IMr. Reed : 

(i. In regard to the Fortymile precinct, do you know how many voting pre¬ 
cincts were created in that recording precinct?—A. In 1918, you mean? 

Q. Yes.—A. I do not. The n'cord in the office of the clerk of the court would 
show that, or in the office of the .secretary of the Terriloi'y. 

Q. How many do you know of? Was .lack AVade precinct one <jf the voting 
pi-ecincts?—A. That I can’t tell you. 

(}. Y'ou don’t know the nanu^s nor the numbt'r of the voting juvcincts that 
were created by Commissioner Donovan within his recording precinct?—A. No; 

I do not. That information I could have sc^cuivd at Fail banks, but I did not. 

(J. Do you know as to the population of that particular voting pivcinct re¬ 
maining practically and proportionately the same during a number of years, 
or has it changed•.-*—A. That 1 couldn’t tell you. My opinion would be that the 
population in 1918 was considerably h'ss than in 191(5; practically all of the 
towns of the interior have suffered a great decrease in population '; that might 
not be true with the Fortymile precinct?—A. I don't know. 

(}. You don’t know the reasons why this commissioner redivided his rec'ord- 
ing jirecinct?—A. No; I do not. I have no information on that subject at all. 

(}. He is still commissionei-'?—A. Y(-s; he is still commissioner. 

c]. There was no olhcial action taken on your part to ascertain the cause of 
the redivi.sion or as to whether or not the redivision was in acc'ordance with 


WICKERS HAM YS. SULZER, DECEASED, AND GRIGSBY. 


613 


the best interests, to secure tlie total vote in the recording i)recinct, or whether 
it was adverse to the best interests of tlie voters?—A. No; I haven’t jrone into 
tJiat snbejct any further than throii^li the connnunications with Mr. Cole. Mr. 
Cole seemed to be the one who was particularly interested in it and acting for 
the others, and I was depending upon him to give me such information as he 
had. 

(}. But there was no further proceedings taken by you regarding the 
question of the redivision of that i)recinct?—A. No. It was like this—I hoped 
to be able to make a trip to the upper Yukon. My plan was to go to the 
Koyukuk and then across country to the Yukon and to Forty Mile if pos¬ 
sible. I tried to cover several of the precincts this summer and succeeded in 
covering eight of them, I believe. You understand the communications which 
one receives are more or less unsatisfactory. 

Q. You have no knowledge of the number of votes that were affected by 
the redivision?—A. No; I have no knowledge of that, except such as I would 
gain from the statement of Mr. Cole. 

(}. And you don't know from any subsecpient knowledge as stated by you 
as to whether the redivision served the majority interest or the greater 
interest of the i)eople there or whetlier it was averse to those interests?— 
A. No ; that I don’t know. 

Q. And in regard to the time of posting the notices in those precincts, by 
reason of the change in the voting precincts and the redivision—you don’t 
know how much time the public was given in regard to the publishing of those 
notices? 

A. No; I do not. I expected when I first wrote to Mr. Cole that he would 
give me that information in reply. 

(}. You ascertained that he had made the oi’der redividing the precinct 
within the time prescribed by law?—A. I am not sure that he did—I don’t know. 

(^. You don’t know as to any of the facts in regard to the posting of the 
notices?—A. No; I do not. 

Q. And you state that from your reading of the law in regard to posting 
the notices no specified time prior to election day is required under the law?— 
A. No; I didn’t state that. My understanding is that the notices should be 
l)osted 80 days before the date of the election and that the order redistricting 
under the Compiled Laws has to be made 60 days prior. 

(L And speaking of the Jack Wade voting precinct, you think that is a 
voting precinct within the Fortymile precinct?—A. Yes; I am sure of that; 
the (lata which Mr. Cole gives me of the 1916 election shows live voting pre- 
eincts. 

Q. Was five the number of voting precincts after the redivision was made?— 
A. No; the five voting precincts were in 1916; I don’t know how many there 
were in 1918. That information I could easily secure, of course. 

Q. Do you know the number of voting precincts and the places where the 
voting was held prior to 191 (>—how long these five precincts had been estab¬ 
lished’?—A. No; I do not know that; that is all a iqatter of record at Fair¬ 
banks. 

By Mr. Doxohoe : 

Q. Did you receive any knowledge whatever that the voters of the Jack 
Wade voting i)recinct or any other precinct in the Fortymile rec'ording dis¬ 
trict were dissatisfied with the precinct divisions prior to the time the elec¬ 
tion was held on November 5, 1918?—A. No; I did not. The first time that 
I ever heard anything about it was the 24th of November, about that time. 
You see. the mail is ofttimes very long in transit from the Fortymile country 
out to Eagle and Circle and Fairbanks—sometimes it is a couple of months or 
so on the road. Y"ou note that my letter of November 27 to iMr. Cole seems 
not to have been received by him until the 1st of January; and his letter of 
the 1st of January was n^ceived by me. I think the letter shows, on the 24th 
of February. If a letter misses a mail it has <iuite a long wait. 

Witness excused. 

. Charles Bunnell. 

Subscribed and sworn to before me this 11th day of October, 1919. 

{seal.] Frank J. Hayes, 

Notary Public for Alaska. 


Commission exi)ires May 19, 1921. 


614 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Exhibit A. 


.Tack Wade, Alaska, 

October 12, 191H. 


Judge 0, E. Bunnell, 

Fourth Division, Court, 

Fairbanks, Alaska. 


Dear Sir: Notwithstanding the fact that at least 30 voters use this jiost 
office, in redistricting the Forty-mile precinct, we are now reipiired to vote at 
Franklin, some 15 miles distant. 

A noni)olitical signed protest, of the resident Wade Creek voters, will follow 
this for the purpose of registering our dissatisfaction. 

Respectfully, 


Chas. E. M. Cole, 


(By reipiest of the voters.) 


Exhibit B. 


Jack Wade, Alaska, 

October 2Jf, 1918. 

lion. C. E. Bunnell. 

Dear Sir: I am inclosing the protest mentioned in my last. With one excep¬ 
tion it includes the voters at this point, all of whom could vote at .lack Wade 
with the SB me exertion used in getting their mail. This is submitted as an ex¬ 
pression of disapproval and should he expected hy any community so treated. 

This precinct could have been divided in such a manner that the scattered 
voters would have been put to no unusual inconvenience. 

I want to call attention to the votes of lOlO, the polling places then and now. 


# 

Precinct. 

Sulzer. 

Wicker- 

sham. 

Lewis. 

Total. 

Chicken. 

10 

8 

4 

22 

Franklin. 

5 

3 

4 

12 

Wade. 

3 

9 

9 

21 

Steel. : 

1 

9 

2 

12 

Moose. 

15 

1 

3 

19 

Total. 

34 

30 

22 

86 


It can not he said that the redivision was made GO days before the election and 
imhlished 30 days in advance of election day, for the matter was under discus¬ 
sion at Franklin, and unsettled on September 26, 1918. 

Respectfully, 

Chas. E. ]\[. Cole, 


Exiihut C. 


I’ROTEST. 

To Hon. C. E. Bunnell: 

The undersigned, resident voters of .lack Wade, Alaska, hereby protest 
against the action of .1. J. Donovan, Ihiited States commissioner, in reilistricting 
the Forty-mile precinct, thereby depilving us of our customary polling place. 

First. On the grounds of apparent illegality, since at all elections subsequent 
to the first one lield under the existing law, such redistricting is required to he 
done “at least GO days before the election." and not some 30 days, as in the 
])resent case. 

Second. In redividing the precinct the inclusion of Siiiiaw ('reek and Walkers 
Fork (two creeks that get most of their mail at this post office) with Jack 
Wade, would at any time make a full voting precinct and not add to the present 
inconvenience of the voters of said two creeks. 

'Phird. The pi-escait arrangcmient, if allowed to stand, takes us to a smaller 
camp, necessitates two days’ travel of 30 miles and the consequent road-house 



















WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


615 


expense. Tliis i)r(>test is nnide believing!: that tlie law never eonteinplated such 
unnecessary inconvenience to citizens and is not of a political nature. 


T. E. Phillips. 
(Jeorge \V. Mick. 
Agnes Hick. 

(hi AS. E. :M. Cole. 
.John ^Ieilanett. 
.James H. IMohris. 
George K . Pilz. 
Ole Perg. 

.John ^I. P>rooks. 
.John A. TjAmbert. 

October 23, 1918. 


Andrew 1.,assen. 

Chas. Ji. .Johnson. 

Chas. Arnold. 

N, ]NJ. I*ATTERSON. 

.John J*. (’arroll. 

W. Hunt. 

Mrs. Hannah .1. .Johnson. 
.John Ostergard. 

K. \j. 1^]CKSTEIN, 

.James Madigan. 


lOxHIBIT H. 


l^\\iRBANKS, Alaska, Xorcinbcr 27, 1918. 

Mr. Charles IM. (\ile. 

Jack Wade, A/g.sAyl 

I >EAR Sir: 'This is to acknowIedR:e receipt of .vonr coininnnications of October 
12 and October 24, tojietber with [irotest si^'ned by various residents of the 
IYn*ty-niile precinct. 

The duty of dividing a recording- precinct into voting precinc'ts under the pro¬ 
visions of the ('onipiled Laws of Alaska devolves upon the Enited States coni- 
inl.ssioner, and I gather from what yon say that the commissioner so divided 
the recording jirecinct info voting precincts as not to meet with the approval of 
tho.se who have in-oti'sti'd. You, of conr.se, understand that this is an act per¬ 
formed by the commi.ssioner and has nothing to do with an.v duty of the jndge 
of the district, exi-ept that, if it should appear that tlu‘ commissioner has so 
failed to dischai-ge his duties as commi.ssioner in that regard, the court might 
consider tin* (]iu.stion of removing him and putting some one else in his place. 
I^'rom what little data there is now before me, yon can well und(*rstand I would 
not he jiLstitied in asking foi- Mr. I>onovan's resignation. I will endeavor to 
.secure a coiiy of the order he made establishing tin* voting precincts this year 
and compare it with wliat has heretofore been done. T1 e parliciTar c(mii)laint 
in the protest seems to he that tin* i-esidents of the precinct wc'iy* not notilied for 
a period greater than o<> days. It seems fi-om what you say that Mr. Donovan 
has complied with the law in the matter of imhlishlng noiici's. The law does 
i-eipiire that an order he entered estahli.shing the precincts Oh days before elec¬ 
tion, hut a dO-day pei-iod of publication does not seem to he reijuired. Any fur¬ 
ther information you can give me (Hi this .subject will he greatly appreciated. 
It does not seem to he cluirged that ]Mr. Donovan, by estal)Iish;ng tl.e precincts 
as he did, was guilty of playing politics or trying to dei)rive anyone of his or 
her vote. 

Very truly, Aours, 

Gharles Bunnell, Dintrict Judftc . 


Exhibit I*J. 


.Jack W.\de. Alaska, 

Jaauanj ], 1919 . 

Hon. G. I^]. Bunnell: 

Dear Sir: J am in rtY-eipt of your letter of November 27, and in reply will 
say the protest was jirepared and i)re.s(*nted by almost unanimous reque.st, so 
deejily did the residents of this creek feel the loss of their votes. I don't care 
to elaborate to the extent of making formal comiilaint, though beyond a doubt 
there would he ample justitication. As a notary I have prepared and furnished 
certified copies of this pi-otest, to intei-ested persons, I will add this: I never 
considered that a commissioner had supervisory powers over a community, 
I'ather his work should he imiiersonal, and om* should he temperamentally idiove 
vindictivene.ss. Dost ollices have not been above Jtonovan's “ken," Ask .John 
lioherts, Jh-anklin postmaster, idiout his rrial October (5 or 7, 1918. Ihitrons at 
Wade office were aske'! to have me removed, too, after nine years' satisfactory 
.‘•ei'vice. \Try foolish man is all I (-an say. 

Be.spectftilly, 


CiiAS. I^J. M. Cole. 


616 WICKERS HAM VS. SULZER, DECH^ASED, AND GRIGSBY. 


Exhibit F. 


.ludse i\ E. Hvnnelb: 

Dear Sir; The form of protest i-eferred to in letter this mail is as follows 
and will he signed by 21 voters of this immediate creek: 


“a protest. 


“ The nndei-si^med, resident voters of .Tack Wade, Alaska, hereby protest 
a.irainst the action of .1. .1. Donovan, F. S. Commissioner, in redistrictinj? the 
P''orty-mile precinct, thereby depriving: ns of our customary pollin.s: i)lace. 

“ First. On the ,m*ounds of ap])arent ille;j:ality, sin(*e at all elections subse- 
(pient to the tii-st one held under the existinjr law, sueh i‘edistrictin.u is requiretl 
to be done ‘ at least (>() days befoi'e the election,’ and not some .SO da.vs, as in 
th(' present case. 

“ Second. In redividin.i; the precinct, the inclusion of Squaw and Walkers 
Fork, two creeks that a:et mail at this pest office, with .Tack Wade would at any 
time make a full votin'!: precinct and not add to the present inconvenience of 
the voters of said two creeks. 

“Third. The i)resent arranjicment, if allowed to stand, takes us to a 
smaller camp, iiecessitates two days' travel of SO miles, and the conseipient 
road-house expeiise. 

“This i)rotest is made, beiievini!: that the la.w never contemplates such unnec¬ 
essary inconvenience to citizens and is not of a political nature.” 

T may jidd tlu're can be r.o' possible excuse foi‘ so dividing: the jiatrons of a 
l)ost office. 

Respectfully, (’has. E. ]M. Dole, 

(For the voters.) 

Exhibit G. 

Fairbanks, Alaska. Fehniari/ 2'f, IhFK 

Mr. CTias. E. M. Gole. 

Jack Wade, At a.ska. 

Dear Sir: Receipt of your letter of .Tanuary 1, 1919, is acknowledjred. T 
am experiencing: some difficulty in trying- to determine what you want and 
also what you are getting at. You have sent me a protest, sigmal by several 
jiarties. agjiinst the way the commissionei’ redivided his recording jirecinct 
into voting iirecinets. Tlie protest is dated 0( tober 2,S, 191<S, and did not reach 
me until long after the November elecriou was held. I wrote you November 

27, requesting further information if such you had. Now you write me and 

ajinai-ently decliiu' to give me any further information on the subject except 
t<* state th;it as a notai-y public you have lieen making certified copies of this 
l>rotest and sending them to interested j-arties. This is interesting information, 
l)Ut serves me no useful pur]>ose. Aiti)arently you are trying to charge the 

Frn’ted States commissioner with some misfeasance in office. You indicate 

that if you had been commissioner you would not have redistricted the re¬ 
cording district.’ Then you go on to tell me what the vote was in 1910, and 
just how all the precincts voted. Tt would seem at first glance that you are 
attempting to charge the commissioner with deiiriving some one of an op¬ 
portunity to vote yet that can hardly be what you mean, for all the signers 
of the iii'otest must have known on October 28 just where the iiolling iilaces 
were and where they would have to go to exercise their right of suffrage. 
Tf you are disposed to give me any information on this subject, T shall much 
appi-eciate it. 

Very ti'uly yours, 

Charles Runnell, 

District Judge. 

• Exhibit IT. 

Dlstrict Court of the Territory of Alaska, 

Fairbanks, August 26, 19IS. 

To Fnitrd Ffates Foaimissiouers: 

Sui»plies are inclosed hei'ein for tlu^ voting precincts in your recording pre- 
<inct. An invoice is also inclosed and you may apportion the supplies herein 
to the different voting precincts. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 617 


Please see that all voia-hei’s for posting; noti(*e of eleelion are executed and 
returned here foi* i)ayinent promptly. Also please he sure and sijjn the certiti- 
••cate of postine: notices, as well as having; the same signed by the person who 
posted the notice. 

rommissioners, generally, are to he commended npon the nianner in which 
they have responded to the suggestion of economy in election expenses. There 
is still one matter, however, which should he brought .to the attention of the 
'■election oflicers. 

It appears that many election judges are under the impression that a 
strong and expensive ballot box must he had. Such is not the case, and some 
'dissatisfaction hjis been the result of disallowing exorbitant charges for ballot 
boxes. In places where a good ballot box has been made, it should he used for 
all suhst'cpient elections, hut if it is found necessary to incur such expense, 
then only a nominal charge will be allowed. 

The same general request for economy is made herein as was made in the 
•('lection two years ago. You are earnestly requested to bring these matters 
ilirectl.v to the attention of ele(*tion officers and if his is done, complaints and 
dissatisfaction regarding the allowance of expenses will he eliminated. 

The attention of one or two commissioners is directed to section 800 of the 
Pomi»iled Laws of Alaska. The law does not contemplate the establishing of 
voting lU'ecincts in places where many prior elections have proven that there 
are hut five or six votes. While it is not Ixdieved that any considerable num¬ 
ber of voters should be dei)rived of their franchise by reason of having no 
voting ju-ecinct established, yet it is a matter which should receive the careful 
attention of the comipissioner creating the same. 

Res])ect fully, 


J. E. Clark, Clerk. 


fin llie district court for Ihe Territor}' of Alaska, fourth judicial division.] 


I'NiTKi) States of America, 

Territory of Alaska, Fourth Judieial Division, ss: 


CERTIFICATE. 


I, H. Claude Kelly, clerk of the District ('ourt for the Territory of Alaska, 
fourth judicial division, hereby certify that the foregoing and hereto attached 
tine page of typewritten matter constitutes a full, true, and complete copy, and 
the whole thereof, of a cojiy of the letter sent to all commissioners iu the 
fourth division of Alaska with supplies for the general November, 1919, elec¬ 
tion, as the same appears in the files of my office. 

In witness whereof I have hereunto set my hand and the seal of the ahove- 
entitlo;! court this 29th day of August, 1919. 

|.SE\L I H. CLAri)E Kelly. 

Clerk. 

Tnitei) States of America, 

Territory of Alaska, ss: 

I, Fi-ank .1. Hayes, a notary jaihlic. in and for the Territory of Alaska, duly 
commi-ssioned, qualilfed, and sworn, do hereby certify: 

That A. E. Rucker, one of the witnesses named in the hereto annexed notice 
.and deposition appeared before me at my office at Valdez, Alaska, at the hour 
of 8 o'clock in the afternoon on October 7, 1919, and thereupon gave his depo¬ 
sition as hereinbefore set forth upon oral interrogatories then and there pro¬ 
pounded to him by Anthony .1. Dimond, attorney for Oeorge P>. Crigshy, the 
contestee. and cross-interrogatories propounded to him by E. E. Ritchie and 
J. L. Reed, attorneys for .Tames Wickersham, the contestant. That said testi¬ 
mony of the said witness when given was taken down in shorthand by I. Ham¬ 
burger. a •disinterested person, under my direction, and after being transcrilied 
the said witness read his deposition and signed and swore to the same before 
me as being true in all respects. 

That thereu]K)n and on Octolx'r 18, 1919, at my said office at Valdez, Alaska, 
at the hour of 10 o’clock, in the forenoon of said date there appeared before me 
Ilamner Houston and Anthony .1. Dimond, two of the witne.sses named in the 
hereto annexed notice, and thereupon gave their depositions as hereinbefore 
.set forth. The direct interrogatories were proiiounded to the soid Ilamner 
Houston by Anthony .1. Dimond, Esq., atttorney for (feorge H. Grigsby, con- 


618 WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 


testee, and the cross-iiiterroi'atories were i)ro))()Uiinde(I to said witness hy E. E. 
Uitehie, Esq., one of the attorneys for .James Wiekershain, contestant. That the 
said testimony of the said witnesses, Ilanmer Houston and Antliony .J. I)i- 
mond. wlien .aiven was taken down in slioi’thad hy I. Hamburger, a disinter¬ 
ested pei'son, under my direction, and after being transcribed the said witnesses 
read tlieir depositions and signed and swore to the same before me as being 
true in all respects. That thereupon, with consent of all parties, tlie taking. 
<d’ said depositions wa's continued until o o’clock p. m., on October 13, 1919. 

That thereupon and on October 13, 1919, at my said otii(‘e at Valdez, Alaska, 
at the hour of o o’clock in the afternoon of said date there appeared before me 
(diaries E. I>unnell, one of the witnesses named in the hereto annexed notice,, 
and tliereupon gave his deposition as hereinbefore set forth. The direct inter¬ 
rogatories were propounnded to the said (diaries 1^1 Bunnell by T. .1. Dono- 
hoe, I^]sq., attorney for (ieorge B. Grigsby, contestee, and the cross-interroga¬ 
tories were proiiounded to said witness by .1. Tj. Heed, lOsq., attorney for .Tames- 
Wiekershain, contestant. That the said testimony of the said Charles E. 
Bunnell, when given, was taken down in shorthand by I. Hamburger, a dis¬ 
interested person, under my direction, and after being transcribed the said 
witness read his deposition and signed and swore to the same before as being 
•true in all respects. That thereupon, with consent of all parties, the taking of 
said deiiositions vras continued until 5:30 o’clock p. m., on Octolier l.j, 1919. 

ddiat thereupon and on Octolier 15, 1919, at my said oflice at Valdez, Alaska, 
at the hour of 5.30 o'clock in the afternoon of said date there appeared before 
me H, B, Selby, one of the witnesses named in the hereto annexed notice, and 
thereupon gave his depositions as hereinliefore set forth. The direct interrog¬ 
atories were jiroiiounded to the said Jl, B. Selby by Antliony ,1. Diniond, Esq., 
attorney for George B. Grigsby, contestee, and the cross-interrogatories were 
IirojHiunded to the said H. B. Selby by .T. L. Reed, Esq,, atttorney for .Tames 
Wiekershain, contestant. That the said testimony of said H, B. Selby, when 
given, was taken down in shorthand by T. Hamburger, a disinterested person, 
under my direction, and after being transcribed the said witness read his depo¬ 
sition and sigined and swore to the same before me as being true in all resjiects. 

That the foregoin.g dejiositions contains a full, true, and correct transcrijit 

of the testimony given by each of said witnesses at the times and places 

aforesaid: also contains a full, true, and correct transcriiit of all objecti(ais 
interposed to sa.id testimony at the time and jilace of taking said depositions 
by the attorney for the i-espective parties; also contains a full, true, and 

correct transcrijit of all statements made liy the attorneys of the respective 

liarties relative to said testimony ; also contains lilxhibits A, B, (’, D, E, T’, G, 
and H, introduced in evidence by (diaries Bunnell and the same are 
attached to and made a part of the deposition of the said (’harles Tk Bunnell, 
and are all identitied as such exhibits by my signature; also contains the said 
exhibits A and B, attached to and made a part of the deposition of witness 
A. E. Rucker, said exhibits being identitied liy my signature. ' That the ex¬ 
hibits introduced at the testimony of Hanmer Houston were incorporated in 
said testimony, and the said original exhibits are not annexed to the deposi¬ 
tion of the said Hanmer TTouston in order to save repetition and with the 
consimt of all parties to this jiroceeding. 

In M’itness whereof, T have hereunto ’set my hand and affixed my official 
seal at Valdez, Alaska, this 17th day of October. J919. 

IsEAL.l Frank ,T. Hayes, 

Xotarn PuhJi(‘ for Ahtstka. 

Wy commission expires ^lay 19, 1921. 

Be it remembered, that i)ursuant to notice hereto annexed, and on the 14th 
day of October, 1919. at 7..30 o’clock p. in. of said day, at Nome. Alaska, 
before me, Ti. E. Weith, a notary public in and for the Territory of Alaska, 
personally apjieared T. 1*. Killeen, E. D. Evans, and .T. H. Wa.iruire, witnesses 
produced on behalf of the contestee in the above-entitled action, now pending 
before the House of Representatives of the United States, who being by me 
<luly sworn, were then and theie examined and interrogated by Hugh O’Neill, 
counsel for contestee, and O. T). Cochran, of counsel for contestant, ami 
testified as follows: 

(It is hereby sti])ulated and agreed that the taking of the depositions be, and 
the same is, hereby continued until 7..30 p. m. this day. Upon motion of 
Hugh O’Neill it is ordered that all witnesses in the above-entitled cause 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


619 


appear before L. K, Weitli, notary piil)lie, at 7.80 p. ni. this eveninj?, at the 
same place as provided in said notice, without further notice.) 

NOTICE OF TAKING DEPOSITIONS. 

To Janic.s Wiekcr.sJiani, contefitant, and M. Ward (irlfflih, hin agent: 

Yon. and each of you, will please take notice that the contestee, George B. 
(trigshy, will take the depositions of Justice Pickinicktalick, Monroe Gonnon- 
nan, and tJeorge Kotook, all of whom reside at Unalakleet, Alaska; T. P. 
Killeen and K. D. Evans, both of Nome, Alaska, before L. E. AVeith, a notary 
public for Alaska, at the otiice of Hugh O’Neill, on Steadman Avenue near 
Front Street, in Nome, Alaska, on the 14th day of October, 1919, at the hour 
of 2 o’clock p. m, of said day. 

Dated at Nome, Alaska, this 9th day of October, 1919. 

Hugh O’Neilu, 
Attorneg for Contentee. 

'rEKKlTOUY OF ALASKA, 

t<econd ])irision, s.s: 

T. P. Killeen, being duly sworn, deposes and says that he is a citizen of the 
Thiited States, of lawful age, and a resident of the town of Nome, Alaska; 
that he knows iiersonally the above-named AI. Ward Griffith. That on the 
9th day of October, 1919, affiant received the foregoing notice of the time and 
place for taking the depositions in the contest above entitled, and on the 
same day j)ersonally served a duplicate thereof, signed by Hugh O’Neill, at- 
toiTiey for contestee, on the said AI. AVard Griffith, in person, at Nome, Alaska; 
That said seiwice was made by delivering, as aforesaid, to the said Griffith in 
person by this affiant in person, at about 4..80 o’clock p. m. on the said 9th day 
of October. 1919. 

T. P. Killeen. 

Subscribed and sworn to before me this — day of October, 1919. 
r.si:AL.] L. E. AATuth. 

Xotarg Puhlic for the Territory of Alaska. 

(Aly commission expires Nov. 14, 1921.) 

To James Wiekersham, contestant, and M. Ward Griffith, his agent: 

A^ou. and each of you, will please take notice that the contestee, George B. 
Grig.sby, will take the depositions of .1. H. Alaguiie before L. E. AA'eith, a 
notary public for Alaska, at the office of Hugh O’Neill, on Steadman Avenue 
near Front Street, in Nome, Alaska, on the 14th day of October, 1919, at the 
hour of 7.80 o’clock p. m. of said day. 

Dated at Nome, Alaska, this 14th day of October, 1919. 

Hugh O’Neill, 
Attorney for Contestee. 


Tekritopy of Alaska, 

fierond Dirision, ss: 

T. P. Killeen, being duly sworn, deposes and says: That he is a citizen of the 
Ihiited States of lawful age, and a resident of the town of Nome, Alaska. 
That he knows personally the above named AI. AA^ard Griffith. That on the 14th 
day of October, 1919, affiant received the foregoing notice of the time and place 
for taking the depositions in the contest above entitled, and on the same day 
personally served a duplicate thereof, signed by Hugh O’Neill, attorney for 
contesteel on the said M. AAbird Griffith, in person, at Nome. Alaksa. That said 
service was made by delivering, as aforesaid, to the said Griffith in iierson by 
this affiant in person, at about 3 o’clock p. m. on the said 14th day of October, 
1919. 

T. P. Killeen. 

Subsci-ihed and sworn to before me this — day of October, 1919. 

[seal.] T^. K. Weith, 

Notary Puhlic for the Territory of Alaska. 

Commission expires November 14, 1921. 


620 W’K^KERSHAM VS. SULZER, DECEASED, AND &RIGSBY. 


DEPOSITION OF T. P. KILLEEN. 

T. 1*. KILLEEN, a witness ealled on behalf of the contestee, being first (Inly 
sworn, testified as follows: 

Direct examination by I\Ir. O’Neill: 

(}. INIr. Killeen, what is yonr business?—A. At the present time I am agent 
for the snpiiression of the licpior traffic among the natives. 

Q. Agent for the suppression of the lirpior traffic among the natives. Have 
yon been down at L'^nalakleet recently?—A. Yes, sir; 1 was down there in 
August. 

Q. How long have yon been agent for the suppression of the liquor traffic 
among the natives?—A. A year ago last July. 

Q. And your business took you into Unalakleet on various occasions?—A. Yes, 
sir. 

Q. Are you familiar with the residents of Unalakleet?—A. Yes, sir. 

(}. I show you this document and ask you if you know any of the persons 
named in that document?—A. I know nearly all of them. 

(}. Are they white or Eskimos, generally?—A. Generally, they are Eskimos; 
there are eiglit whites there in this list. 

iNIr. O’Neill. I offer tliis document in evidence, and ask that it be marked 
“ Contestee’s Exhibit A.” 

IMr. CocHEAN, I object to that; it is an omnibus proposition; object to the 
manner of the interrogation of the witness, upon the individuals named in this 
document. 

(Voting list of Unalakleet precinct received in evidence and marked “Con¬ 
testee’s Exhibit A.” 

Q. What is the business generally of the E.skimos in L'nalakleet? 

Mr. C’ociiRAN. Objected to as immaterial. 

A. Fishing and hunting, some of .them. 

Q. State the ones that live by fishing and hunting.—A. I could easier state 
the others. 

(L State the ones that do not.—A. George Kotook, he works in the summer 
time with his boat; he has a boat; Arthur Soxie lives by fishing and hunting and 
curing skins for making Mucklucks; Shafter is a reindeer herder—Toasvick, 
that is his last name, I suppose; there are quite a lot of those that are women. 

Q. With resjiect to the women.—A. Katchatak is always fi.shing and hunting. 

(>. With respect to the women, what are their means of livelihood? 

Mr. Cochran. Objected to as too general. 

A. Cleaning seal and working around, that is all T seen tlunn do; in the winter¬ 
time they fish tomcod, when I go through there in the wintertime; when I 
go through there in the summer time working on sealskins. 

(L Do the natives generally live there under the same conditions and modes 
of living that they did h(u*e in the early days? 

Mr. Cochran. That is objected to as leading. I sug,gest that the witness 
be iiermitted to testify. 

(]. I will change the form of the (piestion. M'hat differenc(? is there now in 
the mode of living of the Eskimos generally in Unalakleet’ and that mode 
which they pursued in early days; that is, 19(K> or thereabouts'?—A. Well, the 
only difhmence T could see in their houses and their dwelling houses is, that they 
have got beds in the houses now, whereas they used to sleep on the floor before. 

Q. Do you know anything about the educational qualilications of the natives, 
gimerally, at Unalakleet?—A. I do some; .ves sir. 

Q. State what you know as to their educational (lualifications—A. The 
younger generation there are fairly smart, but the (dder folks, several of them 
I know of can't either read or write. 

(i. Can you desi.gnate on that list of voters of the Unalakleet Precinct the 
ones that can not either read or write?—A. INIrs. George Kotook, Katchatak- 

IMr. Cochran. He can neithei* read nor write?—A. No. Washoalook- 

Mr. Cochran. He- can neither read nor write?— A. No. Helga Katchatag, 

Mary Ihiwer- 

Mr. O’Neill. That is Tom Power’s wife?— -A. Yes, sir. Taktook. 

.Mr. Cochran. He can neither read nor write?—.V. No. That is all I can 

say that I know anything about that can neither read nor write. 

Mr. O’Neill. Do you know as to whether these natives at UnalakleiT know 
anything about politics, or take any interest in politics?—A. few of them do. 





WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


621 


Q. Name the ones you know that do. 

Mr. Cochran. I object to him taking that list for that purpose. 

Q. All right, name them independently.—A. The man that took the most 
interest in politics-- 

Mr. Cochran. The (piestion is to name the ones that took an interest in 
jxditics.—A. He is dead, IMaurice Johnson is one. 

Mr. O’Neill. Do you know of any othei'sV—A. Samuel Anaruk is one. 

Q. Is he Mil educated native?—A. Yes, sir; he is the teacher there. 

Q. A native teacher?—A. A native teacher; yes, sir. 

Q. Any other?—A. That is all I know of that 1 will say took any intei-est in 
Iiolitics. 

Q. Judging from your knowledge of the natives down there would you con¬ 
sider any of them intelligent enough to exercise the elective franchi.se? 

^ir. Cochran. I object to that as asking for an opinion of this witness, who 
is a strong partisan. 

A. Well I believe those two men would be that I mentioned, and others— 
two men over from Shaktolik, those two Tvanhoff brothers, M. Ivanhoff and 
Steve Ivanhoff. 

Q. Designated as 12 and 18 on the list of voters?—A. Yes, sir. 

Q. The rest of the Eskimos, with the exception of those you designated, 
live in the same siiualid surroundings that the natives lived in in early days, 
more or less? 

Mr. Coi'HRAN. That is objected to as very leading. 

(j. What are the surroundings; what are the general character of the sur¬ 
roundings?—A. Well, they live in a—just a native village, as they are over 
in the spit here. 

Q. Dress in furs?—A. Dress in furs; yes. 

Q. And live by hunting und tishing?—A. Practically; yes, sir. 

Q. You were down there at the last election, were you not?—A. Yes, sir. 

Q. What did you observe with referenoi" to the natives going to the polls? 

Mr. CocHiLVN. Objected to as not material. 

Q. With resjiect to their qualitications to exercise the elective franchise? 

:Mr. Cochran. What election are you referring to? 

:\Ir. O’Neill. The last Grigsby election. 

Mr. Cochran. June 8? 

:\Ir. O’Neill. Y"es. 

A. Well, from my own say, if I could stop them from voting, or give them the 
privilege of a vote, I certainly would not say they knew what they were voting 
about. 

Q. You do not consider they knew what they were voting about?—A. What 
it was for. 

]Mr. Cochran. Objected to as very leading. 

(j. Did you observe whether many of them were unable to write their 
names?—A. Yes, sir. 

Q. How many, approximately?—A. Oh, there was at least a dozen came in 
there that could not. 

(j. While you were there?—A. Yes, sir. 

(j. I will show you this bunch of pictures, and ask you if these pictures are 
ty])ical of the Eskimo on Seward Peninsula? 

Mr. O’Neill. If you have any pictures—T tried to collect a general bunch 
of pictures ; if you have any otl'iers I will give you an opportunity to put them 
in on cross-examination. 

A. Quite an assortment, all right. 

Q. Do you consider those pictures ty])ical of the Eskimo life and Eskimo 
chaVacteristics at the i)resent time on Seward Peninsula?—A. I don’t know" 
how I could answer those questions; those Eskimos are just as I have seen 
them. 

Q. Well, there is no difference between the I'nalakleet Eskimo in appearance 
or manner than in those Eskimos pictured there, are there?—A. No. 

Mr. Cochran. I object to that as very leading. 

Q. I will (‘hange the form of the question. What difference, if any, is there 
in the Ihialakleet Eskimo and the Eskimos designated in those pictures?—A. 
None that I can see. 

(). Do you consider the pictures typical of the Eskimo and Eskimo life and 
habits? 



622 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. CocHUAN. I object to that; those pictures do not purport to represent 
Eskimo life and liahits. 

A. I do think they are a good description of them. 

Q. How long have you resided on the Seward I’eninsula?—A. Twenty years, 
last June. 

Q. And you are familiar with the Eskimos on Seward Peninsula?—A. I think 
I am; yes, sir. 

Mr. O’Neill. I offer these pictures in evidence, and ask that they he marked 
consecutively, starting with Exhibit “ B.” 

(Pictures received in evidence and marked, respectively, Exhibits “ P> ” to 
“U.”) 

Cross-examination by Mr. Cochran : 

Q. Now these pictures that were handed you, you don’t recognize any of them 
as being pictures of natives at Unalaklett, or pictures taken at Unalaklett, do 
you?—A. No. 

(^. You recognize those, do you not, as pictures taken by Lomeii Bros, and 
other photographers here in Nome for the purpose of sale to tourists?—A. So 
I suppose. 

Q. They are the pictures you will ftnd in the racks down here in the photo¬ 
graphic studio for sale?—A. Yes, sir. 

Q. Now you have lived in Alaska 20 years,- did you say?—A. Yes sir. 

Q. In Nome?—A. Nome and the suri-ounding country. 

Q. When were you first in Unalaklett?—A. Last March. 

Q. March of last year was the first time you were ever in Unalakleet in 
your life?—A. No; I was there in 1899. 

Q. You were there in 1899?—A. Yes; just for an hour. 

Q. Just passed through there in 1899?—A. I was there for about an hour. 

Q. AVhat time of the year?—A. In June. 

Q. In June?—A. Yes, sir; 22d of .June, I think. 

Q. That was in 1899?—A. Yes, sir. 

Q. And was there one hour then?—A. About one hour. 

Q. And then you were never there again until March of last year?—A. Yes. 

Q. What were you doing there in INIarch of last year?—A. On official busi¬ 
ness. 

Q. Any politics?—A. That don’t combine with my business. 

(}. Were you doing a little political missionary work for your people at 
Unalaklett?—A. In March? 

Q. Yes.—A. I stayed over there two nights. 

Q. Were you doing a little political missionary work for your-A. I was 

going up the Yukon on business. 

Q. Yes. But were you doing a little political missionary work for your 
branch of the Democratic Party?—A. No, sir. 

Q. You were not doing any political work at all, that was what I wanted 
to find out?—A. No, sir. 

Q, Didn’t discu.ss politics with Tom Powers?—A. He didn’t happen to he 
there at the time I was there; it he was I would. 

Q. You were there two nights in March?—A. Yes, sir. 

Q. Where did you stop?—A. Powers. 

Q. Tom Powers’s house?—^A. Yes, sir. 

Q. Koad house?—A. Yes, sir. 

Q. What nights were they of the week, do you remember?—A. Yes, sir. 

Q. I particularly wanted to find out whether it was Sunday night?—A. Sun¬ 
day night? 

Q. Whether you were there on a Sunday night at that time?—A. Well, if you 
can tell me what day the 17th of March fell on I could tell you, because I left 
there on the 17th of INIarch, and got into St. Michael, that is as close as I 
can get to it; I believe it was Monday, the 17th of INIarch. 

Q. That you left?—A. Yes, sir. 

If you were there Sunday, was there church there?—A. They have church 
there every Sunday. 

Q. And the minister was there?—A. Yes, sir; he was there last winter. 

Q. What is his name?—A. I don’t know his name; I do know his name, hut I 
can’t think of it. 

Q. Wen; you down at the services? Did they have services while you were 
there?—A. Yes. 

Q. At the church?—A. Yes. 



WICKERSIIAM Vy. SULZER, DECEASED, AND GRIGSBY. 623 


Q. Did you go?—A. No, sir. 

Q Well, tlie luiiiister preaches there in English, doesn’t he?—A. Yes, sir. 

Q And these people you liave been si)eaking about, they are very ardent 
•c'hurch attendants, the people of Unalakleet?—A. Yes. 

Q. Attend church pretty regularly?—A. Yes, sir; the minister has got an 
interpreter. 

Q. The minister has an interpreter?—A. That interprets his sermon, every 
Avord he speaks. 

Q. Well, isn’t it a fact, Tom, he interprets some words; when they get stuck 
on a word he intei-prets the word, and generally that is all he does?—A. No, sir; 
I have been in there several times, hut I didn’t go that Sunda.v. 

Q. Is there a school there?—A. Yes, sir. 

Q. Ever go to the schoolhouse’?—A. Yes, sir; I have been to the schoolhouse. 

(j. ^\'ere you there during school hours’/—A. No. 

G'. These peo])le you have been talking about, all send their children to 
school*/—A, ^lost of them. 

Good school’/—A. Pretty good school; yes, sir. 

Q. You say the younger people down there are pretty bright ])eople?—A- 
Yes, sir. 

All speak English’/—A. All of them I have ; i)oken to—the younger ones. 

Q. Now, that is (piite a shipbuilding point, isn’t it, for building boats along 
this coast’/—A. I have never seen a boat built there. 

Q. Don’t you know that most of the boats that jily up and down the coast 
here were built at Unalakleet?—A. I don’t know. 

D. You don’t know whether that is true, or not’/—A. I don’t : ee where 
there would be any boats built there. 

Q. You don’t know whether that is true, or not’/—A. No. I don’t. 

Q. You say you were in their homes?—A. Yes, sir. 

Q. Who.se homes were .vou in’/—A. Oh, I was in to several <d‘ them. 

Q. For what i)urpose’/—A. Well, just inve ligating around there. 

(,). Investigating what?—A. My duties to see if they had any sour dough. 

Q. They dont’ liave sour dough down there at Unalakleet?—A. Y"es. 

Q. Notwithstanding you went through some of their homes looking for sour 
<lough?—A. Yes, ir. 

Q. You go through all their homes?—A. No, not all of them. 

Q. All live in houses’/—A. Yes, sir. 

Q. Wooden houses—frame houses?—A. I.og and frame houses. 

(j. And they have a kitchen, most of them—kitchens in their houses, don’t 
they—A. George Kotook has; that is the only one I have been in that has a 
kitchen. 

Q. That is the only one you have been in that has a kitchen?—A. Only one 
I have been in. 

ii. Now tell me one you were in th.it didn’t have a kitchen?—A. Katchatak, 
Wilson Gonognan, .Tustice Pickmicktalick, I have been in several other places, 
but I can’t think of their names. 

Q. Now. you were there two da.ys in March’/—A. Yes, : ir. 

Q. And when were you next back there, Tom’/—A. I have been back there 
ugain—I was back there again, I think it is the 14th of April. 

Q. For a short time?—A. .lust stayed there two days then, too. 

Q. Last April?—A. Yes, sir. 

(}. And that was when you were returning—you were coming back then?— 
A. I came back and took some pri oners over there to St. Michael. 

Q. And when were you down to Unalakleet again’/—A. From Nome? 

Q. No. When were you in Unalakleet after April again’/—A. Well, I was 
there again—I came back to Unalakleet from St. :Michael. I think it was 
the 23d of Api’il. 

Q. Of April?—A. Yes, sir. 

Q. Stay there very long’/—A. Stayed over night. 

And came on to Nome?—A. And came on to Nome. 

Q. And wlien were you back to Unalakleet jifter that?—A. I was back 
there the loth of Ma.v, I think; 14th or loth of Ma.v. 

Q. What did you go down there the 14th or l.lth of ]May for?—A. I left 
here on business; left here on the Sth of INIay for St. Michael; I got caught 
there. 

Q. How long did you sta.v at Unalakleet then’/—A. Until the 7th of .Tune— 
before I could get a boat out of there. 


624 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


(^. W'liat (lid you j;(( to Uiialakleot for?—A. I was on iiiy way to St. Micliatdv 
and 1 jrot a cali from St. Michael, from Commisisoner Koen, calling me to St.. 
Michael immediately. . . 

Q. You were not under Commissioner Koen, at St. IMichael; he has nothing 
on earth to do with youV—A. Certainly he has. 

ii. You are under the directions and instructions of Commissioner Koen, of 
St. Michael?—A. If he has any work to do ovei' there he notities me, and- 

Q. The commissioner hasn’t anything to do with the suppression of li(pior? 

Mr. O’Neill. 1 suhmit the witness has a right to tinish his answer. 

Q. Finish your answer.—A. lie told nu‘ any time he would tind out the 
natives wei'e making sour dough, or drunk, or anything over there he woidd 
notify me here. I wr.s on my way over there then. 

He notitied you the natives wei’e making sour dough and drunk over 
there?—A. Yes, sir. 

i}. At St. Michael?—A. Yes, sir. 

How many natives over there at St. Michael ; how many are there’?—A. 
(,)uite a few. 

(i. Do you know them?—A. 1 am not accpiainted very much with them; no. 

You have been to St. Michael a numher of times’?—A. I was in St. 
^Michael about three times, I think. 

(,). And how do they compare with the natives at I’^nalakleet?—A. They are 
about the same; 1 don't notice any difference in them. 

(,). Don’t see any ditference between them?—A. No; there is a lot of the 
natives in St. Michael that are not in the native village at all ; they live 
sepai’ate altogether; they are a kind of mixture; they are mostly all half- 
breeds, live close to St. Michael there, and the other village.?- 

Q. They live l)y hunting over there and trapping? 

Ml’. O’Neill. Which are you talking about, the natives of the halldireeds’?— 
A. Which do you mean? 

The natives at St. IMichael you are talking about.—A. I don’t know how 
they make a living over there, mostly lishing, I am sure. 

Q. Mostly fishing?—A, Yes, sir. 

(,). Were you in their houses’/—A. The village? 

(^). The natives at St. ]Michael?—A. The village? 

(^* Are those houses at St. Michael?—A. Yes, sir. 

Q. Do they have beds, too’?—A. Yes; they have lieds, too; bedroom aiuT 
kitchen are all in the same place. 

Q. Your idea, Tom, is the natives are, so far as civilization is concerned*, 
about the same all over the I*eninsula, is that the idea?—A. Yes, sir. 

(}. And it is about the same as it was 20 years ago?—A. Somewhat about the 
same. 

Q. I mean it is about the same as it was 20 years ago, except they have beds 
in their houses, when they used to sleep on the floor’/—A. lilxcept the younger 
boys and girls; they are growing up now. they are different altogether, 

Q. The younger boys and girls growing up are intelligent’?—A. .lust as 1 told 
you aboui ihe folks in Fnalakleet; yes, sir. 

i}. When you were over at Xuialakleet in April or May—May and .Tune, u]> 
to the 7th of .Tune, what were you doing there during that period?—A. I was 
around trying to get a boat to get out of there. 

Q. There was a nelection going on on the 3d of .Tune?—A. Yes, sir. 

Cy For Delegate’?—A. For Delegate. 

Q. Mr. Ciigsby was a candidate, was he not?—A. Yes, sir. 

Q. You were a very ardent supporter of IMr. Grigsby’s, were you not?—A. I 
did all I could for :\Ir. Grigsby. 

Q. I know that, Tom; you had a right to; I am not impugning your motives 
in it; the fact is you were a very ardent supporter of Mr, Grigsby?—A, Yes, sir. 

Q. And you did all you C(mld for him. didn’t you?—A, Yes, sir. 

C>. And you did all you could for him at the places you were at at Unala- 
kleet?—A. Yes. sir. 

Q. You got all the natives you could to vote for him, didn't you’?—A. No, sir; 
I didn’t speak to a native foi- him. 

Did you hire any native to go out and get natives to come in and vote for 
Mr. Grigsby?—A. No, sir. 

(}. Did you ]»ay any money to any natives to go out and bring in native 
votes?—A. No, sir. 

<). None at all?—A. Not a cent. 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 625 

Q. Did you talk to the natives over there about voting for Mr. Grigsby?—A. 
No, sir. 

Q. Not to a single one?—A. No, sir. 

You did nothing while you ^^'ere there in support of Mr. Grigsby's candi¬ 
dacy?—A. No, sir. 

Q. Not a thing?—A. Not with the natives. 

Q. Not a thing with the natives?—A. Not a thing with the natives; no. 

Q. You did with others?—A. I talked to Mr. Powers about Mr. Grigsby. 

Q. Did you talk to Mr. Powers about getting the natives to vote for Mr. 
Grigsby?—A. I told him to do what he could for Mr. Grigsby. 

Q. Did you talk to Mr. Powers about getting the natives to vote for Mr. 
Grigsby?—A. I answered your question. I told him to do what he could for Mr. 
Grigsby. 

Q. Did you tell him to do what he could for IMr. Grigsby with the natives?—A. 

I didn't tell him anything else, only to do what he could for Mr. Grigsby. 

Q. What did you mean by that, for him to get all the native votes he could for 
Mr. Grigsby?— 

Mr. O’Neill. This entire line of testimony is objected to on the ground it is 
not an issue in the case. I don't want counsel to go to considerable length on the 
matter. 

(Question read.) 

A. 1 told him to do what he coidd for Mr. Grigsby, or, at least, I didn’t tell 
him, I asked him. 

Q. Did you vote for INIr. Grigsby there?—A. Yes ,sir. 

Q. Your residence was in Nome, was it not'/—A. Yes, sir. 

Q. George Kotook, you say he owns a boat?—A. He has a boat; yes, sir; 1 
don’t know whether he owns it or not.. 

Q. What kind of a boat is it?—A. A little gasoline boat. 

Q. What does he do with it'i—A. Well, he was running between Unalakleet 
and yt. Michael, two trips this summer, that is all I know ; what he has done 
with it since I don’t know. He made a trip from St. Michael to Golovin. 

Q. P>oat is what burden?—A. 1 guess about between (5 and 10 tons—I guess 
about that. 

Q. One of the seagoing, coastwise Ixnits?—A. You could not go to sea with it; 
he keeps along the coast with it; he don’t go to sea with it; he could not come 
across from St. Michael to ITialakleet, right straight across; he has to keep 
along the coast. 

Q. Was he master of the boat?—A. His son- 

Q. His son was master?—A. His son runs the engine. 

Q. Plis son runs the engine, and lie steers me boat r—A. He ste^a-s the ooat. 

Q. Licensed boat; do you know whether it is?—A. 1 don’t know. 

Q. He lives in Unalakleet?—A. Yes, sir. 

Q. Do you know his son?—A. Yes. 

Q. His son is a bright, intellectual boy?—A. Yes, sir. 

Q. Speaks the English language very well?—A. Yes. 

Q. Gasoline engineer?—A. I could not say. 

Q. He runs a gasoline engine on the boat, doesn’t he'?—A. He runs that en¬ 
gine. 

Q. Now, Arthur Soxie. You say that Arthur Soxie lives by tishing and hunt¬ 
ing'?—A. Yes, sir. 

Q. He is a fur buyer?—A. Arthur Soxie? j 

Q. Yes.—A. Not the Arthur Soxie 1 know. 

Q. Doesn’t he buy furs?—A. I don’t know. 

Q. .lust tishes and hunts'?—A. That is all they tell me he does. 

You have been there but very little'?—A. I have been there tive or six 
times. 

Q. The longest times you were ever there was in April, May, and June, 
wasn’t it?—A. Yes, sir. 

(}, Have you been there since?—A. Yes, sir. 

Q. When?—A. In August, I think. 

(). This year'?—A. Yes, sir; this August. 

Q. Those ai’(‘ the only times you were ever there'?—A. That is the only time 
I was there for about a week ; three days, anyway. 


151279—2a 


40 





626 


WIC’KKRSHAM VS. SULZER, DECEASED, AIs^D GRIGSBY. 

{}. Did you see Arthur Soxie?—A. No, 

Q. Wliere was he?—A, Up the I'iver, fishing. 

(J. You didn’t see him?—A. No, 

(^. Are you just guessing at that?—That was what Tom Powers told me. 

(^). Tom Powers told you he was uj) the river, fishing?—A. Y^es, sir. 

Q. You don’t know what kind of fishing he was doing?—A. Salmon, I sup¬ 
pose. 

Fishing for salmon; nets?—A, I guess so, 

(]. Now, Sliafter Tosavick is a reindeer herder?—A. Yes, sir. 

Q. And owns reindeer?—A. I don’t think so, 

ii. Do you know whether he does, or not, «)wn reindeer?—A. I don’t know, 

Q. You never saw much of him, did you’:'—A. Well, I saw him three or four 
times. 

(,). That is all you ever saw him in your life?—A. He does not live at 
Unalakleet, he lives in Garviek, which is the next village to Unalakleet. 

Hr. CocHUAx. That is all. 

Redirect examination h.y Mr. O’Neill; 

i}. You and Tom lN)wers are very old friends, are .vou not?—A. Yes, sir. 

(^. You were a partner of his, w(‘re you not. in the early days?—A. In 189*,); 
yes, sir. 

<). Do you know whether any natives voted at Nome in this general election 
held on tlie oth of November, 1918?—A. No; I do not. 

(). Do you know whether any voted, or not?—A. No. 

(). Ami from your observation of the natives they are practically the- 

Ylr. CocHitAX. I will say to you they did. 

I\Ir. O’Neill. How many? 

Mr. ('(K’HKAN. I don’t know. 

IMr. O’Nefll. I will say that they did not, because I made particular in¬ 
quiry. 

Mr. Co('HiiAN. Native women that are married to white men. are entitled to 
vote, 

Mr. O’Neill. There was some oiqiosition to their voting, and it was con¬ 
ceded that they were not entitled to vote, and they did not vote, 

Q. From your oliservation, are the natives of Unalakleet practically the same 
as the natives generally on Seward Peninsula?—A, Yes, sir; so far as I have 
seen they are. 

Q. You have not obseiAed any difference in the method of livelihood or their 
general education qualifications? 

IMr. CocHKAN. Very leading. 

A, No, sir; except the t.hree or four men I liave mentioned, the teacher and 
the Tvanhoffs and Samuel Anaruk and Ylaurice .Tohnson. 

(), If the natives of Unalakleet were of a higher class than the other natives 
on Seward Peninsula, were you there long enough to observe it?—A. I certainly 
would. 

T. P. Killeen. 

Subscribed and sworn to before me this 14th day of October, 1919. 

[SEAL.] L. E. Wettii, 

Xotartf Public for the Territory of Alaska. 

My commission expires November 14, 1921, 


DEPOSITION OF E. D. EVANS. 

E. D, EVANS, being first duly sworn, testified on behalf of the contestee as 
follows: 

I)irect examination by IMr. O’Neill; 

What is youi- business?—A. I am superintendent of the Seward Peninsula 
<listrict of the Bureau of Education. 

(>. How long have you been on Seward Peninsula?—A. Going on the fifth 
yc'ar. 

Q, In what capacity were you thus employed?—A. In what capacity am I at 
))r(sent? 

Q. Yes.—A. Superintendent. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 627 


Q. How long have you been engaged in Eskimo work?—A. Since 1908; I 
should not say 1908; for the past five years; before that I was in Indian work. 

Q. Have yon been in Unalakleet?—A. No, sir. 

Q. Have yon ever seen any Unalakleet natives in Nome?—A. No, sir; not in 
Nome. 

Q. Never seen any in Nome?—A. No, sir. 

(}. Did yon see tliis bnnch of natives that came from Unalakleet to attend 
the ses.sion of court?—A. Yes, sir; just the girls—just the women. I haven’t 
seen the men. 

Q. How do they compare with other natives in the Second Division?—A. By 
just looking at them they seem to be jnst the same; I never had any conversation 
with them. 

(y Where have yon been employed in yonr Eskimo work on Seward Penin¬ 
sula—what places?—A. At Selawik, in the Kobnk, at Mary’s Igloo, in the 
Kongarok, and Nome. 

Q. Do the natives average np about the same in educational qualifications 
and their habits of livelihood generally in the different localities?—A. In their 
habits of livelihood and in their educational qualifications in some places are 
more advanced. 

Q. In what places would yon say they were more advanced?—A. I would say 
they are more advanced in Wales. 

Q. Yon are familiar with the natives of Wales?—A. Yes, sir. 

Q. Take the most advanced native in Wales yon know, would yon consider 
that he was qualified to exercise the elective franchise? 

Mr. Cochran. I object to that as a pretty hard question—most advanced 
native he knows. 

Mr. O’Neill. I will change the form of the (piestion. 

From yonr work with the natives generaliy, do yon consider that they 
are qualified to exercise the elective franchise, generally?—A. I would say not. 

Mr. Cochran. I think we would all agree with him on that. 

Q. Just state your reasons for that. 

Mr. CocKRAN. Objected to as immaterial. 

(j. In other words. Mr. Evans, I want to get before the committee a correct 
<lelineation of the character and the mode of living and the general qualifica¬ 
tion of the native so that the committee can understand his qualifications.—A. 
Weil, I don’t think they have been educated to that; their education only covers 
a period of about 30 years—perhaps less than that. I do not consider that they 
understand enough to realize what they would be voting for, and the qualifica¬ 
tions of the party whom they vote for. I don’t think they understand enough 
of the workings of the Government. 

Q. Do .von consider the natives susceptible—readil.v susceptible to the evil 
influence of disreputable characters in voting?—A. They are, unfortunately. 

(J. In other words, would you consider that a squaw man that was popular 
with them could vote them in politics?—A. That would depend altogether on 
the man, and depend somewhat on the teacher, or who had charge of them. 

Q. In the al>sence of a teacher?—A. In the absence of a teacher; .ves. sir. 

Q. Do you know anything about the Unalakleet situation?—A. No; abso¬ 
lutely nothing. 

Q. Do you know officially about it; that is, in your office, how the Unalak¬ 
leet natives average up?—A. The.v are supposed- 

Mr. Cochran. We object to any suppositions; that is a question of fact. If 
the witness does not know anything about it he should state it; if he does 
know any fact let him state what the facts are, but not suppositions. If he 
has any' official records that would be competent to fix the status of the 
natives at Unalakleet let him ]n-oduce the records. 

Mr. O’Neill. I will withdraw the question. 

(}. I show you this bunch of pictures and ask you if that is an average bunch 
of pictures of the Eskimos and their methods of livelihood and their char¬ 
acteristics, on the Seward Peninsula.—A. I think that these two pictures are 
misleading, for the sinq)le reason that they typify the native life here seen 
during the summer months, natives coming from the north, from King Island, 
they live in tents during the .summer, but the majority of natives in Nome 
live in houses. 

Mr. O’Neill. 1 will not offer these two in evidence. I don’t want anything 
to go before the committee that will lie in any wi.se misleading. 



628 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


A. (Continnfng.) On tlie I think they represent the native in their 

pnrsnrts* very vrell. 

Q. I show yon this last, marked “ Contestee’s Exhibit A/’ and ask yon if 
yon know any of the natives on that list.—A. .Inst one. 

Q. Wlio is the one yon know?—A. No. 40, Sainnel Anarnk. 

Q. What does he do for a livin.a?—A. He is assistant teacher. 

Q. He is an educated native?—-A. He is an edn«^ted native. 

Q. Would yon consider that he would be qnalitied to vote?—A. I would con¬ 
sider if anybody was qualified to vote be would be. 

Q. Would yon want to live under a jjovernment where Eskimos were per¬ 
mitted to vote?—A. No, sir; he spent two or three years in college, this native. 

Cross-examination by Mr, Cochran : 

Q. Yon say the natives have had 30 years of education?—A. I didn’t say 30 
years; I said somewhere around that, IVIr. Cochran. 

Q. And 30 years is not sufficient to qualify them for citizenship in this Na¬ 
tion, in yonr opinion?^—A. No, sir. 

Q. Thirty years of education?—A. No, sir. 

Q. How many years’ education would it require to qualify a native Eskimo 
for citizenship in the United States?—A. I think the present generation, or 
the generation that are growing np. Mr. Cochran, will probably be fit enough 
to vote, but not the older ones, as we know them now. 

Q. MTiat do you mean by the generation that are growing up?—A. The 
younger men of 14 or 15 years, and the girls that are growing up. 

Q. Is it not a fact, so far as the natives go in the jurisdiction where you 
have been working, and at the points where you have been working, that the 
natives you term the present generation are the ones that give, in reality, more 
trouble than the older ones?—A. Just how do you mean by “ trouble ”?' 

Q. More trouble to the Bureau of Education, or the officials of the Terri¬ 
tory?—A. I think the more civilized a nation becomes that is one of the develop¬ 
ments and processes of civilization. 

Q. To give trouble?—A. Yes, sir. 

Q. You have never been in TJnalakleet?—A. No, sir. 

Q. Your experience has been entirely to the northward?—A. To the north 
and to the south ; southwestern Alaska, and. with the Indians. 

Q. How long would it be, in your opinion, before the natives that you are 
familiar with could be qualified for citizensbip?—A. I think the generation that 
are growng up, the younger boys and girls that are growing up—children that 
are attending school now—thei’e will be a number of those tliat will be qualified 
to vote. 

Q. Just what do you understand is essential to qualify a person for citizen¬ 
ship, as applied to the native races?—A. I think that they should understand 
the principles of government, and they should get to the point where they 
should be able to decide things for themselves. 

Q. They have quite keen acumen in deciding things for themselves?—^A. Yes, 
sir; in things that relate to their own lives. 

Q. Do you understand that Congress has provided for the Indian races, of 
which the Eskimo are a part, a means for their attaining citizenship in the 
Nation?—A. Y'es, sir. 

Q. Do you understand that to be when they have abandoned their nomadic 
habits, and have assumed the customs and habits^ of civilization, that they ipso 
facto become citizens; do you understand that?—^A. I understand that. 

Q. Have you ever been up to the village of Norvick?—A. Yes, sir. 

Q. The natives there are pretty well advanced in self-government, are they 
not?—A. Well, it is four years ago since I was up there. 

Q. They have a telephone system, haven’t they? 

iVfr. O’Neill. Object on the ground the testimony is too remote. 

A. I don’t think they have a telephone system. 

Q. I am telling you they have, and you ought to know it; IMr. McQuire knows 
it. They have an electric-light system, haven’t they?—A. They have an electric- 
light system, 

Q. They have a council for their own government, have they not?—A. Yes, sir: 

Q. And they have a wireless station?—A. Yes, sir. 

Q. They have, so far as you have learned, a well-governed village?—A. Yes^ 
sir. 


WICKERSHAM VS. SULZER, DECEASED, AND GRK^SBV. ^29 


Q. I believe they liavje a cooperative store, haven’t they?—A. Yes, sir. 

Q. Schools?—A. Yes, sir. 

Q. Of a hijnh cluiracter?—A. Yes, sir, 

Q. You have not been there foi- four years?—A. For four years. 

Q. Now, those villages are upon the road to rapidly acquire citizenship, 
aren’t they?—A. Yes, sir. 

Q. And it has not been very long since they have started to ad\’^nce in that 
manner, has it?—No, sir'; it has not been very long. 

How many years ago did they start in the rapid advancement of that 
village—four or five years ago?—-A. Four or live years ago, I think. 

Q, The nati\^s you are testifying about, Mr. Evans, are natives that have 
not learned much of the English language, except sufficient to hold a conversa¬ 
tion, just an ordinary conversation?—A. Ordinary conversation. 

Q. To make their wants known?—A. Yes, sir.* 

Q. They don’t read English, don’t read the newsi)apers, do they?—A. No, 
except the young people, the older people do not. 

Q. I mean among the natives you ;ire testifying about, the ordinary natives?— 
A. Not ill the habit of, no. 

Q. Such as are depicted in the pictures are not natives who read the news¬ 
papers, or are interested in the events of the day? The general run of tho.se 
people in these pictures are not natives that read new.spapers?—A, Some of 
them are amongst our most intelligent natives. 

(>. There are some of the natives that are depicted in those who are not a 
character of native that take an interest in the Government, or read the news¬ 
papers?—A. I should say not. 

Q. Some of them do?—A. Some of them do. 

(y Some are very eager to read newspapers?—A. Yes, sir; they are. 

Q. And are very much interested in the affairs of tlovermnent?—A. Yes, sir. 
(y And are approaching close to a state of civilization you think would en¬ 
title them to exercise the right of franchise?—A. They are, in a way. 

Cy They are approaching very rapidly, aren't they?—A. Yes, sir; approach¬ 
ing very rapidly. 

cy Now, the real danger of the native voting, they would be intluenced 
largelv bv the missionaries and teachers, wouldn’t thev?—A. And others. 

cy We will talk about the others in a moment. You say others would not 
have much chance with the teachers and inis.siomiries there?—A. No; I don’t 
think they would. 

cy So that if the natives were allowetT to vote, the natives that you have 
in mind—the natives with whom you have dealt and had supervision over— 
they would be governed largely by the Ilureau of Education, wouldn’t they?— 
A. And the missionaries. 

Cy In their vote?—A. Yes, sir. 

Redirect examination by Mr. O’Neill: 
cy You don’t mean to say that the Eureau of Education would inlluence their 
vote, one way or the other?—A. I don’t think they would; absolutely not. 

Cy Did you ever hear two natives discuss any politics whatsoever?—A. I 
have only heard of one case in my life where a native has taken any interest 
in iiolitics. 

cy In other words, their advancement is along the lines of manual efforts, 
such as boatbuilding, carpenter work, and such as that?—A. Yes, sir. 
cy And that is encouraged by the Bureau of Education?—A. Yes, sir. 
cy The function of your bureau is to make the native more useful to him¬ 
self?—A. That is it. 

cy To make the native self-supporting?—A. It is up to the bureau to make 
them self-supporting. 

cy Do you know whether they have any local government at Fnalakleet, 
such as they have at Norvick?—A. I could not say, positively; I understand 
they have local self government, same as practically all other villages have, 
cy That is a movement instituted by the lUireau of Education?—A. Yes, sir. 
c}. State the substance of that movement?—A. It consists in having the 
natives of a village hold a meeting, elect a mayor and council, who practically 
run the village, and they try, as far as iK)ssible, to run it the same as an 
incorporated town, 

cy And they take care of petty offenses, etc,?—A. Yes, sir. 


630 WrCKERSHAM vs. SULZER, DECREASED, AND GRIGSBY. 


Q. And have a native eonrt?—A. In some i)laees they have. 

Q. That is for the purpose of local self-j;overninent?—A. For the purpose of 
local self-government and also to instruct them in government generally. 

Q. Have they an electric-light plant at Unalakleet?—A. I don’t know. 

Q. Or a wireless?—A. No, sir; they have no wireless. 

Q. Is there a native school at Unalakleet?-—A. Yes, sir. 

Q. How long has it been there?—A. Been there for many years; I could not 
tell you how many years; it is oply recently that Unalakleet has been included 
in my district. 

Q. There are some names on this list—Taktook and Mallock—do the civilized 
natives adhere to their original names or take other names?—A. Adhere to- 
their original names. 

Q. The civilized ones dO?—A. Y^’es, sir; that is my obseiwation. 

Q. In a case like Samuel Anaruk, the “ Samuel ” is umpiestionably an Eng- 
lish name?—A. No; probably given to him by his parents at the request of 
the missionary; the missionary generally does that. 

Recross-examination l)y INIr. Cochiuvn : 

Q. Do you know anything about the natives at St. Michael, Mr. Evans?—A. 
Very little. 

Q. Have you been over there?—A. Yes, sir. 

Q. Different times?—A. No; .iust once. 

Q. See the natives over there?—A. I saw them; yes, sir. 

Q. The natives over there are like the natives all over tlie ])eninsula?—A. 
Generally, except there are more half-breeds there. 

By Mr. O’Neill : 

Q. The natives at St. IMichael are half-breed Russians, are they not?—A. I 
could not say they are half-l)reed Russians; I saw very few of them that had 
Russian blood in them. 

(J|. Very few?—A. Y^es, sir. 

Q. From what you observed, the natives at St. Michael average up generally 
with the natives of the peninsula?— A. Yes, sir. 

Q. Just as the natives of Unalakleet do?—A. I have only seen two or three— 
at the outside a dozen—of the Ihialakleet natives; I should imagine they aver¬ 
aged up about the same. 

By Mr. Griffith : 

Q. I would like to ask Mr. Evans a question : Last fall, Mr. Evans, wasn’t 
there a ])aper or pamphlet issued here called the Eskimo?—A. Yes, sir. 

Q. Was that pulilished by the Eskimos under the Bureau of Education?—A. 
Well, it was published unofficially by the Bureau of Education. 

Q. Well, at different times, didn’t natives write pieces for that paper?—A. 
Yes, .sir; they did. 

Mr. Gochran. And some of them very intellectual, too. 

Mr. O’Neill. They are intellectual for a native; I wish I had a few copies 
of the paper to put into the record. /' 

IMr. Cochran. I think I can furnish them. 

Mr. O’Neill. If you do, I will put them in. 

The Witness. I can furnish you with some. 

E. D. Evans. 

Subscribed and sworn to before me this 14th day of October, 1919. 

[seal.] L. E. Weith, 

Notary Puhlic for the Territory of Alaska. 

]My commission expires November 14, 1921. 

DEPOSITION OF J. H. MAGUIRE. 

J. H. MAGUIRE, being first duly sworn, testified on behalf of the contestee 
as follows: 

Direct examination by Mr. O’Neill : 

Q. What is your business, Mr. Maguire?—A. I am at the present time super 
inteiident of the northwestern district. 


WICKERSHAM VS. SULZER, EEC’EASEI), AND GRIGSBY. 631 

Q. y Bnreaii of Education?—A. Eiider the Kur€‘au of Education. 

flow loiij; have you l)een in the second division?—A. Since 11M)S. 

Mow lon^- have you been in the employ of the Bureau of Education*^— 
A. Since 11)11. 

Q. Are you familiar with the natives fj:enerally in Seward I’eninsulaA 
\os, sir, 

Q. Slate whether or not, in your opinion, the natives of Seward Peninsula, 
irenerally, are qualitied to vote?—A. 1 think not. 

Q. ould you consider that any aiipreciahle numher of them, sav 5 iier cent 
wei'e qualitied to A’ote?—A. No. 

Mr. ('ociiRAN. I think that is correct. I would concede they ;;re not i^en- 
erally (pialitied to vote. 

Mr. O'Nkiij.. Is it your ccontention that the natives of Enalakleet are far 
above tlie averajre native on Seward Peninsula? 

Mr. (lociIRAN. Yes. 

Mr. () Nk’ill. That is the exceptional villatie on the peninsula? 

Mr. ('ociiRAN. I think it is one of the great exceptions on the iieninsulu: that 
and Norvick. 

(,). Have you ever seen any of the natives c)f Enalakleet?—A. Not to my 
knowledge. 

(T hat places l ave you seen the natives?—.V. Nome, ('ajie Prince of vVaies, 
Kotzebue, Norvick, Notalk, Kiana. Kivilina, Tigara, ami Selawik. 

(E Gut of the villages you have mentioned, which are the most intelligent 
nativ(\s?—A. I am prejudiced iu favor of Kivilina natives. 

(}. Do .I'ou think that even the Kivilina natives have attaim'd that standard 
of civilization that would entitle them to th ‘ suhrage?—A. No, sr. 

(}. Would you be willing to live under a government run by natives?—A. 
No, sir, 

(E Do you thiuk that it is to tlu* best interests of the people generally to per¬ 
mit the natives to vote, by reason of his educational and other (pialilications?— 
A. No. 

Q. I show you this hunch of ])ictures and ask you if those pictures a.re typical 
of the mode of livelihood of the natives?—A. They are. 

Cross-examination by Mr. Cochran: 

Q. What do you mean, ‘‘ Typical of the mode of livelihood of the natives ” ?— 
A. You will find representatives of the I'eindeer industry, hunting, and nuxles of 
life. 

Q. You don't liml anything except where they have caught some tish, down on 
the beach at Nome, and with a few i-eindeer?—A. (Yiught some seal. 

Q. I don't see any seal.—A. You will see a Avomau cutting a seal—dissecting 
a seal. 

Q. They represent fishing and sealing and i’eindeer. Is that all the in¬ 
dustries of the natives?—A. Well, there is no fur taking or no trapping 
there. 

(i. Which is a big industry v.uth the natives?—A. Yes, sir. 

Q. They do a good deal of if?—A. Yes, sir. 

(J. Do a lot of hunting?—A. Yes, sir. 

(,). You ratluu* mean to say that these are typical native pictures in some of 
the avocations?—A. Yes. sir. 

(2- And in some of their trades?—A. Yes, sir. 

(,). And that is all you mean to say about these pictures, isn't it?—A. Aliout 
those; yes, sir. 

Q. And those are iiictures that are taken around Nome largely?—A. Nome 
and IMarys Igloo. 

C). You never were at Enalakleet?—A. No, sir. 

(T And never saw any natives from Enalakleet that you know of?—A. 
No, sir. 

(.}. Now, you know where the village of Norvick is?—A. Yes, sir. 

(}. That is a very progressive village, isn’t it?—A. Y"es, sir. 

Q. Governed entirely by tlie natives there?—A. Under the supervision of the 
Government teachers. 

Q. I know it is. But the direct government is by the natives—by a council 
of natives?—A. Yes, sir. 


632 


WrCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Q. And they make their own laws and have tlieir local j^overniiient, do.they 
not?—A. Yes, sir. 

(J. And have their own oHicers?—A. Yes, sir. 

(}. And a cooperative store?—A. Yes, sir. 

Q. Telephones?—A. Yes, sir. 

(}. Electric li.s>hts?—A. Yes, sir, 

Q. Good schools?—A. Sawmill also. 

Q. Wireless station?—A. Yes, sir. 

Get the news in there rettnlarly? They tti't news in th(‘re over the wire¬ 
less?—A. They j;et news in there, hnt not rej?nlarly. 

Q. They are eatter to iret it?—A. \'es, sir. 

Q. Take great interest in the events of the day, do they not?—A. Yes, sir. 

Q. And schools?—A. There is a Government school tliere. 

Q. A good school?—A. Yes, sir. 

Q. The natives live in good houses, do they—A. All wooden; log houses. 

Q. Comfortable?—A. Yes, sii*. 

Q. Well furnished?—A. Well furnished; yes. 

Q. Sleep in beds?—A. Some. 

Q. Some sleep in beds?—A. Yes, sir. 

Q. Now, how far is Norvick from Nome?—A. About 400 miles. 

Q. North of Nome?—A. Northeast of Nome. 

Q, How far from the coast, Arctic Ocean?—A. Ninety miles fi-oin Kotzebue. 

Q. Ninet.v miles inland?—A. On the Kobuk River. 

Q. How many i)eople are there there; how many people in the village?— 
A. About 440. 

Q. Children of school age are sent to school by the parents?—A. Yes, sir. 

Q. Have churches?—A. Yes, sir; one church. 

Q. Now, you answered ]Mr. O’Neill you would not like to live in a Govern¬ 
ment ruled by the natives, which, of course, you would not?—A. Government? 
You mean local or national? 

(b You answered you would not like to live in a country governed by na¬ 
tives?—A. No, sir. 

(^. Certainly not. But when a native has abandoned his uncivilized habits, 
and adopted the modes and habits of civilization, such as you and I. do you 
ob.iect to their voting; do you think their voting would be dangerous?—A. At 
this time; yes, sir. 

Q. You think it would be still dangerous at this time?—A. Yes. sir. 

Q. Even though they had abandoned their nomadic habits, and adoi)ted the 
modes and customs of civilization, you think they would not be ready to vote; 
that is correct?—A. That is my opinion. 

(}. That is what you mean when you say you would deny them the right 
to vote?—A. Yes, sir. 

Q. Even though they had abandoned their nomadic habits, and adoi)ted the 
modes and customs of civilization, such as you and I follow?—A. When they 
l)rove themselves capable of understanding our form of government, then I 
would grant them the franchise. / 

Q. You would require greater (lualitications than they have abandoned their 
nomadic habits and adopted the customs and habits of civilization?—A. 
Yes, sir. 

(}. You would r('<iuii‘e mort* than that?—A. Yes, sir. 

(). In Ollier words, you would like to have them on a probationary iieriod 
for s('me time to see that they undei'stood ; tliat is your idea? —A. Yes, sir. 

(). Hr. INlaguire, have .vou ever been over at St. Hicbaels?-—A No, sir. 

(>. And you hav(^ no knowl'Mlge of the natives to the eastward of Nome?—A. 
No, si I*. 

(). In the rnalakl(‘ct section, you know nothing about them over there?—A. 
No, sir. 

Ih'direct examination by IMr. O’Neill; 

(). Do y<ai know if the natives know the difference between the Democratic 
Party and the Republican Party?—A. The younger natives do. 

(^. Do you know whether or not the older do?—A. No. sir. 

(>. Do you know Avhether or not the older natives take any interest in jioli- 
ti^<s?—A. Vei’y little. 


WICKEKSHAM ViS. SULZER, DECEASED, AND GRIGSBY. 


633 


Q. Did you ever hear theiii discuss a political situation, or discuss the 
various parties?—A. Not the older natives; no. 

Q. By the younjjrer generation, what ages do you mean?—A. From 15 to 20, 
probably. 1 say that as a fact, gentlemen, because the native I am familiar 
with is the northern native, who has had school privileges for more than 12 
years, so that they are quite competent to understand our Government. 

Kecross-examination by Mr. Cochran : 

Q. The natives up in the northern country are entirely different i)eople from 
the natives down in this part of the country, so far as qualifications are con- 
ceriK'd, are they not?—A. I would not compare the northern natives with the 
Nome or the Cai)e Prince of Wales natives. 

And it is the northern native mostly you have addressed your remarks 
to?—A. Yes, sir. 

By Mr. O’Neill: 

(F You consider the northern native superior to the Nome native?—A. I do. 

1^. You do not think any native around Nome would he a fit constituent for 
any candidate—for him to exercise the elective franchise?—A. The Nome 
native, no. 

Q. Not any of the scpialid natives that are around Nome?—A. I think not. 

i}. You have observed them considerably?—A. Yes, sir. 

Q. And they live more or less in squalor, do they not; not cleanly about 
their houses?—A. I found the Nome native’s home more disorderly than any 
homes in the north ; than any native homes in the north. 

By Mr. Cochran : 

(}. Tliere is .lust as much difference between the natives as to their intel- 
U'ctual attainments as there is between other races of people?—A. Yes, sir. 

By INIr. D’Neill : 

Q. Mr. Magiure. 1 want to ask you if that wireless at Norvick is operated 
by the natives or white people?—A. There are two native assistants who can 
receive wireless dispatches, hut can’t send. 

James H. ^Maguire. 

Subscribed and sworn to before me this 14th day of October, 1919. 

[SEAL.I K- Wkith. 

Notary ruhlic for the Territory of AJaf^ka. 

M.v commission expires November 44, 1921. 

Territory of Alaska, 

Second Dirision, ss: 

This is to certify that the foregoing dejiositions were taken upon oral questions 
made and oral answers given, and taken in shorthand by O. II. Lanioreux, 
under Illy instructions and directions, and immediately thereafter transcribed 
by him, and after being so transcribed were read and examined and corrected 
by the witne.s.ses, T. B. Killeen, E. D. Evans, and .1. H. Maguire, who thereupon 
signed their names to the said depositions. That before said deiiositions were 
taken the said stenographer. (). II. Lanioreux, was duly swoiai to correctly 
report the said testimony in shorthand, and correctl.v transcribe the sanu\ to 
the best of his ability; and the same is a true and correct statement of the 
depositions made by the said witne.sses at the time and ]tlace above nientioned. 
That exhiliits from A to U, inclusive, attached hereto, are all the exhibits intro¬ 
duced at the taking of said testimony. 

In witness whereof I have hereunto i=;et my hand and affixed my official seal 
this 14th day of October, 1919. 

[SEAL.] 1’^- Weith, 

Notary PuhJie for the Territory of Alaska. 

My commi.ssion expires November 14, 1921. 


634 


WK^KEKSHAM VS. SULZI’.R, DECEASED, AND GRIGSBY. 

Contestek’s Exiihut A. 


Ill the District Court for the District of Alaska, Second Division. Ortified 
copy election re^rister and certiticate of'.indjies of election in re election held in 
ITiialakleet precinct, November 5, 1918. 


No. 

Name. 

Residence. 

Voted. 

1 

T/eo Pnvelick:. • . 

Unalakleet Alaska. 

Yes. 

2 

R. F, Rao^on . 

.do. 

Yes. 

.s 

F r Brailev 

.do. 

Yes. 

4 

Hn,rrv Miehapl . 

Klickatarick. 

Yes. 


Tnst.ipR Pip’-rmiek'ta.lif’K’ .. . 

Unalakleet. 

Yes. 

(i 

Vfaariv FfawaV . 

.do. 

AYs. 


Fvan Fa Pan . 

.do. 

Yes. 

8 

A rth nr .Snyip, . 

.do. 

Yes. 

q 

Mnnrnp CrnTinrinan . 

.do. 

A^es. 

10 

FpnPlnnP FaVan . 

.do. 

AYs. 

11 

Rov A RneP . 

.do. 

Yes. 

12 

Stephan T van off . . 

Shaktolik. 

Yes. 

13 

M 1 van n PF . 

.do. 

Yes. 

14 

T'inma<; Ft leva . 

Fgavik. 

Yes. 

ir^ 

Shatter TnsavieP . 

. .do. 

Yes. 

10 

ffarrv Soxie. 

Cnalakleet. 

A^es. 

17 

O Rock . 

.do. 

A^es. 

IS 

Vietnr AnairieP 

.do. 

A^es. 

10 

pTant C!r)non<rnan . 

.do. 

Yes. 

20 

A.rs (rportrp Knt.t.olc . . . 

.do. 

Yes. 

21 

fiporep ICnIt.onV . 

.do. 

Yfs. 

22 

Maurice A. Johnson . . 

.do. 

AYs. 

23 

Aaron Paneok . 

.do. 

Yes. 

24 

Frank M P»ppsr)n . 

_do. 

Yes. 

2.') 

Joseph Katchatak . •. . 

.do. 

Yes. 

211 

Charlev A form,ns . 

.do. 

Yes. 

27 

Sa'\Ttilik . . 

Feavik. 

Yes. 

28 

Renjaniin Katehik . 

Unalakleet. 

Yes. 

29 

Chas. A. T ea^er. 

.do. 

AYs. 

30 

MvOpis Pon o'^nan. . 

.do. 

Yes. 

31 

Mahon Ponosjnan . . 

.do. 

A'es. 

32 

Clara Tom . 

.. ..do. 

A^es. 

23 

Minnie Wilson . . 

.do. 

Yes. 

3 4 

'Vilson Ponoo'nan. 

.. ..do. 

A'es. 

3) 

Rokalnek .. . . . 

Shaktolik. 

AYs. 

36 

Sim an Siaoniek. 

Unalakleet. 

AYs. 

37 

Frank ivontchak. 

.do. 

A'p«. 

38 

Helga Ratchatag. 

.do. 

Yes. 

39 

Carrie Soxic. 

.do. 

A^es. 

40 

Samuel Anaruk. 

.do. 

AYs. 

41 

Mrs. Samuel Anaruk. 

.do. 

A^es. 

42 

Pfva Roek. 

.do. 

AYs. 

43 

Anna Ff. Karlson..*. 

.do. 

AYs. 

44 

Mary Power . 

_do. 

Yes. 

45 

Margaret Johnson. 

.do. 

A^es. 

46 

Johny Tom. 

.do. 

Y es. 

47 

Katchak. 

.do. 

Yes. 

48 

Susie Beeson. 

.do.. 

Yes. 

49 

Thora Susook. 

.do. 

Y es. /,• 

50 

Agnes Ryan. 

.do. 

A’’es. 

51 

Ilans C. Larson. 

.do.* 

A’'es. 

52 

Frnest Paneok. 

.do. 1 

A^cs. 

53 

N. Strong. 

.do. 

A"es. 

54 

Mrs. Katchatag. 

.do. 

A”^ es. 

55 

Malloek.N... 

.do.' 

A"es. 

56 

AVashoilook. 

.do. 

Yes. 

57 

Taktook. 

.do. 

Yes. 

58 

Mrs. 0. Rock. 

.do. 

A'es. 

59 

Mrs. Amy Anagick. 

.do. 

Yes. 






CERTTFICATE. 


Exited States oe America, 

Territory of Alaska, Sccofid Division, ss: 

We, Frank M. Deeson and Aaron Paneok and IManrice A. .Tohnson, respec¬ 
tively, jndiies and clerks of election, constitntin,i>j the election hoard for Unalak- 
leet votin.ij precinct or precinct No. 2 of the St. Michael recording district, or 
town of Ihialakleet, second division, Tei-ritory of Alaska, do hereby certify that 
the within and foregoing; election rej^ister, containing 2 and a part written 
pages, constitutes a true and correct list of all the names of and all data re- 






































































































































WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 635 


quired by law relative to all persons who vote<l or offered to vote at the election 
held in said votiiys; precinct, Territory of Alaska, second division, on the 5th 
day of November, 1918, and that the total number of persons votinj^ was 59. 

Dated at Unalakleet, Alaska, this 5th day of November, 1918. 

Frank M. Beeson, 

Aaron Paneok, 

Maurice A. Johnson, 

Judges. 

(Indorsed :) Duplicate general election register and tally book for Unalakleet 
voting precinct No. 2. St. Michaels recording district or town of Unalakleet 
division No. 2, Territory of Alaska. November 5, 1918. Filed in the office of the 
clerk of the district court of the Territory of Alaska, second division, at 
Nome. November IB, 1918. Thos. ^IcGann, clerk. 

P^NiTEi) States of America, 

District of Alaska, Second- Division, ss: 

I, Thos. McGann, clerk of the district court for the District of Alaska, second 
division, do hereby certify that I have compared the foregoing copy with the 
original duplicate general election register of voters, and certificate of judges 
of election in re general election held in Unalakleet precinct, November 
5, 1918, now on tile and of record in my office at Nome, in the District of 
Alaska, and the same is a true and perfect transcript of said original and of 
the whole thereof. 

Witness mv hand and the seal of said court this 14th day of October, A. D., 
1919. 

[seal.] Thos. ^NIcGann, Clerk. 


Contestee’s Exhibits B to U. 

(Pictures of Esquimaux. Omitted in printing.) 

NOTICE of taking OF DEPOSITION. 

To the contestant above named, Jlenrg T. Rag and Morton E. Stevens, his 
agents. 

Notice is hereby given that the depositions of H. Claude Kelly and John 
Moe, witnesses on behalf of the contestees above-named, will be taken before 
Richard H. Geoghegan, a notary public for Alaska, at the office of John 
A. Clark, at the corner of Cushman Street and Second Avenue, in the town 
of Fairbanks, at the hour of 8 o'clock p. m., on Thursday, October 16, 1919. 

John A. Clark, 

Attorney for contestee, George B. Grig.^by. 

Receipt of the foregoing notice, and a copy thereof is acknowledged this 
18th day of October, 1919. 

Henry T. Ray, 

Agent for contestant. 


subpcena. 

To John A. Moe, 

Fa i rba n ks, A la ska. 

You are hereby directed to appear before the undersigned, a notary public 
in and for the Territory of Alaska, at the office of John A. Clark, at the 
(•(UTier of Third and (fii'shman Streets, in the town of Fairbanks. Alaska, at. 
8 o’clock p. m., on Thursday, the 16th day of October, A. D. 1919, then and 
there to testify as a witness on behalf of the contestees above-named. 

Dated at Fairbanks, Alaska, this 18tli day of October, A. D. 1919. 

|si:al.] Richard H. Geoghegan, 

Rotary Public in and for the Territory of Alaska. 


Sei'vice of the foregoing subixena and receipt of a copy 
this 18th day of October, A. D. 1919. 


thereof acknowledged 
.loHN A. Moe. 


This is to certify that, on the 16th day of October A. D., 1919, at the office 
of .lohn A. Clark, in Fairbanks, Alaska, pursuant to notice, the deposition of 
John A. Moe, a witness on behalf of contestees named above, was taken before 


636 WICKKRSHAM VS. SULZER, DECREASED, AND GR10>SBY. 


Rk-hard H. Geoi^hegan, a notary public iji and for the Territory of Alaska. 
Present: Morton E. Stevens and Henry T. Hay, representing the contestant, 
and .Tohn A. (dark, attorney for contestee George B, Gngsby. 

DEPOSITION OF JOHN A. MOB. 

.Tohn A. IMoe, lieing first duly sworn, testified as follows: 

By Mr. Clark : 

Q. Your name is John A, Moe?—A. Yes, sir. 

Q. Are you a citizen of the United States?— A. Y"es, sir. 

(j. Are you over the age of 21 years?—A. Yes, sir, 

Q. How long have you resided in and about the town of Fairbanks?—A. Four¬ 
teen years, approximately. 

Q. Are you acquainted with K. \V. P>rown, who resides in Brooks, Alaska?— 
A. Ye.s, .sir. 

Q. Have you had any conversation with Mr. E. W. Bi’own since the time 
of the election—since the oth day of November. 191S—relative -to whom he 
voted for at said election for Delegate to Congress? 

']\Ir. Stevens. We object to the (luestion as calling for hearsay evidence; a 
proper foundation has not been laid to introduce such evidence; and there is 
no issue in this case as to the legality or illegality of the vote of E. W. Brown. 

A. I have heard- 

INIr. Ch.ARK. Answer the question l)y “j^es” or “no.” 

A. Yes, sir. 

(y M'here did the conversation take place?—A. At Brooks. 

(y M'ho was present?—A. One of them was a fellow by the name of Spool. 
I think Ringseth was there also- 

Q. Paul Ringseth ?—A. Yes; I think he was, but I would not swear posi¬ 
tively ; and they were discussing the Wickersham problem, and during that 
discussion Brown says- 

Mr. Stevens. AVe object to this question, proper foundation not having been 
laid for its introduction, and that the same is incompetent, irrelevant, and not 
within the issues raised herein. 

Air. (h^ARK. Where did the conversation take place? 

A. The conversation took place on the streets—on the sti\‘ets of Brooks. 

(}. What was said in the conversation relative to the Wickersham and 
Sulzer matter? 

Air. Stevens. We make the same objections 'as heretofore stated. 

A. They were talking politics in general, and he says he was a “Wicker¬ 
sham” and voted for Wickersham. “We voted for Wickersham,” he says. 

Q. Whom did he refer to as having voted for Wickersham?—A. Well, some¬ 
how it was referred to, and he looked at me as he said it, he voted for 
AVickersham. . 

Q. AA’as it after this election of November 5, 1918?—A. Y>s; it was in 
August last. 

Q. Do you know Alartin ('’laich?—A. A>s, sir. . 

cy Have you had any conversation with him since the oth day of November, 
1918, relative to whom he voted for at the election of November .5, 1918?—A. 
Yes, sir. 

Q. AA'here did the conversation take place?—A-, Once at the Fairbanks 
corner- 

Cy In Fairbanks?—A. Tu Fairbanks, at the cigar store of Hoyt Kelly. 

(y Did you have more than one conversation with him?—A. Yes; a number 
of them. 

(>. Now, referring to the one at the Fairlianks cigar store of Hoyt & Kelly, 
when did that take jdace?—A. That took place on the election day a year 
ago last November, in 1918. 

Q. On election day in 1918?—A. Yes; election day in 1918, between 3 and 4 
o’clock in the afternoon. 

Q. AATio was present?—A. There was a crowd there, but the one that was 
present—the reason I know it, Tom AIcKinnon was present for one, and a 
fellow, a big Austrian, I can’t remember his name, was too—the house was 
full of people, but they two was there when he made the remark. 

Q. AA'hat did he say at that time, relative to whom he voted for? 

Air. Stevens. AA’e object, for the reason that the proper foundation has not 
been laid for such testimony; that the same is hearsay, irrelevant, incompetent, 
and not within any of the issues in this case. 






WICKER3HAM VS. StJLZRR, DECEASED, AND GRIGSBY. 637 


A. It was a disc'nssion, yoti know, of politk*s--elec*tlon day—and there was 
some betting going on, and be says “ We Wickersham men will show you 
fellows what we will do/’ and I says, then I made the remark: “We will 
show yon what we do/’' Hut I had a conrersation with hini a number 
of times, not only here, but also in Brooks. 

Q. Have you had any conversation with him since election day, wherein he 
made any statements relative to whom he voted for at the election of Novem¬ 
ber 5, 1918?—A. I have. 

Q. Where did the conversation take place?—A. One time—twice—at Brooks, 
that he made that remark; he says, “You’re damn right, I voted for Wicker- 
sham, and I am proud of it.” 

Mr. 8TEVENS. We should like to have it understood that the objection hereto¬ 
fore made to this testimony is made to all like testimony of tliis winess, for 
the reasons heretofore given under the former objections. 

Mr. Cark. All right; it may be. 

Q. Who was present when he made the statements concerning which you 
have just testified?—A. At Brooks? 

Q. Yes.—A. Cosslett- 

Q. A1 Cosslett?—A. A1 Cosslett was one, Cal Franklin was two; well, it 
was a crowd that must have been lo or 20. Dan Hill, the collector, was there 
and Pauli was there, too, I think. We had a discussion. 

Q. Where did it take i)lace?—A. In Cosslett’s cigar store. 

Q. Do you know William Canning?—A. Y>s, sir. 

Q. Did you at any time since the 5th day of November, 1918, hear Mr. 
Canning state for whom he voted for Delegate to Congress from Alaska at 
the election of November 5, 1918? 

Mr. Stevens. We object to the riuestion, for the reason that the same is 
incompetent, irrelevant, hearsay, proper foundation not having been laid, and 
it is not within any issue herein. 

Q. Answer the question “yes” or “no.”—A. After, you say? 

Since the election.—A. On election day was the day—on election day. 

Q. Were you talking to him, or did you hear him talking to others? —A. I 
vas i)artially talking to him and ])artially othei‘S in the crowd. 

Q. Where was the crowd?—A. Hoyt & Kelly’s here; and he says: “ I just 
come from the i)olls,” he say, and- 

Mr. Stpwens. We object for the reasons heretofore stated. 

Q. Who was present at the time, if you remember? 

Q. Who was present at the time, if you remember?—A. I can’t remember ex¬ 
actly ; it was a crowd. Abe Stein—when they was coining over, Abe Stein was 
standing by tiie window there, and they were discussing it—the election—you 
know, and T think Martin Clash was in- 

Q. Martin Claich, you mean’?—A. Yes; Martin Claich; and I think one that 
was in—I don’t know whether he heard it or not—and another that heard it at 
that time was—let me see—what is his name—a big, tall Scotchman that lives 
up here on Seventh Street: I know his name; I can’t think of it at present- 

Q. What was .-^aid by him at that time? 

Mr. Stevens. We object, for the reasons heretofore stated, 

A. He was talking to us—we were talking, some betting going on, you know— 
on Nordale’s election. We just come from the polls. “ That is a good Wicker¬ 
sham vote ” I says. “ You bet it is ” he says. 

Q. Do you know where E. W. Brown resided—whei’e his residence was—on 
the oth of November, 1918?—A. Y>s; he lives in Brooks; that is, he lives at 
West Forks. 

Q. Do you know where he voted?—A. He voted here, according to the lists. 

Q. Now, :Martin Claich—where did he reside on the 5th day of November, 
1918?—A. ’ Here. 

Q. I >o you know whei'e he voted ?—A. Here. 

(]. Did you see him in town—here in town—that da.v?—A. Yes, sir. 

(}. He had just come from the polls?—A. I don’t know. 

Q. Where did William Canning live on the 5th day of November, 1918?—A. 
He lived at Dome. 

Q. Do you know whether he voted here at Fairbanks?—A. Y'es; he said so. 

Q, Do you know D. I.. Green?—A. Yes, sir. 

Q. Where does D. L. Green reside? 

Q. Where does D. L. Green reside’?—A. D. L. Green lives at Hot Springs; 
he is running a roadhouse at Hot Springs. 





638 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. How loiij; lias he been running that roadlioiise?—A. Green was running 
that roadhouse, I think, about a year and a half or two years; he has l)een 
down there. On inv way in the latter end of ()rt(»l)f‘>* T stayed at his place. 

Q. October of what year?— ^A. Previous to the election. 

Q. Do you know where he voted on that day?—A. lie voted here. 

(}. Did you ever have any conversation with Green relative to whom lie voted 
for at the last election?—A. Not after election; no; I didn’t 

Q. Did you ever have any conversation with him before that on the general 
subject of the iiolitical situation as regards AVickersham and Sulzer?—A. Yes, 

Q. AVhere did the conversation take jilace?—A. At the road house at Hot 
Springs. 

Q. How long before the election?—A. That was approximately a couple of 
weeks before election. 

Q. AVho was present at that time?—A. At that time, it was Spencer, of 
Circle, was one of them- 

Q. Deputy Alarshal Spencer?—A. Deputy Marshal Spencer; and Allard was 
there- 

Q. E. 1\ Allard, the mail carrier?—A. Yes; he was in it; I don’t know 
whether he heard. 

Q. What was said at the time as to whom he voted for? 

Mr. Stevens, AVe object, for the reason that the (piestion is immaterial, in- 
comi>etent, hearsay, and not within any issue raised in this case, and no proper 
foundation has been laid for the testimony. 

A. AA> were discussing AATckersham, and I says to him, “ You are a pretty 
strong Wickersham man.” He says, ” You bet I am a strong AATckersham man,” 
he says; ”1 always will vote for AATckersham as long as I am in Alaska,” or 
words to that effect. 

Q. Do you know where Green voted at the election on November o, 1918?—A. 
he voted here. 

Q. By “here” you mean in the Fairbanks lu-ecinct?—A. The Fairbanks 
precinct. 

Q. l>o y(ui know Ernest Peterson?—A. Yes, sir. 

Q. AATiere did Ernest Peterson live on the 5th day of November, 1918?—A, 
At Brooks. 

Q. AATiat busines.s was he engaged in there?—A. Mining. 

(>. l;n you know where he voted at tlie election on November 5, 1918?—-A, 
Yes; he voted here in town; he was visiting here. 

Q. Have you ever had any converssition with Ernest Peterson relative to 
whom he voted for at the election of the 5th of November, 1918? 

Mr. Stevens. AA'e object to the (piestion for the reason that the'same is im¬ 
material, incompetent, irrelevant, not within the is.sue, hearsay. 

A. He told me himself. 

Q. Did you ever have any conversation with him?—A. Yes, sir. 

Q. AATiere did the conversation take place?—A. At Brooks, this fall. 

Q. This fall?—A. This last August, 

Q. Of 1919?—A. Yes, sir. 

Q. AATiere did the conversation take place?—A. Him and 1 was talking in 
general; it was taking place on the claim one time, and it was another time in 
the cigar store—in the store of Mahan—and the second time it was sitting—he 
was watching the water on his claim and I come down and sat down and 
we talked it over. 

Q. AATis there anyone else present?—A. Not at the time him and I was sit¬ 
ting, on the second time; but the tir.st tinu^—that was in Alahan's store—and I 
put it direct to him. ami I says ” Ernest, you always voted for AATckersham,” 
and he says, “ Yes; we always did ”—he was talking about himself and his 
brother. 

Q. AATiat was said at the conversation on the claim?—A. It was siniidy that 
we were talking in a general way, the merits, you understand, (M the two can¬ 
didates, and he was advocating, you under.stand, that AATckersham—he referred 
to the contest of this election. AA'e were talking together, and he said that 
AVickersham would win, and I said “ You wait and see; we will beat the AATcker¬ 
sham men,” and he says ” You can’t beat us. AATckersham is going to win.” 

Q. Do you know E. U, Peoples?—A. Yes. 

Q, AATiere did E. U. Peoples reside on the 5th day of November, 1918?—A. I 
would think in Fairbanks, of course. 




WlCUvERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 639 


Q. How loiio- have you known E. II. Peoples?—A. Well, I don’t know; I 
Rave known Rim almost since Rim and I come to tlie camp. I Iiave known 
Peoples for tlie last 12 years, that I remember. The first I had any dealings 
with Peoples that I rememher was in 1908. 

Q. hat hnsiness was he in?—A, The general merchandise business. 

Q. Piider what name?—A. Peoples & Co. 

Q. Wasn’t it E. li. Peoples and then p]. 11. Peoples (Inc.)?—A. Yes; K. II. 
I'eoples (Inc.). 

Q. Did he make his home in P^airhaiiks?—A. Yes, sir. 

Q. And did his wife live here?—A. At that time I think his wife had gone 

(‘iitside. 

Q. Where was he in 1918?—A. At Brooks. 

Q. Did he have any residence at Brooks?—A. No; he was .inst ovei* there. 

(R Did yon ever have any conversation with Peoples since the 5th day of 
November, 1918, in regard to whom he voted for at the last election?—A. 
Yes, sir. 

(>. Vfhere did that conversation take place?—A. In the Arcade Cafe here 
in town. 

(.R The Ar(*ade (’afe in P’airl)anks?—A. Yes; 1 was joshing him there- 

(.R About when did that take place?—A. Probably about three weeks or a 

month after election. 

(}. Who was pre.sent at the time, if .von i'ememl)er?—A. I don't rememher; 
we were sitting up to the lunch counter, him and I, talking. 

(R Just tell what was said at that time. 

Mr. STp:vr:.\s. Wo object, for the reason that it is incomi)etent and imma¬ 
terial ; the proi)er foundation has not been laid; the same is hearsay, and not 
within the issues in this case. 

A. 1 was joshing him—Peoples—about him going over to Brooks and voting, 
and I said, “ Yon had to go away from home to vote over there, to get a good 
vote for Wickersham.” He says, “ Wickersham will get a good vote anyway,” 
and I says, “Yon lost the town.” “Yes,” he says, “we lost the town, but* it 
Avasn’t my fault. I certainly done good work for Wickersham.” 

(R Do yon know Sylvester Howell?—A. Yes, sir. 

(R Where did Sylvester Howell reside on the 5th day of NbA’ember, 1918?— 
A. He alwa.vs has .so far as 1 know—evei* since I know him—his residence has 
been down at Hot Sin-ings. 

Q. What business has he l)een engaged in?—A. Mining at Hot Springs. 

(R Do .von know' w'here he voted in tlmt election of November 5, 1918?—A. 
He voted here. 

(R W'as it here or some other place?—A. Sylvester How'ell—he voted at 
Nenana. 

Q. Have yon ever had any conversation w'itli Howell since the election of 
November 5, 1918? As to whom he voted for at that election?—A. In a con¬ 
versation in the Tanana Club. 

(R When did that take place?^—A. In the Tanana Club. It w'as—I think it 
w’as—somew'here about the middle of .Tannary following, w'e w'ere discussing 
in the club that Wickersham would contest the election. 

(R Who was ])resent at the time?—A. Well, I can not say. One that w'as 
sitting there when w'e were talking was the then chief of i)olice- 

Q. Mr. Frank Wiseman?—A. Mr. P’rank Wiseman, he was there, and I thiilk 
that Mark Manson or P’rank Law’son—I don’t know w'hich—but there w'ere quite 
11 number, must have been half a dozen or such, members of the club, and the 
talk W’as relative to w’hom they voted for——- 

Mr. Stevens. We object, for the reason that the same is hearsay, incompe¬ 
tent, irrelevant, not w’ithin any issue herein, and pi'oper foundation has not 
been laid. 

Q. Go on and tell about it.-—A. He W'as talking, him and P^'rank Law'son w'as 
discussing it, and he says—Frank Law'son—it w'as something that come up 
and P^'rank T.aw’son made the remark al)out “You Wickersham men,” and “You 
voted for Wickersham,” or they w'ould be w’orking for him—something to that 
effect—and How'ell an.sw'ered: “We w'ill never l)e sorry for voting for Wicker¬ 
sham,” he says. But the conversation w'as not directed to me, you know’, it 
W’as simply w’here he acknow’ledged that he voted for Wickersham in a dispute, 
or a conversation rather, w’ith another iman ; just talking around there, 

Q, Do you know’ wdiether or not there is a voting precinct at Brooks?—A. 
Y.es; there w’as. 




640 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Do you know wliotlier there wa.« a voting precinct at Hot Springs?—A.. 
Yes, sir. 

i}. Was there a v<>ting precinct at Dome?—A. Yes, sir. 

Q. Was there one at Nenana?—A. Yes, sir. 

<y Do you know wliether there was a voting precinct at Fairbanks?—A. Yes., 
si r. 

(^. ^^'hat territory does it take in?—A. The city of Fairbanks. 

Mr. Clakk. That is all. You may cross-examine. 

By Mr. Stevkxs : 

(y What otlicial i)osition do you now hold, Mr. Moe?—A. Special officer for 
the suppression of the li(pior traffic. 

Q. An api)ointment from Gov. Kiggs?—A. No; an appointment from Lane. 

Q. From Secretary Lane?—A. Secretary Lane hy recommendation of Gov. 
Higgs. 

Cy How long have you been in that office?—A. Since August a yeai' ago; the 
1st of August. 

(y IVhat iK)litical i)osition, if any, do you hold in Alaska? 

Mr. Cl.\rk. 'We object, as absolutely immatei-ial. 

(y Go ahead.—A. INditical? I doirt know as I have any political position, 

I used to hold the i)roxies for Mr. Griffin. 

Mr. Clark. He doesn’t mean that, INIr. ]Moe. 

cy You have heretofore held the office or position of Territorial committeeman,, 
haven’t you? 

Mr. Clark. Objected to as immaterial and incompetent. 

A. I have not. 

(y Did you,ever hold the position of national committeeman in Alaska?— 
A. No; I have not. 

(}. You have been a member of the Democratic Party for a great number, 
of years, haven't you?—A. I have; since 1880. 

Q. For several years last past, in Alaska?—A. Yes, sir. 

(y You have taken quite an active part in politics on behalf of the Demo¬ 
cratic party, haven’t you?—A. I have. 

cy Did you make any bets on Sulzer’s election? 

yir. Clark. We object on the ground that it is irrelevant, incompetent, and 
immaterial, and the witness can not be required to incriminate himself, and I 
now instruct the witness that he need not answer the question. 

Mr. STEvr:Ns. Will .voii answer the question? 

A. Mr. Clark tells me not to. 

IMr. Stevens. He didn’t tell you not to. 

Mr. (Jlark. I told you that you did not have to answer it unless you wi.sh. 

A. I refuse to answer. 

By ]Mr. Stevens. 

(}. IMr. IMoe, IMr. (Mark told you, in substance, that you need not answer the 
question unless you wanted to; that is, that you could claim to refuse upon 
the ground that you did not care to incriminate yourself.—A. I don’t care te/ 
answer the question. 

Q. Are you at the present time in any way financially interested in the 
result of this election contest?—A. I am not; not a dollar’s worth. 

Q. Haven’t you any money up—any bets up—on the result of Sulzer’s and 
Wickersham’s election of November, 1918?—A. I have not. 

Q. Do you hold any stake money on it? 

Mr. Clark. We will instruct the witness that he does not have to answer; 
the question is immaterial, incompetent, and irrelevant. 

^Ir. Stevens. Do you refuse to answer, Mr. Moe? 

Mr. Clark. You can answer or refuse. 

A. AVell, I hold $30 in stake money. 

(). On this election?—A. On this election; but absolutely no interest in it 
whatsoever. 

Q. You have testified in regard to a number of conversations with various 
voters; did you at any time make any memorandum in writing as to the sub¬ 
stance of those conversations?—A. No. 

Q. You say you did no make any?—A. No; I did not. 

(). Do you remember the conversations vou have testified to?—A. Yes, sir; 
I do. 

Q. Did you engage these parties into conver.sation for the purpose of finding 
out whom they voted for?—A. Well, I tell you; I have meddled with politics 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 641 


a deal in my lil'etiine and to tind ont liow a man’s luditics are and how 

he votes is a second nature to me, and I always tind ont and it is a habit, yo\i 
nnderstand, wliich I liave acquired l)y taking part in politics, yon may say» 
lor 40 years, and when I meet a man I naturally tind out how his politics is. 
I don’t know why I do it; it is simply my habit. 

(). And you followed that habit?-—A. 1 don’t follow it, but it seems that I 
do it, and I have no reason why. It is one of the bad habits a man has got— 
inlerfering and tinddig out other people’s business, I suppose. 

(). Vv’ell, you remember clearly just what the.se parties said and just wliat 
they didn’t say at each of these conversations to which you have testified?—A. 
1 am not saying that; I am simply telling what I know ; what they didn’t say, 
naturally I could not tell you. 

(,). Then you didn’t tell all that took place in these conversations at these 
difl’erent places?—A. I told all that had anything to do with this case; all that 
T think is necessary to this case. I have answered the questions as near as I 
know how to be fair. 

C}. Did you say that iNIr. K. W. Brown voted at Fairbanks?—A. Yes, sir, 

(}. How do y<m know?—A. Becau.se I asked him in that conversation. 

(j. He told you that he voted at Fairbanks?—A. Yes; I says, “ Y^)u voted at 
Fairbanks, iNIr. Brown,” and he says, “ Yes.’* 

Q. How did you know that he had voted at Fairbanks when you told him 
that?—A. That he had voted in Fairbaidvs when I told him’ that? The reason 
for it was this, that there was so much talk about Sulzer voting outside of the 
Itrecinct that he lived in, you remember—also in the papers—and I was finding 
out, you know; we thought here that anyone could vote anywhere in the district 
whether he lived here or not, and when that come up, we was curious to know, 
and I was curious to know—just to satisfy my own curiosity—to find some one 
who voted outside of their precinct; it is one of the habits, one of my habits I 
told you about. 

(}. Did you know that Brown had voted in Fairbaidcs before you talked with 
him at that time?—A. Oh, yes. 

Q. How did you know that?—A. By conversations, you understand; finding 
out who voted here. 

Q. Did you examine the list prior to that? 

Mr. Clark. The voting lists. 

A. I think I did ; I thiidv somebody had a list—I forget just who it was. 

Q. When was it?—A. Let me see how I knew it. l^'es; it was some one 
had a voting list and I was asking about it. 

Q. Wbo had the voting list?—A. I don’t remember who had it. 

(). When was it?—A. With Brown. 

Q. Yes.—A. That was oyer at Brooks la.st fall. 

Q. This last fall?—A. This last August, when I was over there. You see, Mr, 
Brown—I had him in court for having a still in his possession, and he pleaded 
guilty to that and was fined for having a still in his possession, and that is how 
I came to be over there, and after it was over a conversation come up, you 
know—Brown and I was talking, discussing the matter. 

Q. What was that conversation that you had with Brown? 

Mr. Clark. It is absolutely immaterial. The question is as to whom Brown 
voted for, and Brown’s conversation is absolutely immaterial. 

Mr. Stevens. Do you mean to say, Mr. Clark, that I can not call for the 
whole conversation that was had-there, as a matter of law? 

Mr. Clark. On the subject of whom he voted for—I don’t deny that; but on 
any other subject, no. 

Mr. STtwens. Just go ahead and state the conversation. 

A. I have stated all that. 

Q. I want you to state it again.—A. I simply found out that he voted “ Wick- 
ersham.” 

Q. I am asking you what he said and what you said in regard to it.—A. I 
asked him- 

Q. Asked him what?—A. “You voted for Wickersham, didn’t you?” I says, 
and he .said, “Yes,” and the conversation was—I think it was—Paul Bingseth 
and a fellow of the name of Spool, and I think there were some more, and I 
forget what it was, how it come up, but the conversation come up over Wicker¬ 
sham and I asked him. Of course, I know that he had voted for Wicker.sham, 
and I asked him point-blank, that was all. 

lol279—20-41 




642 


WlCKEPiSHAM VS. SULZEK, DECEASED, AND GRIGSBY. 

Q. You stated that on the 5th day of November, 1918, E. W. Brown lived at 
Brooks?—A. I didn't say he lived—well, his residence is at West Fork; he has 
quite a farm there; has been farming at West Fork for a number of years. 

i}. Yes, but where did he live on the 5th day of November, 1918?—A. His 
residence is over there; he has always lived over there. 

Q. At that time?—A. He was here during the election day—was over here. 

Q. How long had he been here?—A. I don’t know; he wasn’t here but a 
very short time; I don’t know how long; he may have been here a week or 
10 days. 

(). Wasn’t he here 30 days or more?—A. No. 

Q. How do you know?—A. Well, the reason it come up was this, that dur¬ 
ing the- time he had that still he said hadn’t been in Fairbanks but once, for 
a short time; he was there for a few days during election ; or something to 
that effect. 

■ (h AVhen did he say that?—A. That was during the month of August, this 
last time I was talking to him. 

Q. You don’t know, of your own knowledge, where he did live?—A. I have 
been to his cabin; I searched his house this last time. . 

Q. I mean do you know, of your own knowledge, where he lived in Novem¬ 
ber, 1918?—A. I know of my own knowledge that he has been residing there 
at Brooks and had a farm there for three or four years. 

t}. AA'hen did you first see him there?—A. This last fall. 

Q. You never saw him until this fall; just all you know about his living 
there is hearsay?—A. And as he says himself, and I was over there with a 
search warrant, you understand, for his house, and I says “How long have 
you been here. Brown?’’ and he says—I forget whether he said three or four 
years, “I have been here.” 

Q. That he had been there?—A. Yes, sir. I said “How long have you been 
over here,” because he had a patch of ground that was cultivated, you know, 
and he had it nice—had a nice potato crop, and everything around there 
looked good; looked like the work of one man for four or five years, and I 
thought probably he had been there some time. 

Q. Did he ever live in Fairbanks?—A. I don’t remember. He has been off 
on his farm; but before when I knew him he lived out on Vault Creek; but 
he hasn't lived in Fairbanks, to my knowledge, for the last seven or eight 
years. 

Q. He didn’t tell you that he was not living in Fairbanks in November, 
1918, did he?—A. That he was not living in Fairbanks? 

Q. Yes, in Fairbanks.—A. He simply—all I know about it is that he told 
me when I was over there that he had been on that ‘ ranch—lived there on 
that farm—for either three or four years, or he may have said three years or 
four years. 

Q. Did he say that he had been living on his farm?—A. “I have, been living 
here,'’ he said. 

Q. Just a minute ago I asked you about it and you said he said he had been 
“here.”—A. Yes, that meant on the farm; where the conversation took plac^^ 

Q. Did he say he had worked there or been living there three or four 
years?—A. He said “.I have been here” or “I have been living here”—I can not 
tell whether he used that word, “ living,” or not: I think he did. I am not 
positive about it. That is all I know about it, from the conversation and from 
the work that was done around there, and that he had a farm and must have 
been three or four years to have it like that. 

Q. INIartin Claich, you say, voted in Fairbanks?—A. Y"es. 

Q. How do you know?—A. Because I saw him election day in Fairbanks. 

Q. That is all you know about it; you didn’t .see him vote?—A. He told me. 

Q. That he voted in Fairbanks?—A. Yes; the conversation was up on the 
corner, in Hoyt & Kelly’s store; he said he had voted. 

Q. He didn’t say where, did he?—A. He was here and said he voted; from 
that I naturally took it that he voted here—and from looking over the list. 

Q. That was on election day?—A. Y^es, sir. 

Q. On the 5th day of November, 1918?—A. Yes, sir. 

Q. Wasn’t he living in Fairbanks?—A. His home is in Brooks. 

Q. How do you know?—A. AVell, he was talking there and he called himself 
“ Brooks people.” “ AVe Brooks people,” he said, in the conversation. 

Q. He owns a mine over there now?—A. Y"es, a mining interest. 

Q. He made a trip over there, a prospecting trip—the same as hundreds of 
other,s—along in 1914, didn’t he?—A. For the last four years he has claimed 
his residence at Brooks. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 643 


Q. How do you know that?—A. He told me. 

Q. He told you that for the last four years he had claimed his residence at 
Brooks?—A. “ I am a ”—how did he say it? “ I am a Brooksite,” he said. 

Q. Did he tell you he had claimed his residence at Brooks for the last three 
or four years?—A. No, not them words you are putting. 

Q. Well, what did he say about it?—A. In a general conversation he always 
said his home was Brooks—which it has been; he has lived there and been 
there in Brooks; that has been his home; and he has got a cabin over there 
and everything. 

Q. How many times have you been over to Brooks?—A. Once. 

Q. When?—A. This last August I was in Brooks for about thirty days. 

Q. You were not over there in November, 1918?—A. I was not. I was in 
Fairbanks on election day. 

Q. And all you know about INIartin Claich is that he referred to himself as a 
“Brooksite”?—A. Yes, sir. 

Q. That is all?—A. Yes. 

(}. You have known him for a number of years?—A. Yes. 

Q. You know, Mr. Moe, as a matter of fact, that he lived in Fairbanks for a 
long time, or about Fairl^anks?—A. All there is to it is this. I have always 
known that he has been in Brooks and called himself belonging to Brooks for 
the last three or four or tive years—three or four years anyway. 

Q. Do you know of his owning any property in Fairbanks?—A. I do not. 

Q. Hasn’t he a cabin in Fairbanks?—A. I don’t know; I don’t believe it. 

Q. Don’t you know, as a matter of fact, that Fairbanks has been his head¬ 
quarters always?—A. I don’t know any such thing, because I know -that his 
head(juarters has been Brooks for four years. 

Q. For four years?—A. Yes, sir; about that—approximately; I couldn’t 
swear to the date; I know it has been for over three years that I am positive 
of; but my recollection is that it is tive or six years. 

Q. You have seen him here in town many times, here in Fairbanks?—A. Yes; 
he conies in in the fall of the year and stays a little time and goes back again; 
he has been in this summer more than any other time on account of not feeling 
well. 

Q. In the year 1918 he was more in Fairbanks than in Brooks?—A. No. 

Q. How do you know?—A. I was here up to August and I know Martin 
Claich pretty well, and he was very seldom here. 

Q. Where do you say tliat Mr. Canning voted?—A. In Fairbanks. 

Q. You don’t know where he lived at that time?—A. He always lived on 
Dome Creek, but I don’t know—the first I knew Canning he was on Dome 
Creek was in 1909, and he has been there since. 

Q. Dome Creek is only a short distance from Fairbanks; it is in Fairbanks 
precinct?—A. It is in the Fairbanks mining district but not in the Fairbanks 
precinct. 

INIr. Clark. You mean the Fairbanks voting precinct. 

A. (Continuing.) It is not in the Fairbanks voting precinct; it is in the 
Fairbanks recording precinct. 

Q. Dfiicially it is known as the Fairbanks precinct? 

iNIr. Clark. You don’t mean to contend, Mr. Stevens, that it is within the 
Fairbanks voting precinct? 

Mr. Stevens. No, the Fairbanks recoi’ding precinct, the Fairbanks mining 
and recording precinct. 

Q. Thirteen or fourteen miles from Fairbanks?—A. About 18 miles, I should 
judge. 

Q. A great many men that have been mining on the near-by creeks, includ¬ 
ing Dome Creek, as a matter of fact live in Fairbanks and have for a number 
of years? 

Mr. Clark. We object as as immaterial and not directed to this particular 
man; wholly incompetent, unless directed to this particular man under discus¬ 
sion, William Canning. 

Q. Did William Canning say anything about where he lived at that time?— 
A. No. 

Q. He didn’t tell you that he lived on Dome?—A. No, sir. 

(2. You know, as a matter of fact that he has been mining on Dome Creek 
for a number of years?—A. Yes; and he is there now. 

Q. But you don’t know, as a matter of fact, whether he lives in Fairbanks 
or not, do you?—A. Why, I know that he lives in Dome; I have known the 
man for a number of years and he has been living on Dome Creek; he hasn’t 
been living in Fairbanks. 


644 WICKEPvSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Not that you know of?—A. I am positive. 

Q. Did you know D. E, (Jreeii in November, 1918?—A. Yes; I knew him 
before that. 

Q. Did you know him in November?—A. In November—lie was liere in No¬ 
vember, going through here on account of tlie death of his brother who 
drowned on the Sophia and he was going outside, was called outside and he 
was on his way from Fairbanks to Juneau, when election day was, and he 
voted here. 

Q. Did he tell you that he voted here?—A. No; I don’t know that he did. 

Q. How did you know?—A. From the voting list. 

Q. He didn’t tell you that he voted here?—A. No. 

Q. AVhat did he tell you in regard to AVickersham?—A. In a conversation, 
you understand, or rather an argument down there. I says “ You are a 
strong ‘ Wickersham?’” “You bet,” he says, “I am a strong ‘ Wickersham ’; 
always voted for him, and always will.” Words to that effect. That was at 
his own road house down at Hotsi^rings, somewhere between the 20th and.the 
■25th of October, previous to the election. On my way going up I stopped there 
for 5 or 6 days. 

Q. And at the conversation you spoke of, relative to Mr. Green, you say 
Spencer was present?—A. Yes, sir. 

Q. He was a deputy marshal?—A. Yes. 

Q. And that conversation took place in Fairbanks?—A. No, sir; it took 
place at his road house at Hotsprings, at Mr. Green’s road house. 

Q. Before election?—A. Yes, before election. 

Q. Then he never told you that he voted for AVickersham in this November 
election?—A. No, sir; he made the remark that he was “ AATckersham ” and 
always would he. 

Q. Mr. Spencer is a Democrat? 

Mr. Clakk. Objected to as immaterial. 

Q. Do you know?—A. I know that Spencer was appointed deputy marshal 
before Erwin got in, and I naturally expected tliat he is a Kepuhlican, being 
appointed by a Republican marshal. 

Q. Didn’t he serve under Erwin?—A. Erwin reappointed him. 

Q. AA’asn’t he a Sulzer man ?—A. I don’t know; I never heard him say. 

Q. Don’t you know, as a matter of fact, thnt Spencer was a strong supporter 
of Sulzer? 

]Mr. Clark. AA'e object as absolutely immaterial, as to whom Spencer may 
be in favor of or whom he may be against; it has no bearing on any of the 
issues in this cases; and we instruct the witness that he does not have to 
answer that question unless he wants to. 

Q. AA'ill you answer the question?—A. AA'ell, I don’t know; that is all. 

Q. AA'hat did Spencer say, if anything, at this conversation?—A. He wasn’t 
in the conversation ; just listening; Mr. Green and I were doing the talking. 

Q. And Spencer didn’t say anything?—A. No, sir. 

Q. AA’liet are Spencer’s initials—his name?—A. I don’t know. 

Mr. Clark. Chester T. Spencer is his name. 

Q. AAJiere is he stationed now?—A. He was, at the time when we are spetflv- 
ing about, down at the Hotsprings; he was stationed at Eagle and was on his 
way to Dawson with a prisoner that escaped from the jail — 

Mr. Clark. Eagle or Circle? 

A. (continuing) Circle, I mean—and he captured the prisoner and came down 
to Gibbon and we traveled on the same stage from Gibbon. 

Q. AA'hen was that?—A. I think we got here Sunday morning, the 26th of 
October. 


Q. Of 1918?—A. 1918, and we left—we were about 12 days or 13 days on 
the road between Gibbon and here. 

Q. Spencer was not living in Fairbanks at that time; you know that, don’t 
you ? 

Mr. Clark. AA"e object to this as incomi)etent, irrelevant, immaterial, and 
needlessly incumbering the record. No tt'Stimony has been offered as regards 
Spencer, and this is not proper cross-examination. AA^e instruct the witness 
that he does not have to answer the question. 

A. I will not answer the question. 

Q. AAJiy not?—A. Because I think it has absolutely no beailng on this case. 
He isn’t a party which is so far brought into this suit. 

Q. Don’t you know, as a matter of fact, that Spencer voted in Fairbanks 
and that Spencer was a supporter of Sulzer and that the reason you don’t want 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


645 


to answer this question is l)ecause you are afraid that your testimony might 
do Sulzer or IMr. Grigsl)y some injury if you answer this question ; ish’t that 
true? 

j\Ir.^ Clark. e ol)ject to the question and instruct the witness that he 
doesn’t have to answer it, and if there is iiny contention of that kind it is part 
of the contestant’s case in chief and can not l)e brought out on cross-examina¬ 
tion, and I instruct the witness that he does not have to answer the question. 

A. I will take the instruction of the attorney. 

Q. ho was present with you at the conversation with Ernest Peterson? 

Mr. Clark. >\ Inch one? He has testified to two conversations with Peter¬ 
son. 

Q. Well, we will take the first conversation that you told about.—A. The 
first conversation? I have already answered that. 

Mr. Clark. He is entitled to have it repeated; you can go ahead and tell it 
again. 

(}. 'W ho was present?—A. Yes, sir. Well, it was the first conversation we 
had; was at the store of IMahan. 

Q. Where?—A. At Brooks. 

Q. When?—A. That was during the month of August; this last August. 

Q. Well, what did Ernest I’eterson say to you at that time—A. I put the 
question square to him- 

Q, M hat question?—A. Asked him—I said, “ You voted for Wickersham? ” 
He says, “ Yes.” That was in a conversation we had, a dispute, and I can not 
remember all the words that led up to it, how it come up; but simply the 
thing was I put the question square to*him that he voted for Wickersham, and 
he said he did. 

Q. He said he voted for Wickersham?—A. Yes, sir. 

Q. That was last August?—A, Yes, sir; this last August. And then, another 
time, I was up trying to find out certain things in regard to my case that I had 
over there, and I wanted to see Ernest and get his help in the case, a case 
that is immaterial to this, has no bearing on the election, and him and I were 
sitting there watching the water, and we had an hour and a half’s conversation, 
and part of the conversation was what Wickersham done, etc.; just 
a fi-iendly conversation; and he said that he voted for Wickersham, and 
told the reason why he voted for Wickersham; he thought Wickersham was an 
' awful good man for the Territory; that was his reason, 

Q. Where did you say he voted?—A. He voted here. 

(}. How do you know?—A. I saw him here election day or the day after 
election, here in town. Him and I are good friends and we met and talked and 
I saw him off and on during that time of election here, and he is also on the 
register from Brooks, you understand. That shows where he voted. 

Q. The register from Brooks?—A. l^es, sir. 

Q, You saw by the register at Brooks that he voted here?—-A. No; I didn’t. 

I saw by the voting list of ones that voted, you understand, and the register, 
his name; that means his name was on the voting list, from Brooks—and his 
wife, both. 

Q. How did you know? From the voting list, you mean?—A. Yes, sir. 

Q. He and his wife were both here?—A, Yes,- voters here. 

Q. How long had he l)een here before the election?—A. He had just closed 
his work and he could not have been here- 

Q. Tell us what you know of your own knowledge.—A. He hadn’t been here 
long before election, because I came back on the 27th. 

Q, Twenty-seventh of what?—A. Twenty-seventh of October. Election was 
the 5th of November, and I don’t think that I met Ernest before three or four 
days after I came. 

Q. He might have been here and you might not have met him?—A. Yes. 

c}. Well, he lived here in Fairbanks then, didn’t he?—A. Well, he was only 
on a visit; that is what he told me. 

Q. He told you he was on a visit here?—A, “ I am only here for a short 
time,” he says, “ and I am going back to the work.” 

Q. He was a mining operator at Brooks?—A. Y'es, sir. 

Q. But he lived in Fairbanks, didn’t he; didn’t he have a home in Fair¬ 
banks?—A. I don’t think so. 

(J. Hasn’t he always had a home here?—A. If he has I didn’t know it. 

Q. Hasn’t he got a home on lower First Avenue, in Fairbanks, Alaska; don’t 
you know that?—A. Do you mean Gus or Ernest; if 3mu mean- 





646 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Ernest.—A. If he has I don’t know it. Gus is his brother. I know he 
look lus hride, came over from Brooks and took her hei’e and went Iiack attain. 

(^. To oi)erate in Brooks?—A. Yes, sir. 

Q. But his property and home have always been in Fairbanks?—A. If lie 
has it is unknown to me that he lived here, that is, and made his home here; 
I never know it. 

Q. But he might, for all you know.—A. Oh, well, he might. 

Q. He didn’t tell you that he lived in Brooks?—A. I didn’t ask him so he 
didn’t tell me; but he didn’t tell me he didn’t. 

Q. Sylvester Howell has lived here in Fairbanks a number of times, hasn’t 
he, since you have known him?—A. Well, he has heen here on a visit, but 
I don’t know as Sylvester Howell ever was a resident of Fairbanks; to my 
knowledge he has not. I always considered that his home was Hot. Springs^ 
because he has been mining in the Hot Siirings district for years and he is still 
mining there. 

Q. Well, he has a mine on Cleary, hasn’t he?—A. That I don’t know. 

Q. And used to live on Cleary Creek?—A. I don’t know; since I have known 
Sylvester Howell, and I have known him three of four years, probably' live 
years, and ever since I have known him his home has always been at Hot 
Springs. 

Q. His home or his operations?—A. His home. 

Q. He has operated in this part of the country, too?—A. He hasn’t operated 
in this part of the countr.v since I have known him; I have only known him, 
of course, four or five years. 

Q. Don’t you know that within the*last year he has been operating on 
Steel Creek?—A. I don’t know within the last year; it is a new venture. 

Q. Don’t you know that he has been prospecting on Steel Creek?—A. I 
don’t know a thing about it. 

(}. For the last two or three, or possibly, four years, he has been interested 
in quartz up (m Steel Creek; don’t you know that?—A. No; I don’t know it. 

Q. And that he purchased some i)roperty on an oi)tion from “Wise ^like ” 
Stepovich?—A. Well, yes; I know he was in that deal, and lost money in it. 

Q. To the extent of some thirty thousand dollars or so?—A. I don’t know 
how much ; I don’t know a thing about his business. 

Q. That is near Fairbanks, isn’t it—Steel Creek?—A. I should .iudge about 
17 miles; I ain’t sure. 

Q. In the opposite direction from Hot Springs?—A. That I don’t know. 

Q. Don’t you know that Sylvester Howell has considered Fairbanks his 
home and has operated in various places around?—A. I never heard him 
claim this as his home. 

Q. Do you know, of your own knowledge, that it is not his home?—A. I 
always understood that his home was at Hot Springs. 

Q. How did you understand that?—A. In general conversation, etc. 

(}. But you had forgotten all al)out his operations on Steel Creek?—A. I 
don’t think that “ Wise Mike’s ” holdings are on Steel. 

Q. You said you knew he was in the deal and that he sustained a lossj, 
It is the head of Steel Creek, isn’t it?—A. They don’t call it the head of 
Steel Creek. I forget what they-call it. I knew he was in it with him. 

Mr. Clark. The head of Gilmore Creek. 

A. (continuing.) At the head of Gilmore Creek; that is what I think—■ 
head of Gilmore Creek. 

Q. Right out here near Fairbanks?—A. Sixteen or 18 miles, I should 
judge ; proha hi y 20. 

Q. You say he voted in Fairbanks?—A. Yes, sir. 

Q. He did?—A. No; I mean at Nenana. 

Q. IMay be Nenana was his home?—A. Well, I have just stated what I 
know and what I have heard and what I think, and I don’t think Nenana 
any time was his home. 

Mr. Clark. You just told him that his home was at Hot Springs. 

Q. Do('sn’t he own a lot of property in Nenana—have a show house or a 
theater there?—A. I don’t think so. 

Q. You don’t think so; don’t you know he does?—A. I don’t think so; I 
don’t know what he has at Fairbanks; but I know that he hasn’t any holdings 
in that house now. 

Q. Doesn’t he own any property at Nenana?—A. T don’t know; I wouldn’t 
say that he does or that he duesn’l'. 


WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY, 


647 


Q. Did he ever live in Nenana?—A. I don’t know; I don’t think he did. 1 
know that we always considered his home at Hot Springs. 

Q. Whom do you mean by “we”?—A. That means the general'community. 

Q. And he told you that he voted for Wickersham?—A. No; hut in a 
conversation up at the club one time, you know, him and Frank Lawson was 
having a mild discussion among themselves, and he, in that conversation, 
said that he was a Wickersham man and always voted for Wickersham. 

Q. Well, did you have any conversation with anybody else in regard to how 
they voted? 

]Mr. Clauk. AVe object to it as immaterial, not proper cross-examination, 
and instruct the witness that he does not have to answer. 

Air. Stevens. You can answer the (piestion. 

A. There is no use answering that question. 

Q. You would not answer that question?—A. No. 

Q. Am I to understand that the only conversations that you had with 
persons who voted at the Delegate election of November 5, 1918, were with 
these several persons that you have mentioned here to-night? 

Mr. Geark. AVe object to the question as not proper cross-examination, in¬ 
competent, irrelevant, and immaterial, not a correct statement of the witness’s 
testimony, and we instruct the witness that he does not have to answer. 

A. I will take the instruction of the attorney. 

Q. Then the conv(‘rsations that you have given to-night—I mean the testi¬ 
mony that you have given to-night—-regarding the conversations that you had 
with these various voters was had by you for political purposes, was it not?— 
A. At the time when them conversations were going on it was for no political 
purpose, if was simply for the purpose of knowing, for my own satisfaction, 
who were Rei)ul)licans, oi* voted for AAhckersham, and who was not. It is a 
habit which I have acquired by meddling with politics for years and T could 
not any more explain why, only the reason that it is simply an acquired 
habit, and I don’t know, as long as it don’t do’ anybody any harm, why I don’t 
think that I can satisfy my own curiosity as to a voter. It has become such 
a habit I can’t tear away from it. 

Air. Clark. It is not a crime under the statutes of Alaska. 

Q. AA’ell, vou had a political object in finding out how these men voted?— 
A. No. 

Q. AA'ell, you had a personal curiosity to find out how these men voted?— 
A. Yes, sir; that is all. 

Q. AA'hy did you have a curiosity to find out how these particular men 
voted, or was that curiosity extended to all your acquaintances?—A. Alore or 
less all. 

Q. I will ask you to reconsider your refusal to answer a question. I should 
like to know, AlV. Aloe, whether your political curiosity extended to other in¬ 
quiries besides these particular persons. 

Air. Clark. Objected to as immaterial, irrelevant, and incompetent ; it has no 
bearing on any issue in this case; and we instruct the witness that he does not 
have to answer. 

A. I will take the instruction. 

Q. AN’hat I want to know. Air. Aloe, is to test your memory in regard to how 
various persons in this community voted. I think it is a fair question, and I 
want to ask you again whether or not your political curiosity, as you call it, 
extended to any other persons in this community than these iiarticular men 
concerning whom you have testified?—A. The instruction from my attorney is 
not to answer the question, and I will take his instruction. 

Q. You will take the chance (d the court throwing out your testimony on the 
ground that your testimony is not fair in this matter? 

Air. Clark'. AVe are willing to take that chance. 

A. I have been trying to be fair, done my utmost to he fair, to answer the 
questions honestly and squarely. 

Q. As I understand, you refuse to answer the last question?—A. By advice 
of the attorney; I do. 

Air. Stevens. That is all. 

By Air. Clark : 

Q. Just one question. You were subpoenaed, were you not. Air. Aloe?—A. I 
was ; I have the subpoena in my pocket. 


!\'<:(!!-:ASED, and giugsby. 


648 WTCKERSTIAAI VS. STEZER, 


By iMr. Stevens: 

Q. When were yon siibneeimed?—A. 1 think it was yesterday or to-day; I 
forget. 

Q. Yon know, as a matter of fact, that yon were not eoinpelled to appear here 
unless yon were subpoenaed five days prior to the examination?—A. I was snh- 
pcenaed and I came; that is all. 

Q. Yon came here very willingly, didn’t yon?—A. That was the thing that 
I was asked by the snhpoena to appear and I went. 

(}. Whom did yon talk to, prior to being subpoenaed, about this matter? 

IMr. Clark. T admit that I talked to him. 

A. IMr. Clark was one. 

Q. Did yon suggest to IMr. Clark that it was better, or might look better, if 
he subpoenaed yon?—A. No; of course not. 

IMr. Stevens. That is all. 

Mr. Clark. That is all. 


CORRECTION. 

The witness having read over the foregoing testimony, desires to make the 
following correction, to wit, on page 6. in answer to the question: 

“ Q. Now, IMartin Claich^—where did he reside on the 8th dav of November, 
1918?” 

For the answer: “A. Here ” substitute the answer “A. Brooks.” 

JoifN A. Moe. 

Subscribed and sworn to before me, at Fairbanks, Alaska, on this 21st day of 
October. A. D. 1919. 

[seal.] Richard H. Geoghegan, 

Notary Public In and for tbe Territory of AJasya. 

IMy commission expires Jannary 5, 1920. 

United States of America, 

Territory of Alaska, ss: 

This is to certify that the foregoing deposition is a full, true, and correct 
transcript of the evidence given by John A. Moe, a witness on behalf of con- 
testees in the above-entitled matter; that all questions were propounded to 
him by the attorneys for the respective parties as therein shown ; were by him 
answered, by me taken down in shorthand, and by me thereafter transcribed ; 
that said deposition was then read over by the witness, by him corrected, and 
said corrections noted by me; that the witness thereupon signed said deposition 
and swore to it before me as a notary public; and the foregoing comprises a 
full, true, and correct record of said proceedings. 

In witness whereof, I have hereunto set my hand and affixed my notarial 
seal at Fairbanks, in the Territory of Alaska, on this 21st day of October, A, D. 
1919. 

[seal.] Richard H. Geoghegan, 

Notary Puhlic in and for the Territory of Alaska. 

IMy commission expires January 5, 1920. 

TESTIMONY FOR CONTESTANT IN REItUTTAL. 

To the almve-nawed Georye D. Grigsby and his attorneys, J. A. Hellenthal 

and John R. Winn: 

You will please take notice that before Mrs. D. B. Chace, a notary puhlic, at 
the office of the attorney general for the Territory of Alaska, in the Goldstein 
Building, at Juneau, Alaska, on Thursday, October 16, at 4.30 o’clock p. m. of 
that day, and thence continuing until completed, the contestant, James Wicker- 
sham will take the deposition of Willie Peters, residing at Juneau, Alaska. 

This deposition will be taken at the time stated for the reason that the said 
Willie Peters will leave the jurisdiction or the Territory of Alaska on the 
steamer Northivestern on Friday morning,-October 17, 1919. 

Dated at Juneau, Alaska, this 15th day of October, 1919. 

John B. Marshall. 

Attorney for Contestant, 


649 


WICKEPiSHAM VS. SULZER, DECEASED^ AXI) GRIGSBY. 

Service of a copy of the forej^oiii?? is admitted this 15th dav of October, 1919 
()h.iection is made on the .ground tliat insufficient time is allowed belween 
the lime of the service of the notice and the takinj; of the deposition, and that 
tne time for the takinjx of rebuttal testimony has not yet commenced. 

J. A, Hellenthal, 

Attorneij for Contestee. 

Me it rememhered that pursuant to the notice hereto annexed, and on the 16th 

1^- the office of the attorney 

I^eneial foi the lerritory of Alaska, in .Tuneau, Alaska, before hie, I). R. Chace 
n notary public in and for the Territory of Alaska, personally appeared Willie 
J eters, a ^yltness j.roduced for and on behalf of contestant in the above-entitled 
imitter, .Tohn I>. Marshall, Esq., attorney for contestant, and .1. A. Hellenthal 
attorney tor contestee, and thereupon the followinji: proceedings were had ami 
testimony taken, to wit: 


DEPOSITION OF WILLIE PETERS. 


MILLIE PLIERS, witness produced for and on behalf of contestant in 
rebuttal, was duly sworn by the notary to tell the truth, the whole truth and 
nothing but the truth. 


-Mr. Hellenthal. I will make a formal objection to the taking of this testi¬ 
mony at this time on the ground that insufficient time was given since the 
service of the notice, and that the time for taking rebuttal testimony has not 
yet commenced. 

-Air. AIarsiiall. I will state at this time that the time for taking rebuttal 
testimony has begun, aiml that whether it has or not this witness is leaving 
Juneau to-morrow morning on the steamer Northwestern, and we have got to 
take his testimony now in order to get it. 


Ry Air. AIarsiiall : 

(L M hat i."^ your name?—A. AVillie Peters. 

(L M illie, Avhere do you live?—A. I live here, down at .limmie Hanson’s 
house. 

(}. Is that down in the village?—A. Yes, sir; down in the village, with .limmie 
Hanson at his stepfather’s house. 

Q. You mean down in the Indian village here known as Auk ATllage?—A. 
Yes, sir. 

Q. How old are you?—A. I was 24 years old last year. 

Q. Do you know Seward Kunz?—A. V'es, sir. 

Q. Did Seward Kunz have any talk with you at or about the time of the 
election on November 5, 191Si nearly a year ago? 

Air, Hellenthal. AVe object to this question on the ground it is irrelevant 
and immaterial ; and on the further ground it can not be rebuttal, no founda¬ 
tion having been laid for the asking of the question. 

A. A"es. sir; just at that time he came to me and said- 

Q. (Interrupting.) Answer yes or no. Did you have any talk with him?—A. 
No; I never talked. Just he said that fellow is a good man here, that fellow 
Charlie. 

Q. You never had any talk ; he just said that that fellow Charlie was a good 
man to vote for?—A. Yes, sir; that is all he said. 

Q. Do you know whether he meant by that Charles A. Sulzer? 

Air. Hellenthal. Objected to as immaterial and irrelevant. 

A. Yes, sir. 

Q. AAdiat else did he say to you? 

Air. Hellenthal. Object to the question as irrelevant and immaterial and 
not rebuttal, no foundation having been laid for tbe impeachment of the witness 
Kunz. 

A. He said to-morrow afternoon to vote, to come around to-morrow afternoon. 

Q. He said to come around to-morrow afternoon and vote?—A. A"es, sir. 

Q. And did he tell you who to vote for? 

Air, Hellenthal. I object to that on the ground above stated. 

A. Just at that time what he said to me at the house; he said that fellow 
was a good man. 

Q, He just said that that fellow was a good man, meaning Charles A. 
Sulzer?—A, A^es, sir. The next time he ne^•er talked to me, and he never talked 
to me any more. 



650 WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Did yon to the i)ol]s the next day, on November 5, and vote? 

Mr. Hellenthal. Objected to as irrelevant and immaterial and not rebuttal. 

A. Yes, sir. 

Q. Who did yon vote for at that time? 

Mr, Hellenthal. ()l)jected to as immaterial and not rehnttal, 

A. I voted for Charles A. Snlzer. 

Q. Yhni voted for him for Dele.ijate to Congress?—A. Yes, sir, 

Q. Willie, had yon ever voted before? 

Mr. Hellenthal. 01)jected to as immaterial and not rebuttal. 

A. No, sir. 

Q. AVhen Seward came down here on the day before election, did he show 
.von any paper? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A, That paper he jjave to me and I f?ave it to yon. 

Q. The paper that yon j>:ave to me, that is the one?—A. Yes, sir. 

Q. Do yon know what that paper was? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal, and the paper 
is the best evidence. 

A. I can not read it ami I don’t know what that paper was. 

Q. Yon could not read it, so yon didn’t know what it was?—A. Yes, sir. 

Q. Did he say anythini? about if yon would sij?n that paper yon would have 
the right to vote? 

Air. Hellenthal. Same objection. 

A. He said it was good for to vote with it. 

Q. He said “It is good to vote with,” and that is what he gave it to yon for?' 
—A. Yes, sir. 

IMr. Maeshall. That is all. 

IMr, Hellp:nthal. That is all. 

AVillie I’eter. 

United States of Ameeica, 

Territory of AJaslai, Division No. I, ss: 

T, D. B. Chase, a notary public in and for the Territory of Alaska, do 
hereb.v certify that the witness. AVillie Peter, in the foregoing deposition was^ 
by me duly sworn to tell the timth, the whole truth, and nothing but the truth; 
that said deposition was then taken down b.v me in shoidhand at the time and 
place mentioned in the annexed notice, to wit, at the office of the attorney gen¬ 
eral for the Territory of Alaska, in Juneau. Alaska, on the 16th day of Oc¬ 
tober. 1919, at the hour of 4.80 p, m. of said day ; that said deposition was 
thereafter reduced b.v me to typewriting and when completed was carefully 
read over to said witness and by him subscribed in my ])resence. 

AAJtness my hand and notarial seal this, the 17th day of October. 1919. 

[seal.] E. R. Chace, 

Notary PnlAlc for the Territory of Alaska, residing at Juneau. 

My commission expires IMay 12, 1921. 

/ 

To Peter Konosh, Mrs. Tillie ^tartin, ('harles Peters, Charles Gray, Billy 

Martin, George Martin, Wallis George, and J. L. Gray, Gilbert Jaekson, 

John Willis, llaniel Joseph, Jimmy Fo.v, Edward ^^arshall, .and John Harris, 

Greeting: 

Pursuant to notice heretofore given, .von and each of .\on are hereby sum¬ 
moned to be and appear liefore Mrs. D. P>, Chace, a notary public in and 
for the Territory of Alaska, at the office of the attorney general for the 
Territory of Alaska, room No. 403, Goldstein Building, at Juneau, Alaska, at 
the hour of 10 o’clock a. m,, on Friday, October 24, 1919, then and there to 
testify as witnesses on behalf of Hon. James AAJckersham, the c<mtestant 
above named. 

This subi^oena is issued and your attendance recpiired by virtue of the 
authority conferred upon me by the statutes of the United States governing 
contested elections. 

AAJtness my hand and official seal at said city of Juneau, this 17th day 
of October, 1919. 

[seal] D. B. Chace, 

Notary Publie for Alaska, 

My commission expires May 12, 1921. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 651 


To the ahove-named George B. Grigsby, and his attorneys, .7. A. HeUenthal and 

and John R. Winn: 

You will please take notice that before iSIrs. D. R. Cliace, a notary public, 
at the office of the attorney general for the Territory of Alaska, room No. 
4P8 in the Goldsteinn Ruilding, at .Juneau, Alaska, on Friday, October 24, 
1919, at 10 o’clock a. m. of that day and thence continuing until completed, 
the contestant, .Tames Wickersbam, will take the depositions of Peter Konosb, 
]Mrs. Tillie Martin, Charles Peters, Charles Cray, Rilly Martin, George Martin, 
Wallis George, .1. L. Gray and .John R, Marshall, residing at .Tuneau, Alaska, 
and Gilbert .Tackson, .Tohn Willis, Daniel .Joseph, .Timmy Fox, J^ldward Marshall, 
and .John Harris, residing at Douglas, Alaska. 

Dated at .Juneau, Alaska, tliis 17th day of October, J919. 

.John R. Marshall, 

Attorney for Contestant. 

Service of a copy of foregoing is admitted this ITtli day of October, 1919. 

.1. A. Hellenthal, 

Attorney for Contestee. 

STIPULATION, 

It is hereby stipulated and agreed by and between the respective parties 
hereto, by and through their attorneys .John R. ^Marshall and .1. A. Hellenthal, 
that the deposition of Charlie J’eters, a witness produced in rebuttal for and 
on behalf of tJie contestant, may he taken before D.- R. Chace, a notary public 
in and for tlie Territory of Alaska, at tJie office of tlie attorney general for 
tlie Territory of Alaska, on this 21st day of October, 1919, at the hour of 
4 o’clock p. iiL, previous to the date given In the annexed notice, in order 
to jiermit the witness to leave town. 

Dated at .Juneau, Alaska, this 21st day of October, 1919. 

.John R. ^Marshall, 

Of Counsel for Contestant. 

.1. A. Het.lenthaL, 

Of Counsel for Contestee. 

Re it remembered that pursuant to tlie stipuhition liereto annexed, and on 
' the 21st day of October, 1919. at the hour of 4 o’clock p. m., at the office of tlie 
attorney general for the Territory of Alaska, before me, D. R. Chace, a notary 
public in and for the Territory of Alaska, personally appeared Charlie Peters, 
a witness for and on behalf of contestant in the above-entitled matter; also 
apjieared .Tohn R. IMarshall, of counsel for contestant, and .T. A, Hellenthal, of 
counsel for contestee, and the following proceedings were had and testimony 
taken: . 

deposition of CHARLIE PETERS. 

Whereupon CHAlHTFi I’FTJ^IRS, a witness produced for and on behalf of 
contestant in rebuttal, was duly sworn liy the notary to tell the truth, the whole 
truth, and nothing hut the truth, and testified as follows: 

Ry ]Mr. Marshali. : 

Q. Charlie, how old are you?—A. About 22 years old; I forget, you see, just 
how old I am; about 22 years old. 

Q. AVhere do yo\i live?—A. In .JuneaiL 

Q. In what is known as Auk Village down here?—A. Yes, sir. 

Q. Were you here on the .5th of last November? Dn the 5th of last Novem¬ 
ber. about a year ago, on election day, were you here then?—A. Yes, sir. 

Q. Had you ever voted for anybody for an office before that time?—A. 
No. sir. 

Q. Do you know Seward Iviinz?—A. Yes, sir. 

Q. On that day did Seward Kiinz ask you to go up to the polls and vote? 

Mr. Hellenthal. We object to that as being immaterial and not rehuttaf. 

A. Yes, sir. 

Q. Who did he ask you to vote for? 

]Mr. Hellenthal. Object to that as immaterial and not rebuttal. 

A. MTll, he said to me that fellow Siilzer is a good fellow; that’s all he 
said to me. 


652 WICKERSHAM VS. SULZER^ DEC'EASED, AND GRIGSBY. 


(^. He said that iNIr. Siilzer was a good fellow?—A. He told me that Sulzer 
was a good fellow; that is all he told me. 

ii. Hi' told you that Sulzer was a good fellow?—A. Yes, sir; that is all 
lie said. 

Q. Did he ask you to vote for him?—A. No; T was thinking about that 
myself, and I thought he was a good fellow. 

(y And you thought he was a good fellow, and so you voted for him? 

Mr. Helj.enth.4l. I ohjeet to that as leading, immatei’ial, not I’ehuttal, and 
not the best evidence. 

A. Yes, sir. 

Q. Did Seward give you a paper for you to sign to shov.' you had the right 
to vote? 

Mr. Hej.i.enthai.. Oliject to that as immaterial, irrelevant, not rebuttal, and 
not the best evidence. 

A. Yes. sii*. 

Q. Did you know what office Mr, Sulzer was running for? 

]Mr. Hi*:llenthal. Object to that (piestion as immaterial and not the best 
evidence. 

A. No, si I*. 

(}. Do you know who else was running for that office with him? 

Mr. Hih.lenthal. Objected to as immaterial and not rebuttal. 

A. No. 

Mr. Marshall. That is all. 

Mr. Hellenthal. That is all. 

Charlie Peters. 

Be it rememheied that pursuant to the notice hei’eto annexed, and on Friday, 
the 24th day of October, ISIO, at the hour of 10 o’clock a. m., at the office of 
the attorney genei-al for the Territory of Alaska, in .luneau, Alaska, before me, 
D. 1>. Chace, a notary public for the Territoi’y of Alaska, iiersonally appeared 
John Willis, Jimmie Fox, Mrs. Tillie Maitiii, Billie Martin, Daniel Joseph, 
Gilbert Jackson, Charles Gray, Geoi’ge Eddy IMartin, and Wallis George, wit¬ 
nesses iJroduced for and on behalf of contestant in rebuttal, and John B. 
Marshall, esq., attorney for contestant, and J. A. Hellenthal, esjp, attorney 
for contestee, and thereupon the following pi-oceedings were had and testimony 
taken, to wit; 

It is stipulated and agreed at this time between John B. Mai’shal, for con¬ 
testant. and J. A, Hellenthal, tor contestee, that the testimony of the above- 
named witnesses need not be signed by said witnesses, both parties hereto waiv¬ 
ing the signature of said witnesses to their depositions. 

DEPOSITION OF JOHN WILLIS. 

Whereupon JOHN WILLIS, a witness pi’oduced for and on behalf of con¬ 
testant in rebuttal, was duly sworn by the notai-y to tell the truth, the whole 
truth, and nothing but the truth, and testitied as follows; 

Dii-ect examination by Mr. Marshall: 

Q. Ml’. Willis, where do you live?—A. I live in Douglas. 

Q. How long have you lived over there?—A. Oh, I lived there all the time; 

I was born here. 

Q. You were born hei’e in Juneau?—A. No; in Douglas. 1 live there; I go 
no place else; stay right there all the time. 

Q. How old are you?—A. I am 36. 

Q. You are a native Alaskan then?—A. l^es, sir. 

Q. Before the oth of November last year, when they held the election, had 
you ever voted? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

Q. When had you voted?—A. On that day on the Douglas side. 

Q. But did you ever vote before that time?—A. No, sir. 

Q. You never voted before then?—A. No, sir. 

Q. How did you come to vote that day? 

]Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. AVell, a man, his name is Frank, he is a half breed, he came around to 
my house; I thought he liked my house and I told him to come in and he came 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 653 


in and he got some paper and he told me to sign my name and he had no 
chance to tell me what is that for, so I asked him, “What is that for?” He 
said, “ I have no time; I have no time to explain to you, but there are a whole 
lot of Indians signed there, too, already, and you sign your name, too, quick,” 
he said, “ right away,” so I put my name down on it and he didn’t explain to 
me what is that for. 

Q. W'ell, what did you do then? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I didn’t do anything; I just put my name down on that paper and he 
went out. • 

Q. What was on that paper, do you know?—A. No; I don’t know. 

Q. AVhat (lid he tell you it was? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal and not the 
best evidence. 

A. He told me nothing about it; just said to me to just put my name down 
on it and then he left. He told me there were a whole lot of Indians signed 
their name and it is just as well to sign your name, too. 

Q. Well, what did you do then? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I put my name down. 

Q. Well, did you vote on November 5, 1918? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal and not the 
best evidence. 

A. I don’t know viiat that means. 

Q. Did you go up to the polls where they were holding the election?—A. Yes, 
I went up there. 

Q. What did you do when you got up there? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I didn’t know that man’s name that was selected. 

Q. You didn't know the man’s name they were selecting?—A. No, sir. 

Q. Well, what did you do when you got there, though? 

]\lr. Hellenthal. Objected to as immaterial and not rebuttal and not the 
best evidence. 

A. I signed my name on that long paper when I and Gilbert went in there. 

Q. \"ou signed your name on this long paper?—A. Yes, sir. 

Q. And you and Gilbert Jackson went in there together?—A. Yes, sir. 

Q. What did you do when you got in there? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Well, we didn’t do nothing. We got that paper in there and we left it 
inside and went out again. 

Q. Well, did you vote? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I don’t know what that means. ' 

Q. Y^ou don’t know whether you voted or not?—A. No, sir. 

Q. Well, do you think you voted? 

^Ir. Hellenthal. Objected to as immaterial and not rebuttal, and on the 
further ground this witness is not qualified to express an opinion. 

Q. Can you answer that?—A. No, sir. 

Q. Well, what did you go up there for? 

]Mr. Hellenthal. Objected to as immaterial. 

A. Gilbert told me to g(^ up there; I don’t know what it was for; and he 
showed me what to do, and so I followed him. He got his first; he got that 
paper first and he fold me, “ Just copy this one off,” and so I did; I copied it off. 

Q. What do you mean when you say you copied it off; what did you do? 

Mr. Hellenthal. Objected to as immaterial. 

A. He got a long paper like that [indicating] that has got some marks on it, 
and he said, “ The one we are going to choose we just put a cross on it,” and 
so I did ; I put a cross on that long paper. 

Q. Now, he gave you a long paper that had some names on it ?—A._ Yes, sir. 

Q. And some crosses in front of some of the names?—A. Xes; right at the 
end of the names, you see; so I did it. 

Q. And you put crosses in the same place?—A. Yes, sir. 

Q. Now," the paper you put crosses on was a paper one of the men in there 
gave you, wasn’t it?—A. Yes. 

Q. And you put crosses on that on the same place that they appeared on the 
ballot that Frank Desmond gave you? 


654 WICKERSHAjM vs. SULZER, deceased, and GRIGSBY. 


Mr. Hp:llenthal. 1 object to each of tliese questions on the ground they are 
immaterial and not rebuttal. 

A. Yes, sir. . , 

Q. Now, I show yon a paper and ask yon if that is the kind of a paper yon 

mean? [Hands paper to witness.]—xV. Yes, sir. 

Mr. Hellkntiial. Same objection. 

(y xVnd it bad some crosses on it like this, and yon put crosses on the paper 
o.a tlie same places?—A. 1 put crosses on in the same place, on the same lines. 

Q. Now, do yon know who yon voted for? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 
xV. Snlzer. 

(). How do ^()n know yon voted for Siilzer?—A. Well, Gilbert told me. 

Q. xVnd the only way yon know yon voted for Snlzer is that Gilbert told 


you? 

]\Ir. Hellenthal. I object to that as hearsay. 

A. Yes, sir. 

O Now, which name on there is Snlzer? [Hands paper to witness.] 

Mr. Hellenthal. Objected to as immaterial. The document speaks for 


itself. 

A. I don’t know. 

^Ir. T^Iakshall. Now, I want to offer in evidence this Democratic sample 
ballot and ask that it be marked “ Contestant’s p]xhibit A.” 

IMr. Hellenthal. Objected to as immaterial and not rebuttal. 

Q. Mr. Willis, do yon know what office Mr. Snlzer was miming for? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No, sir. 

Q. Did anybody ask yon to vote for Mr. Snlzer? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Gilbert told me. 

Q. Gilbert told yon to vote for Mr. Snlzer?—A. Yes, sir. 

Q. Who is the Delegate to Congress from Alaska now? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal, and the record 
of the House is the best evidence; 

A. I don’t know. 

Q. Do yon know wliat the business of the Delegate to Congress is?—A. No, 
sir. 

Q. Do yon know anything about Government—^how the Government is run? 

Mr. Hellenthal. Objected to as irrelevant and immaterial. 

A. I know a f^w of them. 

Q. What do yon know about it?—A. Well, I know about—that they have a 
sc'hool for ns. 


Q. They have a school for yon over in Douglas?—A. Yes, sir. 

Q. Well, what do yon know about it?—^A. So they could read it. 

Q. Now, ]Mr. Willis, as I understand yon, yon went up to the polis and you 
had a paper like this? [Referring to contestant’s Exhibit A.]—A. Yes, sir. 

Q. And then yon went in and the judges of election gave yon a paper a good'' 
deal like this one, only it didn’t have any marks in front of the names? 

Mr. Hei.lenthal. Objected to as immaterial and not rebuttal. 

A. No; it didn’t have any marks. 

Q. x\nd then yon went in and marked the one they gave yon just like this 
is marked? 

Mr. Hellenthal. Objected to as immateidal and not rebuttal. 

A. Yes; Gilbert, he had his before me, and they got crosses like that; he put 
crosses on his the same way like that, and after he done that he passeil it to 
me and told me to do the same way on mine; just put a cross like that. 

Mr. .Marshall. That is all. 


Cross-examination by Mr. Hellenthal; 

Q. Gilbert Jackson is a native, too, isn’t he?— A. Yes, sir. 

Q. He is a full-blooded native?—A. He works up on this side. 

Q. Yes; but he is a native? He is a native that lives in Jnnean?—A. He 
lives in Douglas; he has got a house over on Douglas side, and he just has a 
job over there here; he works over here. 

Mr. EIellenthal. That is all. 


655 


.WICKEIISIIAM VS. SULZER, DECEASED, AND GRIGSBY. 

Redirect examination by Mr. Marshall : 

Q. Can you write your name?—A. Yes; I can write my name. 

Q. That is all yon can write, isn’t it, John?—A. Yes; that is all. 

Mr. ^Marshall. That is all. 

(Witness excused.) 

DEPOSITION OF JIMMIE FOX. 

JIINEMIE FOX, a witness produced for and on behalf of the contestant, in 
rebuttal, being duly sworn by the notary, testified as follows: 

By IMr. Marshall; 

Q. Mr. Fox, where were you born?—A. In Alaska. 

Q. Whereabouts in Alaska?—A. Oh, down at Sunidum. 

Q. And you are a native Alaskan; you belong to the native race?—A. Yes, sir. 

(J. How old are you?—A. About 42 yeai's. 

Q. Where do you live?—A. At Douglas. 

Q. How long have you lived there?—A. Oh, about since I got to be a man. 

Q. Ever since you have been a man?—A. Yes, sir. 

Q. You have been living down on the beach there?—A. Yes, sir. 

Q. Where the natives live?—A. Yes, sir; clown in front of the hospital. 

Q. You are engaged in fishing and that sort of tliiiigV—A. Yes, sir. 

Q. Before the last election, which was held last Noveni)>er, iust about a .vear 
ago, did you ever vote? 

Mr. Hellenthal. Object to 4hat as immaterial and not rebuttal. 

A. Yes, sir. 

Q. Do you understand—I mean, did you ever vote for anybod.v at an election 
before this time a year ago? 

Mr. Hi:llenthal. Objected to as immaterial. 

A. No, sir. 

Q. The last election, cm November 5, 1918, did anybody talk to you about 
voting? 

Mr. Hellenthal. Objected to as irrelevant, immaterial, and not rebuttal. 

A. Yes, sir. 

Q. Who was it?—A. Well, Frank Desmond was the first man who came to 
my house. 

Q. And what did he say? 

Mr. Hi:llenthal. Objected to as immaterial and not rebuttal. 

A. He say go on and vote—I can’t tell very well, I like to have interpreter. 

.(Whereupon, John Williams, a native, was duly sworn by the notary as an 
inteipreter to truthfully and correctly interpret the questions propounded to 
this witness and liis answers to said questions.) 

Q. Ask him what Frank Desmond said to him about voting. 

Mr. Hellenthal. OI)jected to as irrelevant, immaterial, and not rebuttal. 

A. (P>y interpreter.) In the first place, Frank Desmond said to me to get 
the paper. He said, “ This paper means there are two parties running against 
each other; that the people\ here in this.part of the place are going to choose 
vdiich one of these people that is fit for this office and you can have your name 
put down here for either one of these two men.” 

Q. Well, did Frank sa.v anything to him about who he should vote for? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. The first time Frank Desmond was alone by himself when he made this 
talk with me. From the start he mentioned Sulzer’s name. He said, “ If you 
decide to »put your name for these two people, Sulzer will be the proper one 
for you to put your name down for,” and some little time afterwards he and 
another party—a few days between times he and another party came back 
up to me again ; then they talked to me the same way, mentioned Sulzer’s name. 

Q. And did Frank Desmond give you any paper? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Frank Desmond did not give me any paper the first time, and then John¬ 
son came and Jolm.son gave me one of those ])ai)ervs. 

Q. Was that George Johnson, the deputy United States marshal? 

]Mr. Hellenthal. ObjectcMl to as immaterial and not rebuttal. 

A. Yes, sir ; that is him. 

Q. He lived on Douglas Island at that time? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 


656 


WICKERSHAM YS. SULZEE, DECEASED, AND GRIGSBY. 


Q. What kind of a paper was it he aave yon? 

^Ir. IIellenthal. ()l)Jecte(l to as iinnuiterial and not rebuttal. 

A, It was a kind of narrow paper, hnt was long, ahont that long [indicating!. 

Q. ^^'as it a paper like this? [Counsel hands witness contestant’s Exhil)it A. 1 

Mr, IIellenthal. Objected to as iniinaterial and not rehnttal, 

A. Yes, sir; the paper was just like this. 

(C Did it have some marks on it in front of the names like that? 

Mr. IIellenthal. Objected to as immaterial and not rehnttal. 

A. Yes, sir. 

Q. Now, later on, did Frank Desmond give yon a paper?—A. Y'es, sir; a 
different paper from that, a wider sheet. 

Q. What did he tell yon that paper was? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal and incom¬ 
petent. 

A. The paper that P^'rank Desmond gave me he told me that this paper came - 
from the high judge; those that are willing to vote they are the ones that are 
going to have these papers, so he handed me that one and told me it came 
from the high judge. 

Q. And did he tell you that it gave you the right to vote? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal and incom¬ 
petent. 

A. Y'es, sir. 

Q. Now, when George .Johnson gave yon this paper, this contestant’s P]xhibit 
A, did he tell you who to vote for? 

Mr. Hellenthal. Objected to as immaterial, irrelevant, incompetent, and not 
rebuttal. 

A. Yes; he pointed out to me who I should vote for. 

Q. And who did he tell you to vote for? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Sulzer. 

(y Now, when you voted you went up to the polls where the judges were;, 
and did they give you anything? 

Ylr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I think they handed me a paper something like that one when I came in 
there, 

Q. Did it have any marks like these crosses in front of the names on it? 

Ylr. Hellenthal. Objected to as immaterial and not rebuttal and not the 
best evidence. 

A. Y'es. I didn’t pay much attention to that particular one I saw in the 
judge's place; I don’t know if there were any crosses on it or not- Some little 
time before this, in the month of .Tune, I saw a paper something like that for 
Sulzer. He mailed it to me through the post office. 

Q. Well, what did you do with the paper that the judges of election gave you 
when you went up to the polls where they voted? 

Mr. Hellenthal. 01)jected to as immaterial and not rebuttal. 

A. I did just what Mr. .Tackson had advised me to do; I done it just the way 
he told me to do with the paper. ^ 

Q. What was it he told you to do? 

Mr. Hellenthal. Objected to as immaterial, not rebuttal, and incompetent. 

A. He told me what the crosses on' the front of the name was for; he told me 
to put a cross on the front of the name that he pointed out to me; so I done it. 

Q. Well, whose name did he point out to you? [Hands-Exhibit A to witness.] 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Mr. Sulzer. 

Q. INIr. Fox, have you ever voted since that time last fall? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. • 

A. No, sir. 

Q. Do you know who is Delegate to Congress now? 

Ylr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No; I do not. 

Q. Do you know what the business of the Delegate to Congress is? 

Mr. Hellenthal, Objected to as immaterial and not rebuttal. 

A. I don’t like to tell you people anything that I don’t know the nature of; 

I don’t know the meaning of it; I don’t know a thing about what the Delegate 
has to do with Congress. 

]\Ir. Marshall. That is all. 

(Witness excused.) 


WICKERSHAINI VS. SULZER, DECREASED, AND GRIGSBY. 


65T 

(Now, at this time the further taking; testimony was continued until 2 
o’clock p. m. of this day.) 

(Now. at 2 o’clock p. m. of this 24th day of October, 1919, .John R. Marshall, 
api)earinjr for contestant, and ,T. A. llellenthal, appearing for contestee, the 
following testimony was taken pursuant to a<ljournment:) 

DEPOSITION OF MRS. TILLIE MARTIN. 

Mrs. TILLIK IMAKTIN, a witness ])roduced hy contestant on rebuttal, was 
duly sworn hy the notary to tell the truth, the whole truth, and nothing hut the 
truth, and testified as follows; 

Ry Mr. ^Marshall : 

(}. Your name is INIrs. Tillie Martin?—A. Yes, sir. 

Q. And you live down in the native village here, what is known as Auk 
Village, ]Mrs. Martin?—A. Yes. sir. 

Q. How long have you lived there?—A. Four years. 

(). How old are you?—A. Twenty-five years old. 

Q. You ai’e a native resident of Alaska?—A. Yes, sir. 

Q. Did yon ever at any time l)efore the election held last year on November 
.5 v<de at any electicm? 

Mr. Hellenthal. Objected to as immaterial, irrelevant, and not rebuttal.. 

A. No, sir. 

(}. At that election, held about a year ago, did anybody talk to yoti about 
voting? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Seward Kunz came into my house for me to go to the election to vote for 
Mr. Sulzer. 

Q. What did he say to you about voting for Mr. Sulzer? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. He said to go and vote; that is all. He came in for me to go and vote. 

Q. He just came in for you to go and vote?—A. Yes, sir; he told me to go 
vote for Mr. Sulzer. 

Q. Now, what way did he take you to the polls? 

Mr, Hellenthal. Objected to as immaterial and not rebuttal. 

A. From my house, you mean? 

Q, Yes.—A. He took me down right in front of his house. “There is an 
automobile waiting for you,” he .said, “ You come right down in front of my 
house; there is an automobile waiting for you there,” he said. 

(}. So you got in that and went to the polls? 

Mr. Hellenthal. Objected to as irrelevant, immaterial, and not rebuttal. 

A. Yes, sir. 

(i. Did he give you any paper at that time? 

Mr. Heelenthal. Objected to as immaterial, 

A, No; he didn’t give me any paper; he just told me to come to the election' 
and vote. 

Q. When you went in there, how did you know who you were voting for? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. He told me to vote for Sulzer, and that is all I know about this man, 
and then I voted for Mr. Rritt. 

Q. How did you know who you were voting for, though, and what way did 
you vote? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

Q. Did he tell you anything a’hout how to mark your ballot? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

Q. What did he say about that?—A. He said, “Put a little mark, a cross, 
on your vote in front of the name of the man you are iroing to vote for.’^ 

Q. Did he give you any .sample ballot like this? [Hands contestant’s Exhibit 
A to witness.] 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No; he didn’t give me anything like that. He gave one to my husband ; 
that is all, I think. 

Q. Did you and your husband go to the polls together?—A. No. My husband 
he went first, and then he came in for me. I wasn’t going to vote until he came 

42 


151279—2a 



658 


WJCnvERSHAM VS. SULZER^ DEC'EASED, AND GRIGSBY. 


ill for me. He told my Inisband to j;o first. He said, “ This paper will take 
you into election,” he said to my luishand. 

Q. Well, you were jihle to read the names on the ticket, weren’t you?—A. 
Yes, sir. 

(y And you could tell which one was Sulzer to put the cross in front of? 
[Witness looks at paper and points to name of “ Sulzer.”] 

(J. Do you know what the Delegate to Congress—what his business is, what 
lie does? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No, sir. I was just told to go and vote; that is all I know about it. 
I went and voted, Init I don’t know aiijTliing about that. 

Q. And you have never voted since? 

Air. Hellenthal. Objected to as immaterial. 

A. No, sir. 

Air. AIakshall. That is all. 

Cross-examination by Air. Hellenthal. 

Q. You know the Delegate to Congress is a man who goes from here to 
AVashington, don’t you; you know that, don't you, that he goes to the Capi¬ 
tol?—A. Yes, sir; I heard about that. 

Q. You don’t know just what he does there except he represents the people 
of Alaska, isn’t that true? You know that, don’t you?—A. Yes, sir. 

Air. Hellenthal. That is all. 

By Air. AIakshall : 

Q. AVhat does he do when he goes to Washington?—A. I can not explain 
that; I don’t know, because I haven’t read about that, so please excuse me. 

Air. AIakshall. That is all. 

(AYitness excused.) 

DEPOSITION OF BILLIE MAKTIN. 

BILLIE AIAIITIN, a witness produced for and on behalf of contestant in re¬ 
buttal, being duly sworn by the notary, testified as follows: 

By Air. AIakshall: 

Q. Your name is Billie Alartin?—A. Yes, sir. 

Q. How long have you lived in Juneau?—A. I was born in Juneau. 

Q. You live over here in Auk Village?—A. Yes. sir. 

Q. Did you ever vote at any election prior to the election on November 5, 
about a year ago? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

(.y I mean before that time, did you ever vote?—A. No, sir. 

([. That is the only time that you ever voted? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Ye", sir. 

Q. How did you come to vote at that time? \ 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Seward came to my house for me to go up to the city hall. 

(). Seward Kunz came to your house and asked you to go up to the city 
hall’?—A. Yes, sir. 

Q. Did he say anything to you about who you should vote for? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. He told me to vote for Sulzer. 

Q. Did he give you any paper of any kind? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I lost the paper. 

Q. Wax it on a big sheet of paper like this? [Hands witness contestant’s 
Exhibit A.] 

‘ Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. A’es, sir. 

Q. Do you know what was written on it?—A. No, sir. 

Q. Did Seward tell you what it was for? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. He just told me to go up to the city hall with that paper and give it to 
the fellow up there. 

Q. And you went up there and voted? 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 659 


Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

Q. He told you how to mark the paper you voted with? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No; my brother did. 

Q. Did they give you a paper like that? [Hands witness contestant’s Ex- 
liibit A.] 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

(>. And how did you mark it? 

Mr. Hei.lenthal. Objected to as immaterial and not rebuttal. 

A. I just put cross marks on that. 

(j. In front of whose names did you put the marks? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A, .Just marked in two places, for Sulzer and Britt. 

Well, where are their names on there? 

Mr. Hellenthal. ()l)jected to as immaterial and not rebuttal. 

Q. Can’t you read tliem?—A. No, ^ir. 

Q. You can not read them?—A. No, sir. 

Q. He just showed you which ones to make a cross in front of? 

]Mr. Hei-lenthal, Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

Q. Do you know who is the Delegate from Alaska to Congress now? 
iMr. Hellenthal. Objected to as immaterial and not rel)uttal. 

A. No, sir. 

Q. Do you know what the Delegate does—what his business is? 

Mr. Hellenthal. Objected to as immaterial. 

A. No, sir. 

;Mr. Marshall. That is all. 

(Witness excused.) 

Now at this time the further taking of testimony was continued until 8.30 
p. m. of this day. 

Now, at 8.30 p. m. of this 24th day of October, 1919, .Tohn B. INIarshall appear¬ 
ing for contestant and .1. A. Hellenthal appearing for contestee, the following 
testimony was taken pursuant to adjournment: 

DEPOSITION OF DANIEL JOSEPH. 

DANIEL .JOSEPH, a witness produced for and on behalf of the contestant in 
rebuttal, being duly sworn by the notary to tell the truth, the whole truth, and 
nothing but the truth, testitied as follows: 

Direct examination by Mr. Marshall: 

Q. Your name is Daniel .Joseph?—A. Yes, sir. 

Q. You live in Douglas, do you?—A. Yes, sir. 

Q. In the native town there on the beach?—A. Yes, sir. 

Q. How old are you, Mr. .Toseph?—A. Forty-six. 

Q. You are a native-boiTi Alaskan?—A. Y"es, sir. 

Q. Did you ever at any time before the election held about a year ago—did 
:you ever at any time before that vote at an election? 

Mr, Hellenthal. Objected to as immaterial and not rebuttal. 

A. No, sir. 

Q. Did anybody talk to you about voting at that election? 

]Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No, sir. 

Q, Did no one come and talk to you about going to the polls to vote on that 
day?—A. No, sir. 

Q. Didn't you tell me that you had some conversation with George Johnson, 
the deputy marshal, and with Frank Desmond?—A. Y"es, sir. 

Q. Well, what was that? 

Mr, Hellenthal. Objected to as immaterial and not rebuttal. 

A. I was just cutting wood outside my cabin over there and the United States 
marshal came over to me. 

Q. That was George .lohn.son?—A. Yes, sir; and he called to me; he said, 
Mr. .Joseph, you have got to go to that big hall at election to vote.” I asked 
him, “ I don't know anything about that,” and afterwards he said, “ Do you 
know anybody around liere at Douglas?” and I said, “Y>s; I know lots of 


G60 


WICKERSHAM VS. SULZER^ DECREASED, AND GRIGSBY. 


l)oys 111 Douglas,’’ and I lold liiiii, “T never vote l)efore,” and lie gave me a 
jiaper about tliat long | indicating!, with all the delegates’ names On it, be¬ 
cause I asked him, “I don’t know anything about that: I never vote before 
and I am not a citizen to do this kind of job,” and he said, “ Hut all the natives' 
are going to have a vote this year,” and he sliowed me; he said, “Here is 
Sulzer and here is ickersham ; anyone you like, anyone here, anyone you like 

Jou can vote for and you just come with me to find some other hoys in 

Douglas.” And he said, “Do you know anybody around here that is as good 
as ^vhite men, that could speak Englisir.'” and I said, “All right, I will show 
.\ou, and then I went with liini and we went into .Jimmie Fox’s cabin and 

asked and afterwards asked Billy Brady and some of the hoys, and 

( barley illiams, and he came to my cabin and I went to ask them. 

Q. You asked who; who came to your cabin*?—A. I asked Billy Brady and 
C’harley Williams- 

Q. \ou asked them what?—A. He asked me who to get to go to the election 
and vote and I told him, “ lou wait and I go see them; I am going down town 
lirst and T will see at the house,” and I went down to the city hall in Douglas 
and I walked riglit in and the fellow he knew me; he was .iimmie Christoe’s 
brother, David f’hristoe, and he said, “ Ai-e you going to have a vote?’’ and 1 
said, “No; I want to find out about it. The marshal came into my house 
and he said he wanted all the natives to have a vote,’’ and another fellow he' 

. told me, “Are you a citizen?” I said, “No.” “You got your paper?” he said. 

I said “No; I got no citizenship paper.” “ AVell, you can not vote, thep,” 
lie said. I said, “ All right; that is what I want to tind out, because the 
marshal came after me to get all the native lioys to come here to get a vote.” 

I went hack home and he was in there yet and two hoys, and I told him 
about this ; that it don’t do any good for us to go down tliere because we got 
no citizenship papers to have a vote; that is what that man said here. “ All 
right,” he said, and then he went home and I went out again cutting wood, 
mid afterwards Frank Desmond he took a sheet of paper and he gave it to 
every Indian, every native hoy down town in Douglas. 

(^. Do you know what that sheet of paper was; what was on it?—A. No,, 
sir. “ You can get to vote now,” he said, and I took one and he gave them 
to all the native hoys in Douglas, they all had them. And afterwards Eddy 
Marshall he came to my house and he said, “Are you ready to go?” I said, 
“Yes;” I can not say no, and kept on talking. “Well, let’s go,” he said, and 
I put my coat on and took that paper, too, and went to that house. 

Q. Where they were holding the election?—A. Yes, sir. And I walked right 
in ,and the first time, before we walked in, I told him, “ Which one do you 
think you are going to have a vote for?” And Eddy Marshall said, “ No, I 
don’t know.” And then he told me hack, said, “ AVhich one you think you 
will have a vote for, which one is best?” “Well,” I told him, “I think I had 
rather have some vote for Sulzer and can you do that, too?” “ I think so, 
yes,” he said, and we walked right in, and the fellow he asked me, “ Have you 
got your paper?” the tirst time I walked right in. “ Yes,” I said. Then I 
.showed it to him. “ All right, sign your name.” That is all. And because 
we had that word, he sent the word to all- the natives, I marked it down for 
Sulzer. 

Q, Sulzer sent word to you he wanted you to vote for him?—A. No; he 
didn’t say it, hut he just talked about what is good for us, you know, and 
that is why. And afterwards then I marked it down for Sulzer and Eddie 
IMar.shall he marked it down for Sulzer also; that is all. 

Q. r)id they give you a paper like this? [Hands witness contestant’s Exhibit 
A.]—A. Yes, sir. 

Q. And it had marks in front of the names like this?—A. I'es, sir. 

Q. Who gave it to you?—A. The marshal. 

Mr. Hellenthal. We object to all these questions as being immaterial and 
not rebuttal. 

Q. Did he ask you to mark yours the same way? 

IMr. Hellenthal. Objected to as being immaterial and not rebuttal. 

A. No; but he told me, “ There is Sulzer, and there is AYickersham, and 
which one you like you can vote for.” 

Q. And you voted for Sulzer?—A. Y"es, I voted for Sulzer. 

Mr. Hellenthal. I object to the question as being immaterial, irrelevant, 
and not rebuttal. 

Q. This big paper Frank Desmond gave you, what did Frank tell you that 
was? 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 661 


INIr. Hellenthal. I object to as inmiaterial and not rebuttal. 

A. He didn’t say nothin^!:, he just ^jave it to me, and the tirst thinj; when we 
■came back liome and Frank Desmond he came into my house I told him about 
them, about that, that I am not a citizen to have a vote; that is what they 
told me down there and that is why we came back. Then I get the paper. 
“ There is your i)aper,” he said. 

Q. Did he tell you that paper gave you the right to vote?—A. That gave me 
the right to vote; that is what he said. 

Q. Had yon ever voted before? 

Mr. Hellenthal. Objected to as immaterial, irrelevant, and not rebuttal. 

A. No, sir. 

Q. Do yon know what the business of the Delegate to Congress is? 

Mr. Hellenthal. Objected to as immaterial and not rebiiHal. 

A. No, sir. 

^Ir. ^Marshall. I think that is all. 

Cross-examination by ]Mr. Hellenthal; 

Q. Yon got a letter and some literature from Mr. Snlzer before election?— 
A. Yes, sir. 

Q. And in that he stated what was good for the native people of Alaska?— 
A. Yes, sir. 

Q. And yon thought ]Mr. Snlzer was doing something for the native people 
of Alaska?—A. Yes, sir. 

Q. And yon thought he was a good man?—A. No, no; he didn’t say that. 

Q. Well, yon thought that; yon thought that he was a good man?—A. Yes; 
that is what I thought. 

Q. And that is the reason yon voted for him?—A. That is the reason I voted 
for him. 

Q. l^on thought he might do the native people in Alaska some good at Wash¬ 
ington as Delegate; that he would be a good man for the natives?—A. Yes, sir. 

Q. Yon thought that?^—A. Yes, sir. 

Q. Yon thought that he would get laws that would help the natives; is that 
Avhat yon thought?—A. Yes, sir. 

Q. And that is why yon voted for him?—A. Yes, sir, 

Q. And that is what yon and the other native boys talked over between 
j^ourselves; yon talked about that with the other native boys?—A. No, no; 
just only with Eddy ^Marshall. 

Q. Yon and Eddy Marshall talked that over?—A. l"es, sir; I talked to him. 

Q. And yon both thought Snlzer would be a good man for the natives?—A. 
That is what I asked Eddy INIarshall the first thing when we got to the elec¬ 
tion, and I told him, I asked him first, “ Which one are yon going to have a 
vote for?” and he said, “I don’t know.” “T think Snlzer is good, I am going 
to have a vote for Snlzer,” I told him, and he told me, ‘T think I will do 
that, too,” he said. 

Q. He thought Snlzer would be a good man in Washington for the natives, 
too?—A. Yes, sir. 

0. He thought he would help the natives by getting good laws for them?—• 
A. Yes, sir. 

O. And that is what yon thought?—A. Yes, sir. 

Q. And so yon and Eddy Marshall both voted for Snlzer?—A. Yes, sir. 

Q. And yon knew that Snlzer was going to Washington to make taws 
A. Yes, sir. 

Q. Yon knew that, and yon thought that he was looking after the inrerests 
of the Alaska native people? Yon understand me, don’t yon?—A. No, no; I 
could not say that. 

Q. Yon thought he would do what was good for the Alaska native people; that 
he would help the Alaska natives?—A. No; T told you he sent word to me and 
word to all the natives. I was out fishing, and when I came back before 
election day I ^rot a letter from the post office with all the delegates’ pictures 
cn it, and Mr. Snlzer’s picture was on that, too, and I think there was about 
five sheets fall of work, but I could not understand it; I could not read it, 
but I had my little daughter read it for me, but she could not tell me what 
it was; she could not understand it to talk in that language, but that is the 
reason I think Snlzer is good for anything; that is why I had a vote for him. 

Q. Your little daughter explained it to you, is that what you mean?—A. 
No, no. 


662 AVICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Didn’t she read it to yon?—A. She read it, hut could not understand it. 

She could not understand it?—A. She could not explain it to me. 

Q. You could understand it Jill rijtht?—A. No, no; I don’t know what she 
said. She could read it, hut she can not explain it to me; it was very hard to- 
read it; those were haial words, you know, 

Q. There were hi^ words in it; the words in it were hard?—A. Yes, sirt 
she can not read it, hut I make up my mind; I think Sulzer is jjood for any¬ 
thing, that is the reason I had a vote for him because he .said about work,, 
that is what I thought. 

Q. That is what you thought when you and Pkldy ^Marshall talked it over?— 
A. Yes, sir. 

Q. And you l)oth thought Sulzer would l)e a good man to vote for?—A. 
Yes, sir. 

Mr, Hellenthal. That is all. 

Redirect examination by IMr. ^Marshall : 

And you thought that because he sent you his picture?—A, Yes, sir. 

Mr. Marshall. That is all. 

Recross-examination by Mr. Hellenthal; 

Q. You thought that because he sent you not only his ])icture but literature- 
about what he was doing at Washington; isn’t that it? He wrote you what he 
had done in AVashington ?—A. No ; no. 

Q. Didn’t he send you some printed matter saying what he had done at AA^ash- 
ington while he was Delegate?—A. Yes, sir. 

Q. And that is what led you to vote for him, wasn’t it?—A. Yes. sir. 

Re-redirect examination by Mr. AIarshall: 

Q. You said you didn’t understand wbat all this printed stuff was about, didn’t 
you? You didn’t know what this was all about—these'printed things he sent 
you?—A. No; I didn’t know anything about that; but that is what I thought 
when he sent this word to all the natives. .Timmie Fox had one, too, and when 
the marshal went to .Timmie Fox’s cabin, .Timmie T"'ox showed it to him, and' he 
•said, “ I got a lettei from Sulzer;” a)ul he showed it to the marshal; and I told 
him T got the same kind, too. 

Q. And because he .sfmt you a letter with his picture in it you thought he would 
be a pretty good man?—A. Yes, sir. 

Q. So you voted for bim?—A. Yes, sir. 

Mr. Marshall. That is all. 

(AAhtness excused.) 


deposition of (ilLBERT JACKSON, 

GHdlTlRT .TACKSON, a witness produced for and on behalf of contestant in- 
rebuttal, being duly sworn by the notary, testified as follows: 

Direct examination by IMr. IMarshall : 

Q. Now, Air, .Tackson. you live over in Douglas, don’t you?—A. Y"es, sir. ^ 

Q. And how long have you lived there?—A. Oh, I have been over there 24 years 
now, 

Q. You are a native Alaskan, aren’t you?—A. Yes, sir. 

Q. Did you ever vote before the election held about a year ago? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No; I never voted before. 

Q. How did you come to vote that time. Air. .Tackson? 

Air. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I was working over here at the Alaska-Juneau power plant, and I was com¬ 
ing over from this side here on the .company’s boat to Douglas, and Fraidc Bach 
was standing at the corner of Air. Alartin’s—Joe Alartin’s—store, and he handed 
me a ballot like that there, a ballot to vote. 

Q. One of these? [Hands witness Contestant’s Exhibit A.l—A. Yes, sir; one 
of those. So I took a hold of it and he passed them over to all the workingmen 
coming over on the company’s boat. Then I went home on that boat, and I took 
this to my house; and I didn’t know who to vote for; I never voted before; and 
I was cooking my meal- 

Q. You were cooking your meal, and then what happened?—A. I was cooking 
my meal, and then just shortly after I was cooking, someone rapped on the door^ 



WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 66S 


and I uj) to see who it was, and Frank Desmond came in with those papers.- 
“ \\ liat is this i)ai)er forV” I asked him. “ Well, this paper is printed over at 
the c(nirt; the district attorney sent them over to yon,” he said. So he gave 
me one of them and I read it, and it said on it I luive a right to vote and I 
am a citizen—if you wants to he a citizen yon have to leave all the old 
customs behind and some more, I forget. Then 1 keep it and he went out. 
Before he went out 1 asked Desmond what man 1 was going to vote for, and 
he said, “ you can vote for Sulzer.” And 1 asked him what time this election 
was going to come off, and he told me about 7 o’clock iit the Natatorium HalL 
” You he right there at 7 o'clock sharp,” he said, so before I went to the 
Natatorium Hall I went to the store to tind out. I said to Tom Hume, that 
old fellow who owns the store, I asked him, “Who shall I vote for?” and Tom 
Hume said to me, “ Well, I guess you had better vote for Sulzer, he is a good 
man,” he said. I didn’t know; I never voted l)efore, and 1 told him, “ Will 
you please just explain this to me?” “ Well, you go ahead and just vote for 
Sulzer,” he said ; so 1 went and took that paper that Frank gave me, and it 
was pretty near 7 o’clock, it was tive minutes of 7, and I started for that 
house and I got there just exactly at 7 o’clock at the Natatcuuum Hall and I 
handed the man that pai)er the tirst thing and he told me to sign my name on 
it; so I sigiUHl my name on it and then they gave me the ballot and I went Into 
a small room there. 

Q. You went in there and marked your ballot?—A. Yes, sir; I marked my 
ballot. 

Q. So Frank Desmond also told you to vote for Sulzer? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

Q. Do you know what the business of a Delegate is at Washington? 

Mr. Hkleenthal. 01)jected to as immaterial and not rebuttal. 

A. No, sir. 

]\Ir. Marshall. That is all. 

Cros.s-examination by ^Ir. Hellenthal: 

Q. You say Frank Desmond l)rought you this paper from the district at¬ 
torney’s office, was that it?—A. Y"es, sir. 

Q. And you read that over?—A. I'es, sir. 

Q. You read the pai^er over?—A. l^es, sir. 

(2. And you noticed that it said that if you had given up all your old customs- 
and were living the life of a civilized man, living a civilizetl life, you coulcl 
vote?—A. Y’^es, sir, 

Q. That is what it said, was it?—A. Yes, sir. 

(}. And you had given up your old customs and was living a civilized life,, 
so you went and voted, isn’t that it?—A. Y"es, sir. 

Q. Now, you heard the hoys talk about Fharlie Sulzer and you knew who he 
was; you knew who Mr. Sulzer was, didn’t you?—A. I saw Ids picture, but I 
never saw him. 

Q. But you had heard people talk about him?—A. Yes, sir. 

Q. And you thought he was a good man to vote for?—A. Yes, sir. 

(]. And you knew that Mr. Sulzer was running for I >elegate to Congress; yoit 
knew that, didn’t you?—A. Yes, sir. 

And that the Delegate to Congress is the man that goes to Washington to 
help make the laws for Alaska?—A. Yes, sir, 

Q. You knew that, didn’t you?—A. Yes; I knew it. 

Q. And you thought he was a man who would make good laws, would help- 
make good laws?—A. Y"es, sir. 

Q. And that is why you went and voted for him?—A. I'es, sir. 

Q. And the other people you talked to thought the same way about it?—A. 
They thought the same; yes, sir. 

Q." They thought the same way?—A. Yes, sir. 

Mr. Hellenthal. That is all. 

Redirect examination by ^Ir. Marshall : 

Q. And Frank Desmond told all these people to vote?—A. Yes, sir. 

(j. And he passed all those papers around that were sent over to Douglas?— 

A Ypg ^ir 

:Mr. Marshall. That is all. 


664 WK.’KERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


By Mr. Hellenthal: 

Q. Is Frank Desmond a native boy?—A. Yes, sir. 

Q. An Alaskan native?—A. Yes, sir; lie was born at Wrangell. 

Mr. Hellenthae. That is all. 

(Witness excused.) 

DEPOSITION OF CHARLES GRAY. 

CHARLES GRAY, a witness produced for and on behalf of contestant in re- 
Ijuttal, being duly sworn by the notary, testified as follows: 

Direct examination liy Mr. Marshall: 

(L Mr. Gray, you live here in .Tuneau, don't you?—A. Yes, sir. 

Q. You are an Alaskan native?—A. Yes, sir. 

(F Did you ever vote until this election held about a year ago? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No, sir. 

Q. l^ou went up to the polls to vote on the morning of election day, didn’t 
^’OU? 

i\Ir. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir. 

Q. Who went with you?. 

IMr. Hellenthal. Objected to as immaterial. 

A. The first time I came up from the mine—I was working here at the Alaska- 
.Juno, inside of the mine—and as soon as we came home Seward Kunz was over 
there, and be says, “Well, you go up to the city ball,” be said, “at 7 o’clock 
:sban) ” ; and I said “ What are we going to do there,” and 1 was laughing. 

Well, we are going to have a vote over there at election. You can vote for 
■.Sulzer,’ he said. “ Well, tell me about it; what are we going to vote for Sulzer 
for?” “ Well, he is the man that is good for us,” be said. “ .Sulzer is good for 
-our people,” be said. Well, I never went up there; I stayed at home; I washed 
my face and waited on the tnble, and my wife was cooking my meal; and the 
.second time—it was half-past 7—be came back again, and was after me to go 
•up. I told him I didn’t know anything about it because I have got no power to 
•do that; I am not a citizen. “ Well, you are just as good as a citizen if you are 
Rorn in Alaska,” be said. “ Well, 1 will go up and try,” I said, and I went up 
to the city ball. As soon as I got in there, well, a fellow was sitting at a table, 
Lind asked me, “Have you got your paper?” I said “No; I got no citizen 
paper.” “ Well, you got nothing to do with voting,” be said, and I went out and 
I went home again. I didn’t mean to go back again, but be came after me 
again and I go back; I go on back to the city ball and I meet—let me see; what 
is the name of that fellow? Tliat fellow is the bead man of the school- 

Q. You mean Mr. Hawkeswortli ?—A. JMr. Hawkeswortb ; yes. I met him 
right outside of the door, and he said “Are you ready to vote?” “No,” I said. 
“Why?” he said. I .said, “Well, I was in here once, and I don’t want to go in 
there the second time.” I said, “ I have got no citizenship papers.” Well, a 
lady told me to go in, and be went in with me. He talked to that fellow at the 
table, and that fellow was against it again. I didn’t say nothing. I just .stafid 
4)y the door and watching, and then I went out again. Seward Kunz went up 
1o the courthouse and got that paper. I had one, but I left it in my hou.se. 
Then he gave me one, and I went in again and I showed it to that feliow. Of 
eourse, I didn’t know anything about it—how they waint me to vote it. MVll, 
that’s all. I voted and I went out. I voted for Sulzer. 

IMr. Marshall. That is all. 

Cross-examination by Mr. Hellenthal: 

Q. You said you were not a citizen. By that you mean you had not taken 
cout your citizenship papers at the courthouse?—A. Yes, sir. 

Q. You had never gotten any of those papers?—A. No, sir. 

Q. But you were horn in Alaska?—A. Yes, sir. 

Q. And you were working in the mine?—A. Yes, sir. 

Q.'And had adopted all the habits of civilized life, hadn’t you?—A. Yes, sir. 

Q. And you had abandoned all your tribal relations, your old customs? You 
aiad done away with all your old customs?—A. Yes, sir. 

Q. And Seward Kunz told you if you did all that you were a citizen didn’t 
lie?—A. Yes, sir. 



WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 665 


Q. And that is why you went to vote?—A. I went to vote; yes, sir. 

1^. And you thouitht Sulzer was a jtood man to send to Washinuton ?—A. 
AVell, I told you, I don’t know if he was jjood, or the other fellow was jfood ; 
hut that fellow told me to vote for Sulzer, and I thought that is why I will 
do that; I don’t know whether he was good or not. 

Who told you that?—A. Seward Kunz. 

(h You thought Seward knew Mr. Sulzer?—A. That is what T thought. 

Q. And that Seward knew that he was a good man?—A. Yes, sir; I didn’t 
know myself. 

Q. And you took his word for it?—A. I didn’t know him myself; I didn’t 
know Sulzer myself. Of course, Seward told me to do that; that'is why I voted 
for Sulzer. 

Q. You did it because you thought Seward knew he was a good man?—A. 
Yes; I did it because I thought he knew he was a go.od man. 

(J. And Seward Kunz is a good, honest man?—A. Yes, rdr. 

And you took his word for it?—A. Yes ,sir. 

Mr. Hellenthal. That is all. 

Redirect examination by Mr. Makshale; 

ii. Did. you read this paper that Seward brought down to vou?—A. No; I 
never read it. 

(,). And you didn’t know what it was?—A. No, sir. 

(N You wouldn't have voted at all if Seward hadn’t come after you? 

]Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. No, sir. 

(N Did you know anything about Mr. Sulzer yourself? 

Mr. Hellenthal. (Objected to as immaterial and not rebuttal. 

A. No, sir, 

Mr. Marshal. That is all. 

(Witness excused.) 


DEPOSITION OF GEORGE EDDY MARTIN. 

GEORGE EDDY MARTIN, a witness produced for and on behalf of con¬ 
testant in rebuttal, being duly sworn by the notary, testihed as follows: 

Direct examination liy iMr. Marshall: 

Q. George, you live down in Auk Adllage. don't you*/—A. Yes, sir. 

Q, How old are you?—A. I will be 29 on .lanuary 15. 

Q. I>i<l you ever vote before the election held last year, about this time a 
year ago? 

Mr, Hellenthal. Objected to as immaterial and not rebuttal. 

A, No, sir. 

D. How did you happen to come to vote? 

^Ir. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Well, Seward Kunz made me come down there and vote. 

Q. And did he tell you who to vote for? 

Mr. Hellenthal. Objecte<l to as immaterial and not rebuttal. 

A, Yes, sir, 

<}. And who did you vote for? 

]\Ir. Hellenthal. Objecte<l to as immaterial and not rebuttal. 

A. Sulzer. 

And he told you to do that? 

]\Ir. Hellenthal. 01)jecte<l to as immaterial and not rebuttal, 

A, Yes, sir. 

]Mr. Marshall. That is all. 

Cross-examination by Mr. Hellenthal : 
i}. You knew Mr. Sulzer, didn’t you?—A. No, sir. 

Q. You knew who be was?—A, I didn’t know where he stays. 

Q. Seward Kunz, you say, asked you to vote?—A. Y'es, sir. 

■Q, You have given up all your old customs, haven’t you, Eddy?—A. Yes, sir. 
Q. And you are living like a white man?—A, Yes, sir. 

Q. And you voted like a white man?—A. I'es, sir. 

Mr. Hellenthal. That is all. 

- {Witness excused.) 


666 WICKERSHAM VS. SULZER, DECEASED, AXD GRIGSBY. 


DEPOSITION OF WALLIS GEOKGE. 

WALLIS (lEOUGE, a witness produced for and on behalf of contestant in 
rebuttal, lieing duly sworn by the notary, testified as follows: 

Direct examination by ^Nlr. Marshall : 

Q. Mr. Georj>e, you have lived in Juneau quite a number of years, haven’t 
you?—A. I have; yes, sir, 

(y And durinji' that time you have on a jiood many occasions l)een an election 
oflicer, have you not?—A, Yes, sir, 

Q. Both in the city and the Delejiate elections?—A. Yes, sir. 

(y And you were such an offi(*er on November 5, 1918?—A. I was, 

(y What were you doinj;; at that time?—A. I was clerk, one of the clerks. 

(y One of the clerks of election?—A. Yes, sir. 

Q. At Juneau precinct No. 1?—A. That is tJie one down at the fire hall, 
that is the one, isn’t it? 

Q. Yes.—A. Yes, sir. 

Cy Do you recall on that day some of the l ative people coming in there 
to vote? 

Mr. Hellenthal. Obiected to as immaterial and not rebuttjil. 

A. I do. 

(y What occurred when they fii'st came in? 

IMr. Hellenthal. Same objection. 

A. Why, shortly after the polls were otten there were some Indians came 
in and the judges refused to allow them to vote. 

Q. And following that was there any further talk about the question of 
their voting by any one? 

IMr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Yes. sir. Shortly after that Mrs. Troy came in and told the judges 
that they were doing the wi-ong thing, that they had a right to vote, while the 
judges’ reply was that they didn’t .see where they did have a right to vote, 
inasmuch as they were not citizens and they would have to have some order 
from the court or from some one before they would let them vote. Shortly 
after that Judge Jennings came in and they took up the question with him 
and he told the judges that they had a right to vote in cases where they had 
.severed their tribal relations. Shortly after that the judges received a paper. 
I didn’t read it myself, but I heard them talking about it. It came from the 
District Attorney’s office, I believe, instructing them to allow natives to vote 
where they had .severed their tribal relations. 

(y Tins IMrs. Troy you speak of is the wife of John W. Troy, the editor 
of the Empire, and who is now also the collector of customs here? 

Mr. Hellenthal. Objected to as immaterial. 

A, Yes, sir. 

Q, And Judge Jennings is the judge of the District Court for the Territory 
of Alaska, Division No. 1? 

Mr. Hellenthal. Objected to as immaterial. 

A. Yes, sir. 

cy Sub.sequently some of these came in with these papers and voted? 

IMr. Heixenthal. Objected to as immaterial and not rebuttal. 

A. Yes, sir, 

Q. Did you observe the manner of their voting at that time and what 
they did? 

Mr. Hellenthal. Same objection. 

A. Yes, sir. There were lots of them came in who didn’t know how to vote. 
In fact, some of the judges went over and where they could not read or write 
they went in the booth with tliem and helped them vote, I preseume. 

(y And it was apparent they had no experience in elections and had never 
voter before? 

Mr. Hellenthal. Same objection, 

A. Yes, sir. 

(y Had you ever in your previous experience as an election officer seen 
natives vote? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. Now, I don’t recall. Mr. Marshall, whether i have or not.. 

(y Did you see them vote generally in any considerable numbers?—* 
A. No, sir. 


WTCKERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 667 


Q. There may have been one or two voted who liad estaldished their citizen¬ 
ship?—A. Yes, sir; Seward Kiiiiz voted every election, I rememher him. 

Mr. Marshall. I believe that is all. 

Cross-examination by Mr. Hellenthal ; 

Q. Seward Knnz has been voting for a good many years, hasn’t he?—A. I'es,* 
sir; he votes at all the elections. 

Q. And some of the other Indians vote, too, don’t they?—A. I won’t say that 
the.v don’t. I think some Indians have been voting, hiit I never saw them in 
such big numbers as at the last election. 

Q. You, as election judge, allowed oidy those to vote who had given their 
alhdavits that they had severed their tribal relations and had adopted the 
habits of civilized life?—A. Y"es, sir. 

Q. That is the rule you followed?—A. Yes, sir. 

Q. And the reason you allow(‘d these Indians on that day to vote was be¬ 
cause you were satisfied that they had severed their tribal relations and had 
adoided the habits of civilized life?—A. Well, I presume the judges were; of 
course I didn’t have anything to say as to who should vote and who shouldn’t. 

Q. Oh, you were the clerk?—A. Yes, sir; I was just one of the clerks. 

Q. And where the natives were not familiar with the system of voting, the 
judges did just what they did with white men who were not familiar with 
the system of voting, they explained it to them, isn’t that right?—A. Y^es, sir. 

Q. And they did the same thing with the white men under the same circum¬ 
stances?—A. Y>s, sir; where a white man could not read or write he had that 
right, too. 

Mr. Hellenthal. That is all. 

Redirect examination by Mr. ^Marshall: 

(}. As a matter of fact the only affidavits presented to them that these voters 
had severed their tribal relations and had adopted the habits of civilized life 
were their own?—A. Y"es, sir; that was the only thing they had to go by, 

(i. And those affidavits had been prepared and sent down to them by the 
United States attorney? 

Mr. Hellenthal. Objected to as immaterial and not rebuttal. 

A. I presume so. I do not know for sure. 

, Q. Rut you understood so at that time?—A. Y"es, sir. 

Mr. Marshall. That is all. 

Recross-examination by IMr. Hellenthal: 

Q. The judges may have known a good many of those natives, might they 
not, and had personal knowledge of it?—A. They may have known some of 
them and then again I heard the judges .say that they had never seen a whole 
lot of them before. That is why they held up that vote in the morning when 
some of them came in. 

Q. And they wanted outside evidence that they had severed their tribal rela¬ 
tions?—A. Y"es, sir. 

Q. And they got that evidence and let them vote?—A. Y"'es, sir. 

Mr. Hellenthal. That is all. 

By Mr. Marshall: 

Q. All the outside evidence they got was their own, wasn’t it?—A. Y'es, sir; 
their own affidavits; yes, sir. 

Mr. Marshall. That is all. 

(Witness excused.) 


668 WIC^KERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


Contestant’s Exhibit A. 

DEMOCRATIC SAMPLE BAl.LOT, FIRST JUDICIAL DIVISION. 

]Mark “ X ” in the sciiiuivs at the left of tlie name of the candidate for whom 
you desire to vote. If names of candidates for whom you desire to vote do not 
appear on the ballot, insert with pencil in blank spaces. 


For Delegate to Congress—Vote for 1. 

D e s i g n a tion of 
party by which 
nominated. 


Connolly, Franci.s. 

Socialist. 


X 

Sulzer, Charles A. 

Democratic. 


Wickersham, James. 

Republican. 




For Territorial senator—Vote for 1. 


X 

Britt, William. 

Democratic. 


Johansen, Crist. 

Socialist. 


Russell, Ed. C. 






For Territorial representative—Vote for 4. 


X 

X 

Casey, W. W. 

Democratic. 

Connors, James J. 

Democratic. 


Davies, John H. 

Republican. 


Hofstad, I. M. 

Socialist. 

McCormack, Peter C. 

Republican. 

X 

X 

Shepard, H. R. 


Sowerhy, Isaac. 

Democratic. 

White, E. J. 

Democratic. 



Winn, Grover C. 














For road commissioner, first judicial division 
of the Territory of Alaska—Vote for 1. 



Arness, Olaf. 

Socialist. 

X 

Wiley, Perry J. 

Democratic. 


Wilson, Jack. 






1 


Note.—T he names on this sample hallot having an “X” in front are the Democratic candidates, all 
of whom stand for the government of Alaska hy Alaskans. Take this sample hallot to the polling place 
and when you receive your official ballot mark an “X” on it where this sample is marked. ^ 

United States of Amf:rica, 

Tet'iitorj/ of Alash-a, Divi.Hion No. /, ss: 

I, D. B. C’hace, a notary public in and for the Territory of Alaska, do 
hereby certify that the witness Charlie F’eters in the foretjoinji: deposition, 
Avas hy me duly sworn to tell the trutli. the whole truth, and nothin.s; hut the 
truth; that said deposition was then taken down hy me in shorthand at the 
time and iilace mentioned in the annexed stipulation, to wit, at the office of 
the attorney jreneral for the Territory of Al.-iska, in Juneau, Alaska, on the 
21st day of (lctol)er, 1910, at the hour of 4 o’clock ]>. m,; that said deposition 
was thereafter reduced hy me to typewritinii and when completed was care¬ 
fully read over to said witness and hy him subscribed in my presence. 

That the witnesses .lohn Willis, Jimmie Fox, ]Mrs. Tillie Martin, Billie Martin, 
Daniel .Joseph, Gilbert Jackson, Charles Gray, Georpje Eddy Martin, and 
Wallis Georjje, were hy me duly sworn to tell the truth, the whole truth, and 
nothinf? but the truth; that said depositions were then taken down by me 
in shorthand at the time and place mentioned in the annexed notice, to wit, 
at the office of the attorney general for the Territory of Alaska, in Juneau, 
Alaska, between the hours of 10 o’clock a. m. and 10.30 p. m. of the 24th day 
of October, 1910; that said depositions were thereafter reduced by me to type- 

































































































WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 669 


Avritiiij?; that the of said dei)()siti()iis hy said witnesses was waived by 

counsel for contestant and contestee lierein; that pages 1 to 4G, inclusive, is a 
time and correct transcript of their testimony. 

In witness whereof I have hereunto set iny hand and altixed my notarial seal 
this the 27th day of Octolier, 1919. 

[seal. D, B, Chace, 

Notary Public for the Territory of Alaska. 

My commission expires JNlay 12, 1921. 

STIPULATION. 

It is hereby stipulated between .John B. Marshall, attorney for contestant, 
and .1. A. Hellenthal, attorney for contestee, that the deposition of K. W. De- 
Armond, of Sitka, Alaska, a witness on behalf of the contestant, may be taken 
before II. A. Bauer, a notary public for Alaska, residing at Sitka, Alaska, upon 
the annexed interrogatories, at any time aftei- the date hereof and before the 
date on which the time for taking testimony on behalf of rebuttal shall have 
expireil—that is to say, the testimony may be taken on any day allowed the 
contestant to take testimony in rebuttal. 

It is further stipulated that the interrogatories shall be subject to the ob¬ 
jections stated following each interrogatory, and the testimony elicited shall 
be elicited subject to such objections so stated. And further, that any other 
objections going to the relevancy, imiteriality, or compentenc*y may be made 
at the time that the deposition is heard in evidence, objections to the form 
of the cjuestions only being waived. 

Dated at .luiieau, Alaska, October 21, 1919. 

J. A. Hellenthal, 

Attorney for Contestee. 

John B. Marshall, 

Attorney for Contestant. 

Interrogatories to be propounded to K. W. De Armond, a witness on behalf 
of contestant: 

First. Itease state your name and residence. 

Second. How long have you resided at Sitka, Alaska, and what official posi¬ 
tion do you occupy? 

Third. Please state whether or not as such United States Commissioner and 
ex officio probate judge you have heretofore at any time issued an order creat¬ 
ing the town of Sitka, Alaska, a municipal incorporation or city of the second 
class, under and by virtue of chapter 47 of the session laws of the Territory of 
Alaska for the year 1913,'and, if so, please attach hereto a certified copy of said 
order, and cause the same to be marked “Contestant’s Exhibit No. 1.” 

Objection is made to interrogatory No. 3 on the ground— 

1. That the testimony sought to be elicited is not rebuttal; 

2. That it is immaterial and irrelevant; and 

3. That any testimony relating to the order referred to is the best evidence 
unless the order itself is attached. 

Fourth. Please state whether or not, as such United States commissioner, 
you did, at any time prior to the general election held on November 5, 1918, issue 
an order creating and defining the boundaries of the Sitka voting precinct, 
and ordering an election to be held therein, and giving notice of said election 
on said .5th day of November, 1918, and, if so, please attach hereto a certified 
copy of said order and notice, eliminating therefrom the description and 
l)Oundaries of all voting j)recincts except the said Sitka voting precincts 

Objection is made to the fourth interrogatory on the ground— 

1. Tdiat the testimony sought to be elicited is not rebuttal; 

2. That it is immaterial and irrelevant; 

3. That it is not the best evidence, the original order and notice referred 
to being the best evidence. 

Fifth. Please state whether or not you issued an order appointing judges 
and clerks of election for the purpose and charged with the duty of conducting 
the election at the said Sitka voting precinct on the said 5th day of November, 
1918, and, if so, please attach hereto a certified copy of said order and cause 
the same to be marked “ Contestant’s Exhibit No. 2.” 

Objection is made to the fifth interrogatory on the ground— 

1. That the testimony sought to be elicited is not rebuttal; 

2. That it is immaterial and irrelevant; 


670 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


8. That the statement of the witness as to whether or not he issued the order 
referred to is not the best evidence, the order itself heinij the best evidence. 

Sixth. Please state whether or not the judges and clerks of election so ai)- 
pointd by yon, or the successor or successors of said jud??es and clerks, chosen 
in conformity with the law, did, in fact, conduct and sui)ervise the general 
<?lection held in the said Sitka voting precinct on November f), 1918. 

Objection is made to the sixth interrogatory on the ground that the testi¬ 
mony sought to he elicited is not rebuttal, that it is irrelevant and immaterial, 
that it is not the best evidence, and that the witness has no been shown to 
I)ossess any personal knowledge concerning the matters referred to in the in¬ 
terrogatory in that the testimony sought to be obtained is hearsay. 

Seventh. Please procure from the clerk of the city or town of Sitka, Alaska, 
a statement giving the names of the trustees of said town who wei’e holding 
ofiices as such trustees on the said oth day of November, 1918, and setting 
forth the date or dates when each of said trustees had last prior to said 5th 
day of November, 1918, been elected as such trustees, and have the said clerk 
of said Sitka, Alaska, certify that said statement is correct, under his oRicial 
seal, and attach the same hereto and cause the same to be yiarked “ (Contestant's 
Exhibit No, 8.” 

Objection is made to the seventh interrogatory on the ground that the evi¬ 
dence sought to be produced is not rebuttal, is immaterial and irrelevant, and is 
not the best evidence. 

DEPOSITION OF E. W. DE AKMOND. 

K. W. I)E AKIMONI), a witness on behalf of the contestant, having been 
first duly sworn, on oath made answer to the foregoing interrogatories, as 
follows, to wit: 

1. Answering the first interrogatory, the witness says: Robert W. De Ar- 
mond, residence. Sitka, Alaska. 

2. Answering the second interrogatory, the witness says: I have resided at 
Sitka, Alaska, 17 years. I occupy the office of United States commissioner, 
ex officio ])robate judge. 

8. Answering the third interrogatory, the witness says; I have issued such 
an order creating the town of Sitka, Alaska, a municipal incoriioration, or city 
of the second class, under and by virtue of chapter 47 of the Session I^aws of 
the Territory of Alaska for the year 1918. A certified copy of said order and 
cause, marked “ Contestant’s Exhibit No. 1,” is hereto attached. 

4. Answering the fourth interrogatory, the witness says; I did as sucli 
United States commissioner, prior to the general election held on November 5, 
1918, issue an order creating and defining the boundaries of the Sitka voting 
l)recinct. and ordered an election on the 5th day of November, 1918. A certi¬ 
fied copy of said order and notice, eliminating therefrom the description and 
boundaries of all voting precincts except the said Sitka voting precinct is 
hereto attached, marked “ Contestant’s Exhibit No. 4.” 

5. Answering the fifth interrogatory, the witness says; I did issue an order 
appointing judges and clerks of election for the pur])Ose and charged ^^itll 
the duty of conducting the election at the said Sitka voting precinct on the 
5th day of November, 1918. A certified copy of said order and cause is annexed 
hereto and marked “ Contestant’s Exhibit No. 2.” 

G. Answering the sixth interrogatory, the witness sa.vs; I appointed such 
judges and clerks, chosen in conformity with the law, and they did conduct and 
supervise the general election held in the said Sitka voting precinct on No¬ 
vember 5, 1918. 

7. Answering the seventh interrogatory, the witness says; 1 have procured 
from the clerk of the town of Sitka a statement giving the names of the 
trustees on the said 5th day of November. 1918, setting forth the dates when 
each of said trustees had last prior to the 5th day of November, 1918, been 
elected as such trustees, and the said clerk of Sitka, Alaska, has certified 
that such statement is correct, under his official seal. Same is attached 
hereto, marked “ Contestant’s Exhibit No. 8.” 

R. W. De Armond. 

United States of America, 

Tevrltori/ of Alaska, ss: 

The undersigned, H. A. Bauer, a notary public for the Territory of Alaska, 
does hereby certify that on the 25th day of October, 1919, the foregoing witness, 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 671 


11. W. DeAniioiid, haviiis been lirst duly sworn to testify the truth, the whole 
truth, and nothing hut the truth in his deposition in answer to the foregoinf? 
interro,i;atories, di<l testify as set forth in said foresoin^? answers; that said 
testimony was written down in the presence of said witness, and was thereafter 
read hy him, and the said witness swore to the same and suhscril)ed his name 
thereto. 

In witness whereof I have hereunder set my hand and official seal this 25th 
day of October, 1919. 

[SEAL.J H. A. Bai’er, 

Xotary Public. 

'Sly commission expires Aprii 10, 1922. 

Contestant’s Kxhiiut No. 1. 

Final Order. 

Before K. W. DeArmond. commissioner and ex olhcio i>rohate judj^e for the 
re(*ordinjr district of Sitka (Division No. 1), Territory of Alaska. 

In tlie matter of the incorporation as a city of the second class of tlie town 
of Sitka. Alaska. 

Wliereas an order having been heretofore made, to wit, on the 18th day of 
October, 1913, to determine whether the people of the community of Sitka, 
Alaska, desire to l)e incorporated as a city of the second class; and 

George E. Howard, E. Otis Smith, and Charles P. .lennie, all bona tide resi¬ 
dents and electors of such proi)osed incorporation, having been on said date 
appointed .iudges of said election, and the said judges having qualitied as hy 
law required ; 

And said election having been held at said Sitka, Alaska, on the 4th day of 
November, 1918, the place and date designated in said order tlierefore; 

And said judges having tiled a certiticate showing the numl)er of votes cast 
at said election in favor of incorporation as^ a cit.v of rhe second class of said 
town of Sitka. Alaska (namely 110 votes), and the number of votes cast at 
aforesaid election again.st incorporation as a city of the second class of afore¬ 
said town of Sitka, Alaska (namely 75 votes) ; 

And it appearing that the pbople of said community of Sitka, Alaska, are in 
favor of incorporating said town as a city of the second class; 

And the laws relating to incorporation as a city of the second class of com-: 
munities in Alaska having been substantially complied with; it is: Therefore, 

Herchj/ adjudged aud declared, That said town of Sitka, Alaska, is and shall 
be deemed to l)e a municipal corporation of the second class, under the name 
of the town of Sitka, in tlie Territory of Alaska, and the .same shall now and 
lienceforth be deemed a municipal corporation of the second class, pos.sessed of 
the powers and iirivileges by law [irescribed, and such other powers as may 
hereafter lie given by law, with the following described boundaries, to wit: 

Beginning at corner No. 2 of the Presbyterian Mission site, on the easterly 
side thereof; thence running North 24° 54' E., to the northern corner of the 
Sitka National ^Monument; thence running north, .59° W.. to Swan Lake, at 
the point where the said Swan Lake is entered by a small stream on tlie 
easterly side of the lake—near the .loe Cake’s cabin; thence following the 
margin of the said Swan Lake east and west and along the western .shore of 
the lake to the head of the lake; at the mouth of the stream or brook con¬ 
necting said Swan Lake with the “ Brady mill pond ” ; thence along the course 
of this stream or brook to the said “ Brady mill pond ” and along the .southerly 
side of the mill pon;l to its natural outlet, or the creek bed connecting .said 
mill pond with the ocean ; thence north 00° W., about 1,2.50 yards to a point 
on the beach, bearing nortb, 00° E., from Channel Bocks Spindle in Sitka Chan¬ 
nel ; thence south. 00° AV., to deep water line; thence following the meanderings 
of the deep water line, south and east, to a point bearing south, 00° W., from 
])lace of beginning; comi)rising in all approximately six hundred and thirty 
acres. 

In witness whereof, I have hereunto set my hand and affixed my official seal 
at Sitka, Alaska, this 5th day of November, 1913. 

[seal.] R. W. DeArmond, 

CommhsUnicr and ex officio Probate Judge 
for the Recording District of Sitka, Territory of Alaska. 


672 WICKERSHAM VS. SULZER^ DE('EASEI), AND GRIGSBY. 


Territory of Alaska, 

Precinct of Sitka, ss: 

I, K. W. DeAniioiul, Ignited States (‘oininissioner and e>t odieio ja-obate judge, 
Sitka precinct. Division No. 1, Territory of Alaska, duly commissioned and 
sworn, hereby certify that the annexed is a true, full, aiul correct copy of the 
original order entered therein and all of said order. 

In witness whereof I hereunto set my hand and otticial seal at Sitka, Alaska, 
this 2r)th (lay of October, 1919. 

[seal.] U. W. DeArmoxi), 

I’nited States Connnissio)icr and cx officio ]*roi)ate -Judge, 

Sitka I*rccin<t, Division No. I, Territonj of Alaska. 

Contestaxt’s Exhiiut No. 2. 
order. 

In the office of the United States Commissioner of the Sitka recording dis¬ 
trict, Division No. 1, District of Alaska. 

In the matter of the appointment of judges of election for Sitka precinct 
No. 1 of Sitka recording district, for the general election of November 5, 1918. 

Now, on this day, pursuant to an act of Congress approved May 7, 1906, 
entitled “An act i)roviding for the election of a Delegate to the House of Rep¬ 
resentative from the Territory of Alaska,” and an act of Congi-ess approved 
August 24, 1912, entitled “An act to create a legislative assembly in the Terri¬ 
tory of Alaska, to confer legislative powers thereon and for other purposes,’" 
and in conformity therewith. 

It is hereby ordered that F. C. Sheridan, of Sitka, and E, W. Merrill, of 
Sitka, and W. E. Peterson, of Sitka, three qualified electors residing in said 
Sitka voting precinct, not more than two of whom are members of the same 
political party, be, and each of them hereby is, selected and appointed a judge 
of election in the above-named precinct for the general election to be held 
November 5, 1918. 

Itated at Sitka, this 28th day of September, 1918. 

R. W. De Armoxd, 

United States Commissioner. 

Territory of Alaska, 

Precinct of Sitka, ss: 

I, R. D. De Armond, United States Commissioner and ex officio recorder, Sitka 
Recording District No. 4, Territory of Alaska, duly commissioned and sworn,, 
hereby certify that the above is a true, full and correct copy of the original 
order appointing the above-named men as judges of the election therein named. 

Witness my hand and official seal at Sitka, Alaska, this 25th day of October. 
1918. 

[seal.] R. W. De Armond, 

United States Commissioner and ex officio Recorder, 

Sitka Recording District No. Jf, Territory of Alaska. 

Contestant’s Exhibit No. 3. 

United States of Aaierica, 

Territory of Alaska, ss: 

H. A. Bauer, hereby does certify: That on the 5th day of November, 1918,. 
A. G. Shoup, Ferdinand Roll, and P. .T. Kostrometinofl: were trustees of the 
town of Sitka, Alaska. That A. G. Shoup, Ferdinand Roll, and P. .T. Kostro- 
metinoff, aforesaid were each of them electetl on the 2d day of April, 1918. 

That the foregoing certificate is correct. 

[seal.] H. a. Bauer, 

Clerk, City of Sitka, Alaska. 


Contestant’s Exhibit No. 4. 

ORDER AND NOTICE OF ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1018. 

In the office of the United States commissioner at Sitka, Alaska, First- 
Judicial Division. 

Now, on this day, pursuant to an act of Congress approved May 7, 1906, en¬ 
titled, “ An act providing for the election of a delegate to the House of Repre- 


673 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

seiitatives from the Territory of Alaska,” and an act of Congress approved 
August 24. 1912, entitled, “An act t<» ci'eate a legislative assembly in the Terri¬ 
tory of Alaska, to confer legislative powers thereon, and for other purposes,” 
and, in conformity therewith, 

It is hereby orilered that for the purposes of the general election to he held 
on November n. 1918, all the territory in the rec'ording district known as Sitka 
recording district, outside of incorporated towns, is hereby divided into voting- 
precincts, in each of which a polling place is hereby specified. 

The said voting precincts are designated, described, and hounded as follows: 

Sitka voting precinct of Precinct No. 1 of Sitka recording district: 

All the M’est coast of Baranoff Island and the islands to the westward thereof 
south of Wliitestone Narrows. 

The polling place of said Sitka voting precinct is at Sitka, Alaska. 

AVhich voting precincts shall constitute the voting precincts in and for the 
Sitka recording district (No. 4), division No. 1, Territory of Alaska. 

Notice is hereby given that a general election will he held on Tuesday, No¬ 
vember 5, 1918, for the purpose of electing the following ofiicers, to wit: 

A Delegate to the House of lieiu'esentatives from the Territory of Alaska; 

Due member of the Senate of the Territory of Alaska; 

Four members of the House of Bepresentatives of the Territory of Alaska ; 

One road commissioner for road district No. 1. 

The said election will he held in the voting precincts above named at the 
polling places therein specified; the said polling places will be open between 
the hours of 8 o’clock a. m. and 7 o’clock p. m. of said day. 

Dated at Sitka, August 31, 1918. 

R. W. DeArmond, 

United states Commissioner for the Sitka Recording District, 

First Division, Territory of Alaska. 

United States of America, 

Territory of Alaska, Division No. 1, Precinct of Sitka, ss: 

I, R. W. DeArmond, ITnited States Uomniissioner and ex officio recorder, 
Sitka precinct, division No. 1, Territory of Alaska, duly commissioned and 
sworn, hereby certify that the attached is a true and correc-t copy, with the 
exception of the description of the boundaries of Chicagof, Warm Springs, 
Suloia Bay, Tenakee, Hoonah, and Port Walter voting precincts of said Sitka 
recording district, which are omitted from this transcript of the original order 
and notice of election made by me August 31, 1918, for tlie general election to 
be held November 5, 1918, in said Territory and recording district. 

In witness whereof' I hereto set my hand and official seal at Sitka, Alaska, 
this 25th day of October, 1919. 

[seal.] R. W. DeArmond, 

United States Commissioner and ex-officio Recorder, 

Sitka Recording District No. Jf, 

First Division, Territory of Alaska. 

NOTICE OF TAKING DEPOSITIONS. 

To George B. Grigshy, contestec, and Hugh O'Neill, his agent: 

You and each of y(ni will please take notice that the contestant, James 
Wickersham, will take the depositions of .lohn Sundback, Thomas Gaffney, E. 
Grimm, George Maynard. M. W. Griffith, James P. Daly, A. Palet, A. Nicholson, 
and O .D. Cochran before James IM. Streeten, a notary public for the Territory 
of Alaska, at the office of O. D. Cochran, on Front Street, Nome, Alaska, on the 
25th day of October, 1919, at the hour of 1 o’clock p. m. of said day. 

Dated this the 20th day of October, 1919. 

O. D. Cochran, 
Attorney for Contestant. 

Be it remembered that pursuant to the notice attjiched hereto, there appeared 
before me, Janies A. Streeten, a notary imblic in and for the Territory of 
Alaska, residing at Nome, at the office of O. D. Cochran, on Front Street, in 
said Nome, on the 25th day of October, 1919, O. D. Cochran, counsel for con¬ 
testant herein; Hugh O’Neill, counsel for contestee herein; and the within 
named witnesses on behalf of contestant, viz: Edgar Grimm, John Sundback, 

151279—20-43 




674 WICKERSHAM VS. SULZER^ DECEASED^ AND GRIGSBY. 


Tlioiiins Gaffney, O. D. Cochran, George S. Maynard, and James Daly; 
also L. S. Kerr, stenographer; that the taking of said depositions was con¬ 
tinued hy me from the time stated in the notice, viz, 1 o’clock p. m. of said day, 
until 7.80 p. m., by consent of counsel aforesaid; that the testimony of said 
witnesses was taken down in shorthand by said L. S. Kerr, under my direction, 
and that said witnesses were by me each duly sworn before their testimony 
\,'as given; and 

Thereupon, the following proceedings were had, to wit: 

]\Ir. O'Neill. If you have any more testimony along this line I do not care 
to participate in the taking of it; it is absolutely too rotten to merit any decent 
man’s serious consideration for a minute. I want the record to show that. 

Mr. CocHKAN. I want the record to show that the matter referred to was 
interjected into this record by counsel for IMr. Grigsby. 

]Mr. O’Neill. If you proceed to take the depositions I don’t care to participate 
further. 

(Mr. O'Neill thereupon left the room.) 

DEPOSITION OF JOHN A. SUNDBACK. 

JOHN A. SUNDBACK, called on behalf of the contestant, being duly sworn 
by James M. Streeten, notary public, to tell the truth, the whole truth, and 
nothing but the truth, testified as follows: 

Direct examination by INIr. Cochran : 

Q. Your name is John Sundback?—A. Yes, sir. 

(}. You are a member of the Senate of the Territory of Alaska, from this 
division?—A. I am. 

Q. How long have you lived in Nome?—A. Since 1899—the fall of 1899. 

Q. Did you know one, INIelvin Grigsby?—A. I did. 

Q. When and where did you first know him?—A. Sioux Falls, South Dakota, 
then Dakota Territory. 

Q. When?—A. In 1872. 

Q, Have yini known him since that time?—A. Yes, sir. 

c}. Did .you know him well?—A. Yes, sir. 

Q. Did you know him when he came to Nome, as district attorney?—A. Yes, 
sir. 

Q. You knew him during the time he was in Nome?—A. Yes, sir. 

(). MJmt has been the politics of Melvin Grigsby since you knew him?—A. Re¬ 
publican. 

i}. You know his son, George Grig.sby?—A. Yes, sir. 

(}. Knew him in Sioux Falls?—A. I did. 

Q. Knew him in Nome?—A. Yes, sir. 

Q. Do you know what his politics M'ere prior to the time he was removed 
from the office of district attorney?—A. I did. 

Q. What was his politics?—A. Republican. 

(). Do you know James Frawley?—A. I do. 

Q. Was he your colleague in the last Territorial"^Senate?—A. Yes, sir. 

Q. What has been his politics?—A. Democrat. 

Q. Do you know upon what ticket he was elected?—A. I do. 

Q. What ticket was it?—A. The Democratic ticket. 

Q. Do you know James Wickersham?—A. I do. 

Q. How long hav(‘ you known him?—A. Since the time he arrived in Nome to 
occupy the position of district judge. 

Q. That was in 1901, Captain.—A. I think so. 

Q. What has been the politics of Judge Wickersham ever since you have 
known him?—A. I always understood that he was a Republican. 

Q. What are your politics. Captain?—A. Republican. 

]Mr. Cochran. That is all. 

(Witness excused.) 

John Sundback. 

Subscribed and sworn to before me this 31st day of October, 1919. 

[seal.] Jas. 'SI. Streeten, 

Notary Public. Alaska, at Nome. 

My commission expires September 1, 1922. 


WICKERSHAM VS. SULZER, DECEASED, AK^D GRIGSBY. 


675 


DEPOSITION OF 0. D. COCHRAN. 

O. D. COCUUAN, called on behalf of the contestant, being duly sworn by 
Janies :\I. Streeten, notary public, to tell the truth, the whole truth, and notliing 
but the truth, testified as follows; 

Direct examination. 

I have lived in the city of Nome, Territory of Alaska, since the summer of 
1900. I have known INIr. George B. Grigsby intimately since he came to the 
Territory of Alaska, in 1902. Mr. Grigsby was politically a Bepublican until 
lie was removed from the office of district attorney of this division of the Ter¬ 
ritory of Alaska, after which time he became a Democrat. Personally, I have 
been a Democrat ever since I have been in the Territory of Alaska. 

I know Janies Frawley. I have known him well and intimately for the past 
20 years. I know that he bears a very good reputation in this community, and 
that he has always, since I have known him, been a Democrat in politics. 

I have known .Judge Wickersham since the fall of 1901, and, being an attor¬ 
ney, I have practiced extensively before him. Judge Wickersliaui has always 
been a llepublican; never has been known as a Democrat and never has identi- 
tied himself as such, but on the contrary has always claimed to be a Republican. 

On the hearings before the Committee on Elections No. 3 of tlie House of 
Representatives of the yixty-sixth Congress, first session, in the contested elec¬ 
tion case of James Wickersliaui v. Charles Sulzer, under the date of July —, 
1919. I read a statement made by Mr. George B. Grigsby, in which he said: 

“ That in 1910, he indicted a millionaire up at Nome, and that through the 
influence of this millionaire and other influence he was removed from the office 
of district attorney by President Taft.” 

Stating in answer to a question l»y IMr. Chindblom that the millionaire re¬ 
ferred to was'* Mr. Lindeberg, of the Pioneer IMining Co., I desire to most em¬ 
phatically challenge the truth of this statement. I was one of the attorneys 
in the action out of which the indictment against IMr. Lindeberg arose and 
am thoroughly familiar with every detail of the case. The case arose over the 
title to the Bear Cub mining claim near Nome. Mr. Lindeberg, in support of 
a motion for a restraining order, filed an affidavit on behalf of the Nome 
Exploration Co., which company he represented, in which IMr. Lindeberg stated 
that he had seen certain work performed upon said Bear Cub claim. Mr. 
Grigsby, who was one of the parties defendant in this action, claimed that IMr. 
Lindeberg had perjured himself in that affidavit in relation to such work and 
procured an indictment against IMr. Lindeberg, charging him with perjury. 
On the trial of the action 25 reputable people testified to the identical work 
stated in the <affidavit of IMr. Lindeberg, and the jury in the case was out but 
a few minutes and returned a verdict establisbing the truth of the statements 
contained in Mr. Lindeberg’s affidavit. 

Tlie fact is that Mr. Grigsby was removed from the office of district attorney 
for the second division of the Territory of Alaska, because he endeavored to use 
his high office for personal gain; and should he repeat the statement made 
before such Committee on Elections I earnestly urge the attention of the mem¬ 
bers to a copy of the charges filed against Mr. Grigsby with the Department of 
Justice, which I ask to be marked and appended to this deposition. These 
charges are made up entirely from the swo4-n testimony of the witnesses found 
in the record of the case referred to. 

O. D. Cochran. 

Subscribed and sworn to before me this 31st day of October, 1919. 

[seal.] Jas. M. Streeten, 

Notary Piihlic, Alaska, at Nome. 

IMy commission expires September 1, 1922. 

DEPOSITION OF THOMAS GAFFNEY. 

THOIMAS GAFFNEY, called on behalf of contestant, being duly sworn by 
James IM. Streeten, notary public, to tell the truth, the whole truth, and nothing 
but tlie truth, testified as follows; 

Direct examination by Mr. Cochran : 

Q. Mr. Gaffney, what is your business?—A. IMiner. 

Q. You live at Nome?—A. Yes, sir. 


676 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 

Q. How long liave you lived at Nome?—A. Since 1901. 

Q. Were you a member of the First Territorial Legislature in Alaska?— 
A. Yes, sir. 

Q. You were brought here as a witness to testify in this matter?—A. Yes, sir. 

Q. Were you present in this room when Mr. O’Neill, representing the con- 
testee in this case, withdrew?—A. Y^es, sir. 

(F What other official position* if any, have you held in the Territory?—A. I 
was special employee for the suppression of the liquor traffic among the natives 
from August, 1914, until July, 1918. 

(}. Are you acquainted at Unakaleet?—A. Y'es, sir. 

Q. How often have been at Unakaleet? Just whether you have been there 
any number of times?—A. Quite a number of times. 

Q. Did your official business take you to Unakaleet frequently?—A. l^'es, sir. 
Not to Lffiakaleet alone, but I frequently passed through there on official busi¬ 
ness and stopped. 

Q. Fre(piently?—A. Frequently; yes, sir. 

Q. Are you acquainted with most of the natives residing at Unakaleet?—A. 
I know quite a good many there, 

Q. Are there public schools at Unakaleet?—A. l"es, sir; the Bureau of Educa¬ 
tion has a native school there. 

Q. Have you visited these schools?—^A. Yes, sir. 

Q. At different times?—A. Different times. 

Q. How long has a s'chool been maintained at Unakaleet?—A. Well, I have 
been told that there has been—that there has been a school there for the last 
25 or 30 years; but, of course, that I do not know myself. 

Q. How long has a school been maintained there to your knowledge?—A. The 
first knowledge I ever had of a school being there was when I first passed 
through there going to the legislature in 1913. • 

Q. Have the natives at Unakaleet a local form of government?—A. Yes, sir. 

Q. Have they a council?—A. A council; yes. 

Q. Elective?—A. I don’t know. 

Q. An elective council?—A. I don’t know; they are acting under the act of 
the legislature passed in 1915, I think. 

Q. And is the town laid out in blocks and lots?—A. l^es, sir. 

Q. What is the occupation of the natives living at Unakaleet?—A. Well, 
some are ship owners, boat owners, and more are reindeer owners, and some 
fishing, some shipbuilding. 

Q. Have there been many vessels built at Unakaleet?—A. Yes, sir; there 
has been quite a number; two or three to my knowledge. 

Q. Have they been built by the natives?—-A. Yes; built from native lumber. 

Q. What is the general character of the natives there as to education; are 
they well, or otherwise, educated?—A. Pretty fairly well educated. 

Q. Have you observed whether or not they take any interest in matters 
politic?—A. Y'es; I seen them around the stores reading papers and have 
talked to some of them on political matters. 

Q, Are the natives there generally natives of the^whole blood or mixed blood, 
at Unakaleet?—A. Well, there are some of mixed l^ood there. 

Q. Are they mostly mixed blood?—A. Well, there are a great many of mixed 
blood. . 

Q. How do they live, Tom?—A. They live in houses the same as white 
people. 

Q. How are their houses furnished, as to being well or poorly furnished?— 
A. Just al)out the average house that you will find of the average prospector 
and people living outside of Nome. 

Q. Y’'ou know the natives around Nome and elsewhere throughout the Seward 
Peninsula, in a general way?—A. Yes, sir. 

Q. Now, how do they compare with the natives at Unakaleet as to intelligence?— 
A. Well, my impression—my knowledge of the natives in the second division, 
over which I had jurisdiction while holding office, I did not meet with any 
natives more progressive or better educated than there is at Unakaleet. 

Q. What I am trying to get at is whether or not the Unakaleet natives are 
superior to other natives?—A. I believe they are. 

Q. Well, you know whether they are or not?—A. Y'es; they are. 

Q. Do you know the natives at St. IMichaels?—A. Y^es, sir. 

Q. Have you looked over the list of the voters at St. INIichaels at the election 
between Mr. Wickersham and INTr. Sulzer, in 1918?—A. Y"es, sir. 

Q. Were there quite a number of votes—native voters?—A. There were quite 
a few. 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 677 


Q. Yes. Now, as to education and intelligence, winch are the superior 
natives?—A. The Unakaleet natives. 

Q. They are superior to the St. IMichaels natives?—A. Yes, sir. 

Q. Do you recall a rel’erenduin vote in the Territory of Alaska on the ques¬ 
tion of the eight-hour day?—A. Yes, sir. 

Q. Do you know how the voters of Unakaleet voted upon that subject?— 
A. They voted almost unanimously for the eight-hour day. 

Q. Do you recall a referendum vote l^eing taken in tlie Territory of Alaska 
on the question of prohibition?—A. Yes, sir. 

Q. How did the natives at Unakaleet vote on that?—A. I think there was 
only one wet vote at Unakaleet. 

Mr. Cochran, qiiat is all. Thomas Gaffney. 

(Signature of witness.) 

Subscribed and sworn to before me October 29, 1919. 

Jas. >M. Streeten, 

Notary Public, Alaska, at Nome. 

My commission expires September 1, 1922. 

deposition of JAMES P. DALY. 

.TAiMES I’. DALY, called and sworn on l)ehalf of tlie contestant, by James M. 
Streeten, notary pul)lic, to tell the truth, the whole truth, and notiiing but the 
truth, tesified as follows: 

Direct examination by Mr. Cochran : 

Q. Your name is .Tames P. Daly?—A. James P. Daly. 

Q. What ofticial position do you occupy in the Territory of Alaska?—A. I am 
a member of the Hou.se of Representatives of the Territorial Legislature. 

Q. How many terms have you lieen continuously a member of that body?— 
A. Three terms. 

Q. How long have you lived in Nome, Mr. Daly?—A. Since 19Q0. 

Q. Do you know Judge Wickersham?—A. I do. 

Q. Hom’ long have you known him?—A. Since he acted as judge here, along 
about 1901. 

Q. Since 1901?—A. Yes. 

Q. Do you know what the Judge's politics have been?—A. I always con¬ 
sidered him a Republican. 

Q. What has been your politics, IMr. Daly?—A. Democrat. 

Q. Do you knoM’ George Grigsby?—A.- I do. 

Q. Have you known him ever since he came to Nome in 1902?—A. Yes, sir. 

Q. Knew him ever since?—A. Yes, sir. 

Q. Intimately?—A. Yes. 

Q. Do you know what his politics was pp to the time of his removal from the 
office of district attorney?—A. He was a Repul)lican; I don’t think there was 
any dispute al)out it. 

Q. Since that time what was he?—A. The first I heard he \vas connected 
with the Democratic Party was in the fail of 1917, when lie attended a Demo¬ 
cratic caucus. Democratic primary—Democratic caucus, 1 believe, is better. 

Q. Was that after he was removed as district attorney?—A. Yes, sir. 

Q. Do you know Janies Frawley?—A. Yes, sir. 

Q. And have you known him for the past 20 years?—A. Eighteen or 20 years. 

Q. Know what his politics have been?—A. Democratic. I may say in regard 
to Frawley that I heard that he supported Gilmore, and when he Avas asked as 
to his attitude he said that Gilmore was always his close, per.sonal, and inti¬ 
mate friend; that is the only time I heard that he did not support the Demo¬ 
cratic ticket, although he was never very active in politics until later years. 

Q. Mr. Gilmore was running for Delegate to Congress on the Republican 
ticket?—A. He was. 

Q. And was a Nome man?—A. He was. 

Mr. Cochran. That is all. 

Jaimes P. Daly. 

Subscribed and sworn to before me October 28, 1919. 

Jas. ]M. Streeten, 
Notary Public, Alaslca, at Nome. 

]My commission expires 1st September, 1922. 


678 


WICKERSHAM VS. SULZER^, DECEASED^ AND GRIGSBY. 


DEPOSITION OF GEORGE S. MAYNARD. 

Geor.^e S. Maynard, called as a witness on behalf of contestant, being 
duly sworn by Janies INI. Slreeten, notary public, to tell the triitb, the whole 
truth, and nothing but the truth, testified as follows: 

Direct examination by Mr. Cochran : 

Q. Your name is George Maynard?—A. Yes, sir. 

Q. You are the pulilisher and owner of the Nome Nugget?—A. Y^es, sir. 

Q. How long have you been one of the publishers of that newspaper?—A. 
Since 1910. 

Q. Your business is the newspaper business?—A. Yes, sir. 

Q. How long have you been in the newspaper business in Nome?—A. Since 
1900. 

Q. Are you well acquainted in Nome and on Seward Peninsula?—A. Yes, sir. 

Q. Do you know George Grigsby?—A. Yes, sir. 

Q. Knew him since he first came to Nome?—A. Yes, sir. 

Q. In 1902?—A. Yes, sir. 

Q. What were his politics up to the time he was removed from the office of 
district attorney? Do you know?—A. Yes, sir. 

Q. What was it?—A. Republican. 

Q. Do you know Judge Wickersham?—A. I do. 

Q. How long have you known him?—A. Since 1901. 

Q. Know him well?—A. Yes, sir. 

Q. What has been Judge Wickersham’s politics ever since you have known 
liiin?—A. Republican. 

Q. Has be ever been a Democrat, or identified with the Democrats?—A. No. 

Q. Do you know Janies Frawley?—A. I do. 

Q. How long have you known him?—A. I believe, since 1900. 

Q. State what has been his politics since you have known him?—A. Dem¬ 
ocrat. 

Q. Do you know upon what ticket he was elected to the senate?—A. Yes; 
the Democratic ticket. 

Geo. S. Maynard. 

(Signature of Witness.) 

Subscribed and sworn to before me October 29, 1919. 

[seal.] James M. Streeten, 

Notary Public, Alaska, Second Division, at Nome. 

My commission expires September 1, 1922. 

United States of America, 

Territory of Alaska, ss: 

Ti. S. Kerr, being first duly sworn, deposes and says: That he is a stenographer 
and court reporter of 20 years' experience; that on the 25th day of October,. 
1919, at the hour of 7.30 p. m., he was present in the offices of O. D. Cochran,, 
in Nome, Alaska, and at such time and place took down in shorthand the deposi¬ 
tions of Edgar Grimm, John Sundback, Thoma'^ Gaffney, O. D. Cochran, 
James P. Daly, and George S. tMaynard, witnesses called on behalf of the 
contestant in the above-entitled proceeding; that after taking down such testi¬ 
mony and proceedings affiant thereafter extended the same on the typewriter,, 
and that the testimony hereunto attached is a true and correct transcription 
of the shorthand notes taken by affiant at said time and place, to the best of 
his ability. 

' L. S. Kerr. 

Subscribed and sworn to before me November 1, 1919. 

[seal.] James YI. Streeten, 

Notary Public, Alaska, at Nome. 

Yly commission expires September 1, 1922. 

United States of America, 

Territory of Alaska, ss: 

I, James M. Streeten, a notary public in and for the Territory of Alaska, do 
hereby certify: 

That on the 25tb day of October, 1919, at the hour of 7.30 p. m., there ap¬ 
peared before me at the time and place stated in the hereunto attached notice, 
at the offices of O. D. Cochran, in said Nome, Alaska, O. D. Cochran, counsel 
for the contestant herein, Hugh O’Neill, counsel for the contestee, Edgar 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 679 


Grimm, Thomas Gaffney, John Simdback, James P. Daly, Georf*e S. INiayiiard, 
and said O. D. Cochran, witnesses on behalf of said contestee; that before 
proceeding to the taking of the testimony of said witnesses they were by me 
each duly sworn to tell the truth, the whole truth, and nothing but the truth in 
relation to the matters in controversy herein; that the testimony of said wit¬ 
nesses was taken down in shorthand by L. S. Kerr, a competent court reporter, 
at said time and place, and thereafter was by him extended on the typewriter 
under my direction and control; that after said testimony was so extended 
said witnesses read the same over, corrected and signed the same in my pres¬ 
ence, and again swore to the truth of the matters therein contained. 

That during the taking of the dejmsition of the witness, O. I). Cochran, 
copies of certain charges hied against one George B. Grigsby were introduced 
in evidence and are attached hereto and marked “ Exhibit A” to the deposition 
of said O. D. Cochran. 

That the time originally set for the taking of said deposition was 1 o’clock 
p. m., of said day, but that the taking of the same was continued until 7.30 
p. m. by the undersigned notary with consent of counsel. 

That the herein-attached typewritten pages contain the testimony and pro¬ 
ceedings had and taken at said time and place. 

In testimony whereof I have hereunto set my hand and ohicial seal of Nome, 
Alaska, this 3d day of November, 1919. 

[seal.] Jas. M. Stheeten, 

Notary Puhlic, Alaska, at Nome. 

]\Iy commis.sion expires Septeml)er 1, 1922. 

To Chartes A. ^utzer, contestee, (Icorge B. Grlgshy, contestee, and to John A. 

Clark, his agent and attorney: 

You are hereby notihed that the dejwsitions of Martin Claich, Ernest Peterson, 
and Sylvester Howell will be taken before Henry T. Ray, a notary public in 
and for Alaska, at his office on Second Avenue in the town of Fairbanks, 
Alaska, next the Imperial cigar store, on the 25th day of October, 1919, at the 
hour of 2 o’clock p. m. of said day, then and there to be examined and to 
testify on oath in rebuttal respecting tbe said contested election and the issues 
in said contest, to be read in evidence in the above-entitled proceeding on be¬ 
half of said James Wickersham, contestant, and that at the taking of said deie 
' ositions you are requested to have your attorney or agent present to cross- 
examine said witnesses if he so desires. 

Dated at Fairbanks, Alaska, this 22d day of October, 1919. 

James Wtckeksham, 

Contestant. 

By INIokton E. Stevens, 

His Attorney. 

Due service of the foregoing notice, together with a copy thereof, is hereby 
acknowledged this 22d day of October, 1919, at Fairbanks, Alaska. 

John A. Clark, 

. Attorney for Contestecs. 

In pursuance to notice hereto attached, the depositions of INIartin Claich, 
Ernest Peterson, and Sylvester Howell were taken in the above-entitled case 
before Henry T. Ray, a notary public in and for Alaska, at his office on Second 
Avenue, in the town of Fairbanks, Alaska, at the hour of 2 o’clock p. m., on 
the 25th day of October, 1919, said witnesses testifying in rebuttal on behalf 
of .Tames Wickersham, contestant, there being pre.sent Morton E. Stevens, 
attorney for .Tames Wickersham, contestant, and John A. Clark, attorney for 
George B. Grig.sby, contestee. 

DEPOSITION OF ]MAETIN CLAICH. 

MARTIN CLAICH, being first duly sworn, on oath testified as follows: 

By Mr. Stevens, attorney for contestant: 

Q. State your name.—A. Martin Claich. 

Q. Were you over the age of 21 years on the 5th of November, 1918?— 
A. I was. 

Q. M'ere you a citizen of the United States at that time?—A. I was. 

Q. Were you a resident and inhabitant of Alaska at that time?—A. I was. 


G80 WICKERSHAIM VS. SULZEH^ DE(’EASED^ AND GRIGSBY. 


Q. For about liow long had you beon a resident of Alaska continiionsly prior 
to that time?—A. Little over 12 years at that time; 12 years and a half. 

Q. Where was your home November 5, 1918? 

Mr. Clark, ^^'e object to the question, irrelevant, incompetent, and imma¬ 
terial, as the question involved is his place of residence at that time. 

A. Fairbanks, Alaska. 

Q. How long had Fairbanks, Alaska, been your home and residence prior to 
November 5, 1918? 

Mr. Clark. I object to the question for the reason that it calls for conclusion 
of the witness, and embraces certain statements that the witness has not tes¬ 
tified concerning. 

A. Well, about four years—that is, I claimed it as my home—Fairbanks; I 
have been here steady. 

Q. Was thei'e any other place during that time in Alaska, that you claimed 
to be your home?—A. No, sir; there was not. 

Mr. Stevens. That is all; you may take the witness. 

Cross-examination by Mr. Clark : 

Q. When did you first go over to Livingood Creek?—A. In October, 1914. 

Q. Did you locate any property over there?—A. I did. 

Q. How many mining claims did you locate?—A. Well, I have interests in 
about eight, I think. 

(}. Have you been mining yourself?—A. I have, just little while. 

Q. AVere you mining in 1918?—A. I was. 

Q. On Livingood Creek?—A. Yes. 

Q. What had you been doing between the time you first went to Livingood 
Creek in 1914 and the 5th of November, 1918?—A. Well, I haven’t been on 
Livingood steady. 

Q. Where were you when you were not on Livingood Creek?—A. I was mining 
on I’edro Creek in Fairbanks district in 1915. 

Q. When did you finish your mining on Pedro Creek?—A. About the middle 
of August, 1915. 

Q. Did you go back to the Tolovana when you finished mining on Pedro 
Creek?—A. I did. 

Q. What did you do when you went back to Livingood Creek?—A. I went 
stampede on Alike Hess—what we call “ Promised Land.” 

Q. Alike Hess Creek is in the Tolovana mining district?—A. Y'es, it is—the 
upper part is. 

Q. You were on the upper end of Alike Hess Creek, were you not?—A. Yes; I 
was on Aliddle Pork or East Fork. 

Q. AVhen did you commence mining on Livingood Creek?—A. In April, 1918. 

Q. AVhen did you finish mining on Livingood Creek?—A. July 20, 1918. 

Q. AAJiat did you do when you finished mining?—A. I didn’t do anything. 

Q. Did you at that time own a cabin on Livingood Creek?—A. No, sir; I 
never owned a cabin on IJvingood Creek. 

Q. AAJiere did you live on Livingood Creek?—A. I lived in a tent on the 
claim. 

Q. Have you lived there ever since you first went pver to Livingood Creek?—• 
A. N(^. 

Q. AAJiere did you live?—A. AAJien I was on the chiim I lived in a tent. 

Q. AVhere did you live between July and November, 1918?—A. I lived on 
the claim until about the 25th of September. 

Q. AAJiere did you. live after that?—A. At Brooks City. 

Q. Did you live in a cabin there?—A. I think I .stayed with a friend of mine 
there for a few days. 

Q. Then where did you go?—A. Came to Fairbanks. 

Q. AAJien did you come to Fairbanks?—A. First part of October. 

Q. AA'hen did you go back to the Tolovana district?—A. AA'ell, I left here a 
few days after the city election in April, 1919. 

Q. AVhere did you stay while you were in Fairbanks?—A. I slept in Pioneer 
Hotel. 

(}. A"our blankets are in the Tolovana, are they not?—A. I have portion of 
my bedding over there and portion is here in Fairbanks. 

Q. AAJien you came to Fairbanks you secured a room at the hotel, did you 
not?---A. I did. 

(L AVhen did you come over to Fairbanks this time?—A. I think I came here 
on the 23d of September this last time; I have been here four times this last 
sumniei’. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 681 


Q. AMieii yon voted at the general eleetion November 5, ]01S, in Fairl)anks, 
were yon asked by the eleetion ollieials as to vonr place residence*?—A. I was 
not, 

(I. Did yon tell the election otlicials that yon resided at Brooks?—A. No 
one asked me a question until after I voted, when one of the indges asked me 
where I come from, and 1 said Brooks. 

Q. Didn’t he ask yon where yon resided?—A. No, sir; he did not. 

Q. Did yon sign yonr name to the voting list?—A. I don't rememher that I did. 

Q. Didn’t .von sign yonr name and right after it “ Brooks?”—A. If I did, I 
don’t rememher. 

Q* Between tlu' time .von first went to the Tolovana in 1914 and the present 
time, how often have you been in Fairbanks?—A, Well, I spent every winter 
in Fairbanks with exception of one. 

Q. hen mining closes down in the Tolovana district most of the miners 
come to Fairbanks for the winter?—A. AVell, I can’t say that most of them 
do—some of them do. 

(}. Ti^n’t it a fact that since the year 1914 yon have .'spent practically all of 
the inining seasons of each year on Livingood Creek, or other creeks close to 
Livingood Crt'ek?—A. What do yon claim mining seasons? 

Q. r>oesn.’t the mining setison close so far as sluicing is concerned at the time 
of the freeze np. in about the month of October, each year?—^A. Yes. 

Q- li^n’t it true that .von have .'si)eiit practicall.v all of yonr time during the 
.slnicing seasons, from 1914 to the present time, on Livingood Creek, or other 
creeks in that vicinit.v?—A, Well, sir, I haven't spent half the .«slnicing time 
on Livingood Creek, or in that vicinity. 

Q. Is any of yonr ground being worked on a lay?—A. It has been, all of it 
1ms been worked by laymen. 

Q. Yon are a miner, are yon not?—A, Yes, sir, 

Q. Yon have worked other claims in Fairbanks district, have yon not?—A. 
I have, to some extent. 

(}. In 1918, yon understood the law to he that a person could vote in any 
precinct in Alaska where he chanced to be on election day, did yon not? 

Mr. Stevp:ns. We object to that as calling for a legal opinion or legal con¬ 
clusion, not proper rebuttal, and incompetent. 

A. That was the general opinion. 

Q. Whenever yon have visited Fairbanks yon have stopped at a hotel, have 
yon not, Mr. Claich? That is, since 1914?—A. Yes, sir, 

Mr. Clakk. That’s all. 

Redirect examination, by Mr. 8 tp]vexs : 

Q. State whether or not yon had any clothing and personal effects in Fair¬ 
banks when yon arrived here the first part of October, 1918?—A. I did. 

(2. Where were they?—A. In the town of Fairbanks. 

Q. State generally what they co)isisted of?—A. ]My new clothes and bedding, 
and some jewelry. 

Q. How long had tln'y been in Fairbanks pilor to that time?—A. Fonr 
years. 

Q. Why did yon leave them in Fairbanks?—A. Because I make this my 
home when I am not doing work outside the town. I make this my headquar¬ 
ters. 

Q. Where do yon consider yonr home to he when yon are ont on the creeks? 

i\Ir. Cr.AKK. I object, on the grounds that it is calling for a legal conclusion. 

A. I consider Fairbanks to he my home all the time. 

Mr. Stevens. That’s all. 

Recro.ss-examination, by I\Ir. Clark: 

Q. Whereabouts in Fairlmnks did yon leave yonr clothing and other effects 
in 1918?—A. With IMr. Burch. 

Q. You left them in his charge?—A. I left them at his home; .yes, sir. 

Q. What date in 1918 did you arrive in Fairbanks?—A. I don’t think I can 
give the exact date, hut I think it was the first part of October, the 10th or 
12th. 

iMr. Clark. That’s all. 

Martin Claich. 


Snhscrihed and sworn to before me this 25th day of October, 1919. 


[ seal. ] 

INIy commission expires .Tune 7, 1920. 


Henry T. Ray, 
Notary Public for Alaska. 


682 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


DEroSTTlON OF ERNEST PETERSON. 

ERNEST PETERSON, being first duly sworn, testified ms follows: 

Direct examination, by Mr. Stevens : 

Q. State yonr name?—A. Ernest Peterson. 

(}. Were yon over the age of 21 years on November 5, 1918?—A. Yes, sir. 

Q. On that date were yon a United States citizen?—A. Yes, sir. 

Q. Had yon lived in Alaska continuously for one year prior to that time?'—- 
A. Yes. 

Q. Did you vote at the Delegate election on November 5, 1918, in the Fair¬ 
banks voting precinct, Alaska?—A. I did. 

Q. Wliere was your home at that time?—A. In Fairbanks. 

Q. For how long prior to that time had Fairbanks been your borne con¬ 
tinuously?— A. I have called Fairbanks my home since 1905, as I have been 
connected with my brother in mining operations around Fairbanks from the 
first week I landed here up to the date hereof. 

Q. You landed here in 1905?—A. Yes, sir, 

Q. You say that you called Fairbanks your home during that time; did 
you, during that time, consider Fairbanks your home?—A. I did. Because all 
my belongings was here; I was here when not actually mining. 

Q. Did you own a home in Fairbanks, Alaska, November 5, 1918?—A. Yes. 

Q. And about how long had you owned that home prior to that time?—A. For 
several years. 

]\Ir. Stevens. That’s all; you may take the witness. 

Cross-examination, by Mr. Clark : 

Q. When you went to vote in PViirbanks, on November 5, 1918, did the elec¬ 
tion officials ask you where you resided?—A. I don’t remember whether they 
did or not. 

Q. Did you tell them at that time that your residence was at Brooks?— 
A. I don’t remember whether I did or not. 

Q. How long have you been mining at Brooks?—A. Since 1915. 

Q. Where did you vote at the 1916 election?—A. I voted at Brooks. 

Q. You were mining there at that time, were you not?—A. I was, 

Q. Did you consider Brooks your residence in 1916?—A. At the time being,, 
yes; while I was mining. 

Q. You have been mining there ever since, haven’t you?—A. Yes. 

Q. You own property in the Tolovana, do you not, on Livengood Creek?—A. 
Yes. 

Q, You own a residence on Livengood Creek, do you not?—A. Not now. 

Q. You did on November, 1918, did you not?—A. I did not. It belongs to 
the claim on which we had a lease. 

Q. Did you have any interest in the claim?—A. No, 

Q. Did your family reside there with you?—A. No; I was married on the 
10th of October and moved right in to Fairbanks. 

Q. AVhat day did you arrive in Fairbanks?—A. Around the 20th of October, 
1918. 

Q. Did you ever vote in Fairbanks before the year 1918?—A. I voted at the 
city election, but I don’t remember exactly what year, but it was prior. 

Q. At the end of the sluicing season of each year you generally come to 
Fairbanks for a short time, do you not?—A. Yes. 

Q. Your brother, August, has been looking out for the mining project in 
which you are interested, while you attended to the mining project in the 
Tolovania, were you not?—A. Yes; with the exception that we generally go 
together to talk matters over. Our mining ventures around Fairbanks or 
Brooks. 

Q. You have been mining constantly on Livingood Creek since about the 
year 1915, have you not?—A. Yes. 

Q. Livingood Creek is in the Tolovania precinct, is it not?—A. It is since 
1916, I guess. 

Q. Brooks is a town on Livingood Creek, is it not?—A. Yes. 

Q. Isn’t it true, Mr. Peterson, that in the year 1918, it was generally 
understood by yourself and the public generally, that a resident of Alaska 
who was qualified to vote could vote at any voting precinct where he chanced to 
be on election day? 


WICKERSHAM VS. SULZEll, DECEASED^ AND GRIGSBY. 683 


Mr. Stevens. We object, as callinji,- for legal opibion, and for tlie further 
reason that the question involves a misstatement of the law and fact. 

A. It was. 

Q. On election day, 1918, you understood and believed that you could vote 
in any precinct in Alaska where you chanced to be on that day, did you not? 

Mr. Stevens. Object for the same reasons above stated. 

A. I did. 

Q. There was a voting precinct at Brooks in November, 1918, was there not, 
INIr. I’eterson?—A. Yes. 

Q. AVhere did you vote at the general Delegate election in the year 1914?— 
A. Engineer Creek. 

Q. You were mining on Engineer Creek that year, were you not?—A. On 17 
Coldstream. 

Q. And your voting precinct was fixed at the Owl Roadhouse, was it not? 
A. I am positive it was. 

Q. How far is the Owl Roadhouse from the town of Fairbanks?—A. I 
think about 9 miles. 

Q. How far is Brooks from the town of Fairbanks?—A. About 75 miles. 

IMr. Clark. That is all. 

Redirect examination by Mr. Stevens : 

Q. When you voted at the Delegate election in November, 1910, at Brooks, 
is it not true that you and the people generally believed that a voter otherwise 
qualified could vote in any voting precinct where he happened to be on election 
day in the judicial division where he lived? 

Mr. Clark. I object on the grounds that it is a question that is leading 
and suggestive. 

A. It was-the general belief and my belief. 

Q. As I understand your testimony, you considered at that time and ever 
since have considered that Fairbanks is your home? 

IMr. Clark. I object on the grounds that it is leading and suggestive. 

A. It was. 

Q. You and your brother have been for a number of years last past inter¬ 
ested together as mining operators in a number of different places in the 
interior of Alaska, have you not?—A. Yes. 

Q. And during that time, where has been your headquarters for doing 
business? 

IMr. Clark. I object on the grounds that it is irrelevant, incompetent, and 
Immaterial, and does not tend to prove residence. 

A. In Fairbanks. 

]\Ir. Stevens. That’s all. 

Recross-examination liy IVIr. Clark : 

Q. Fairbanks is the general supply point for this section of the Tanana • 
Valley, is it not, IMr. Peterson?—A. Yes; and for Brooks also. 

Q. This is the headquarters of the district court, is it not?—A. Yes. 

Q. Did you know in 1916, at the time of the Delegate election, that the Legis¬ 
lature of Alaska had attempted to change the law relative to the places where 
the voter could vote?—A. I didn’t know. 

Mr. Clark. That’s all. 

Ernest Peterson. 


Subscribed and sworn to before me this 25th day of October, 1919. 


[ seal. ] 


IMy commission expires June 7, 1920. 


Henry T. Ray, 
Notary Public for Alaska. 


Now, at 4.15 o’clock p. m., the hearing was adjourned until 7.30 p. m. of this 
day, to take the testimony of Sylvester Howell. 

The hour of 7.30 o’clock p. m. having arrived, and said witness, Sylvester 
Howell, having faile<l to appear, the hearing and the further taking of testi¬ 
mony in this proceeding is hereby closed on this 25th day of October, 1919. 
[seal.] Hp:nry T. Ray, 

Notary Public for Alaska. 

My commission expires June 7, 1920. 


684 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


United States oe America, 

Tcrrifoi II of Alaska, Fairbanks precinct, ss. 

I, Hciiiy T. K;iy, a notaiy public in an<l for the Territory of Alaska, duly 
coniinissioned and (inalitied, do hereby certify the foi'eifoincj nine pajjes of type¬ 
written matter, exclusive of this ])a,u’e, to be a fnll, true, and correct ti'nn- 
scri])t of the questions and answers in the matter of takinj; rebuttal testimony 
in the contest proceedinj^'s before the House of Rei)resentatives of the United 
States, Sixty-sixth Conjjress, first session, James ickersham, contestant, v. 
Charles A. Snlzer, contestee. and Oeoiye B. Grigsby, contestee, contesting the 
election of Delegate from Alaska, said rebuttal testimony having been taken 
on behalf of contestant, James Wickersham, 

In witness wherinif I have hereunto set my hand and notarial seal, at Fair¬ 
banks, Alaska, this 25th day of October, A, D, 1919. 

[SEAL.l Henry T. Bay, 

Notary Public for Alaska. 

jNIy commission expires June 7, 1920. 

This case coming on to be heard in imrsnance to notice given by contestant 
to the contestee for the taking of depositions of witnesses at the office of 
Dwight D. Hartman, notary })nblic, in the city of Seattle, Wash., on October 
25, i919, parties appearing^ James Wickersham, contestant, appearing in per¬ 
son, and contestee appearing by his agent, Maurice G. Leehey. the following 
witnesses were first duly sworn by the notary public, and then examined, as 
follows: 

DEPOSITION OF COL. B. O. LENOIR. 

Col. B. O. LENOIR, produced as a witness on behalf of the contestant, hav¬ 
ing been first duly sworn, testified as follows: 

Dii-ect examination by Mr. Wickersham : 

Q. Please state yonr name.—A. B. O. Lenoir. 

Q. And yonr otlicial position?—A. Lieutenant colonel of the Signal Corps, 
Unit(‘d Stati'S Army. 

Q. Yon are in charge of the Signal Corps Service in Alaska, are you?—A. 
Yes, sir. 

Q. How long have yon been?—A. Since 1913. 

Q. Yon have given evidence heretofore in this cause, haven’t you?—A. Yes, 
sir 

Q. Col. Lenoir, there was a man by the name of Horace R. IMorgan. connected 
with the Signal Corps Service in Alaska. AVhere was he locateil? It is marked 
here at “Nnlato.’—A. I believe it is, to tlie best of my knowledge. 

Q. Did yon ever have any recollection of his having made an affidavit in 
connection with this matter, as to who he voted for at the election of Novem¬ 
ber 5, 1918?—A. I believe be did make an affidavit. 

Q. It was made before Albert L. Ewing, in the city of Seattle, notary public, 
on the 22d day of August, 1919; do yon know why that affidavit was made at 
that time?—A. I had instructions from the chief .Signal Corps officer to hold 
emergency men in the service, and not discharge them until this investigation 
was finished. His father was over here from Yakima, came over to meet him, 
and he said he came down from Alaska, and seemed to be very much perturbed 
over the idea of holding his boy into the service for the investigation, and he 
understood that it was with the view of ascertaining who he voted for in the 
Delegate election, which is contested here. And the question came up, and I 
don’t know just how it did come up, that he was willing to tell who he voted 
for, if he could be released, and leave the Army. Inasmuch as that seemed to 
be what he M’as held in the service for. he agreed to give an affidavit whom he 
voted foi', so he could get his discharge and go to Yakima. He is located at 
Yakima now, and he can be reached if it is wanted. His father is a business 
man in Yakima. His affidavit was taken in pursuance to that understanding. 

Q. His affidavit was taken in pursuance to that understanding?—A. Yes, 
sir; as well as I remember. 

Q. He was discharged?—A. He was discharged. I understand. 

Q. He was discharged about the 20th day of August, 1919?—A. It has been 
recently. 

]\Ir. Wickersham. I wanted to introduce his affidavit upon the statement of 
the colonel. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


685 


Witness. It was understood that if he was wanted further, tliat he could 
produce him from Yakima, where his father is in business. 

]\rr. WicKERSHAM. 1 will say. Mr. Leehey, that Mr. Hartman went over to 
Yakima, and undertook to find this man hut was unable to do so, and we have 
been unable to find him and get his testimony within the time fixed. 

]Mr. Leehey. I will say also, .ludge Wickersham, that Mr. ^Moores, from my 
oftice, went over at the same time, upon notice served upon us by Mr. Hart¬ 
man, to take the testimony of young ^Morgan. 

]Mr. Wickersham. And wasn't found? 

Mr. Leehey. He evidently wasn’t found at that time. I could not tell you 
why; buf a couple of days later we re(*eived a letter from him frcan YsUvima. 
I never pursued the matter to deteianine where he was on that particular day. 

I will make the general objection to the affidavit, not the best testimony, in 
order to preserve the record. 

Mr. Wickersham. I offer it. 

(Affidavit marked “Contestant’s Exhibit A’’ and hereto attached.) 

Q. Col. Lenoir, you Mere in charge of the station at Valdez by reason of 
being in charge of the service in Alaska?—-A. Yes, sir. 

Q. I M’ant to ask you, if you kiunv, if there is a young man there in the service 
by the name of Selby?—A. I think he recently enlisted. He was a civilian em- 
liloyee, for a time, and, to the be t of my recollection, he enlisted in the service 
lately. 

Q. How long has he been in the service, either as a civilian employee or as an 
enlisted man there?—A. I could not tell you. 

Q. For several months?-—A. As an enlisted man, he has been there for sev¬ 
eral months. I could not tell you M’ithout looking at the recoi'd. 

Q. Do you knoM’ \vhat his name is?—A. I know that it is Selby, that is all. 

Q. Do you knoM’ that he is the son of an editor of a iieNvspaper there?—A. T 
understood that, but I don't knoM*. 

]Mr. Wickersham. You may cross-examine. 

Mr. Leehey. No crops-examination. 

R. O. Lenoir. 

Subscribed and SM'orn to before me this 31st day of October, 1919. 

[SEAL.l DmHGHT D. HART^^AN, 

Xotary ruhJic in and for the State of Washin(/ton. 

Residing at Seattle. 


I)EI*OSITION OF Cl. J. LOMEN. 


All that time, 
number. I have 


G. ,T. LO^IEN, produced as a witness on behalf of the contestant, having 
been first duly sworn, testified as folloM^s: 

Direct examination by ]Mr. Wickersham. 

Q. Please state your name.—A. G. .1. Lomen. 

Q. And your age?—A. It M'ill be (5(5 in .Tanuary next. 

Q. And your occupation?—A. Attorney at la\v. 

Q. Where do you reside?—A. Nome, Alaska.^^ 

Q. Ho\v yong have you resided there?—A. Nineteen years. 

(}. You have been engaged in the practice of law there?—A 
Q. Have von held an official position there?—A. Y^es. sir; a 
been mayor of Nome, and Ihdted States attorney during the laH year and a 
little better, and chairman of the local board during the war period. 

Q. What is your politics, .Tudge Lomen?—A. Itepublican. 

Q. Do you know Mr. George R. Gidgsby?—A. I do. 

Q. How long have you knoAvn him?—A. About 17 years. 

Q. He has resided in Nome during the period you re ided there?—A. IVIost of 

the time; yes. n < • 

Q. Were you residing there during the time he came there?—A. Yes, sir. 

Q. Did you know his father, Melvin Grigsby? A. I did. 

(1. What official position did his father hold there?—A. He M'as United 
States attorney since 1902, I think, for a period of time. I don’t know Mdiether 
he held out the four years or not; I doubt it. 

Q. As a matter of fact, he Avas removed?—A. He Avas removed from office 

and succeeded, I think, by Henry M, Hoyt, 

Q. Hom' long did Ylr. Hoyt remain there?—A. Oh, three or four years, 
f}. Who succeeded Ylr. Hoyt as district attorney of Nome?—A. George B. 
Grigsby. 


686 WICKERSHAM VS. SULZER^ DECJEASED^ AND GRIGSBY. 


Q. How long (lid he hold office?—A. About four years. 

Q. Did you know the politics of Melvin Grigsby and Mr. Hoyt and George B. 
Grigsby at that time?—A. They were reputed as Republicans at that time. 

Q. They were appointed by a Republican President?—A. They were ap¬ 
pointed by a Republican President and administration, under a Republican 
administration. 

Q. During the time Melvin Grigsby held the office what position did George 
B. Grigsby hold?—A. He was assistant attorney. 

Q. All the time during IMelvin Grigsby’s holding the office?—A. I am not 
sure but what he held under appointment by the judge after—possibly that 
was-- 

Q. Did George B. Grigsby hold under his father as' assistant district at¬ 
torney?—A. Yes, sir; he di(l. 

Q. Did he also hold under IMr. Hoyt?—A. I'es, sir; he did. 

Q. During the full period?—A. Tiiat Mr. Hoyt was there, 1 think so. 

Q. And he was then appointed district attorney himself?—A. Yes, sir; I 
think that was in 1908. 

Q. And George held office until what time?—A. I think until 1911, or 1912. 

Q. AVasn’t it about 1910?—A. He was removed from the office. I don’t re¬ 
member just how long he had held it when he was removed. 

Q. Do you know why he was removed? 

Air. Leehey. AVe object to that, because the oral statement of the witness 
is not the best evidence. 

A. AA’ell, it was generally understood that he was removed for cause. 

Q. During all those years George B. Grigsby was a Republican?—A. So far 
as anyone knew there at Nome. 

Q. 1)0 you remember that in 1908, .Tohn Corson was a candidate for Delegate 
to Congress on the Republican ticket?—A. Yes, sir; that is, he was nominated 
by the Republican convention anyway that year, and I remember something 
about the organization of the party at that time. 

Q. At Nome?—A. At Nome. I recall that Charlie Heron came to Nome 
before any steps were being taken toward the organization at that time, and 
he and George B. Grigsby were very active in organizing the party for that 
campaign in the interest of the Republicans at Nome. 

Q. AA'ell, in the interest of Air. Corson, was it not?—A. I would not say 
that; so far as the organization went, the preconvention work, I don’t think 
it had particular reference to Air. Corson. 

Q. But. Air. Grigsby and Air. Heron were the organizers of the Republican 
organization at Nome at that time?—A. At that time. 

Q. Do you know when he ceased to be a Republican?—A. A"ery soon after 
his removal from office. 

Q. And since then he has been a life-long Democrat?—A. Ever since then 
he has affiliated with the Democrats. 

Air. AATckersham. That is all. 

Air. Leehey. No cross-examination. 

Air. AATcKERSHA]sr. That is all Judge, unless you have something more. 

The AATtness. No ; there is not anything. 

G. J. Lomen. 

Subscribed and sworn to before me this 31st day of October, 1919. 

[seal.] Dwight D. Hartman, 

Notary puhlic in and for the State of Washington, residing at Seattle. 

deposition of ,t. frawley. 

J. FRAAA’LEY, produced {is a witness on behalf of the contestant, having 
been duly sworn, testified as follows: 

Direct examination by Air. AVickersham : 

Q. State your name.—A. James Frawley. 

Q. How old are you?:—A. Fifty-nine. 

Q. What is your occupation?—A. Lawyer. 

Q. AAfiiere do you reside?—A. Nome, Alaska. 

Q. Are you engaged in any other Imsiness than the practice of law?—A. 
Yes, sir; I have been mining. 

Q. How extensive have you been mining in comparison with legal business 
that was done at Nome?—A Well, I have devoted a greater portion of my time 
for the past several years at mining. 



WICKERSHAM VS. SULZEE, DECEASED^ AND GKIGSBY. 687 

Q. AMuit ofTicitil positions have you held?—A. United States commissioner, 
mid ierritorial senator from the second division. 

Q. You are senator from tliat district now?—A. Yes, sir. 

Q. What is your politics?—A. Democrat. 

Q. How long have you been a Democrat?—A. Always been in the Democratic 
Party. 

Q. Do you know George B. Grigsby ?^A. I do. 

Q. How long have you known him?—A. The first time I saw him was during 
the Spanish-American War, in South Dakota. 

Q. You knew him there?—A. I knew him by sight, but not to get personally 
acquainted with him. 

Q. Have you known him ever since he has been at Nome?—A. Yes, sir 

Q. Did you know his father?—A. I did. 

Q. What legal position did his father hold at Nome?—A. He was United 
States district attorney for the second district. 

Q. About when did he go there as United States district attorney?—A. He 
succeeded ]Mr. Wood, and I think came there in 1902. 

Q. tlow long did Melvin Grigsby hold the ofiice of United States district 
attorney at Nome?—A. I could not say, but somewhere about three years. 

Q. What happened to him then?—A. He was removed. 

Q. Who was appointed in his place?—A. Henry M. Hoyt. 

Q. How long did Mr. Hoyt hold the ofiice of United States district attorney 
there?—A, He held for about three years, I think, and he received an appoint¬ 
ment to the Philippines, or somewhere. 

Q. Who succeeded Mr. Hoyt as United States district attorney there?—A. 
George B. Grigsby. 

Q. How long did he hold ofiice?—A. He held until, I think, the spring of 
1910. 

Q. What happened to him then ?—A. He was removed for cause. 

Q. When iMelvin Grigsby came there, did George. B. Grigsby come with him in 
1902?—A. I won’t say that he came right with him, but he came at the same 
time, or very shortly afterwards. 

Q. What official position did lie hold under ^Melvin?—A. He held the position 
of assistant district attorney under his father. 

Q. What ofiicial position did he hold under Mr. Hoyt?—A. Assistant district 
attorney. 

Q. Until he was appointed district attorney himself?—A. Yes, sir. 

Q. Did you know what the politics of the Grigsbys was at Nome during those 
years?—A. Yes, sir; I know what they were in Sioux Falls, S. Dak., and also 
at Nome. 

Q. What politics were they?—A. They were Bepublicans. 

Q. And during the years from 1902 to 1910, did George B. Grigsby hold him¬ 
self out as a Republican?—A. He did. 

Q. And affiliated with a Republican organization?—A. Yes. 

(^. After his removal in 1910, what did he do in the way of continuing his 
political affiliations?—A. Well, the next time that I heard of any politics was 
during the winter of 1911, I think it was, 1910, or 1911. At that time Mr. 
Grigsby was identified actively in the Democratic ranks. He was known as the 
“ Baby Democrat.” 

Q. He has been a Democrat ever since?—A. Yes, sir; he has affiliated with 
that party. 

Cross-examination by Mr. Leeiiey : 

Q. You and Mr. Grigsby haven’t been particularly friendly, have you?-— 
A. We never had any personal differences, except as to certain political actions 
that he has taken, or attempted to take. 

Q. Quite a sensational controversy waged some time before he left the ofiice 
of district attorney, didn’t it, Mr. Frawley?—A. I will state I was not in Nome, 
or around there at the time. I was about 200 miles from there, and conse¬ 
quently I don’t know ju.st exactly what took place there at that time. 

Q. It was commonly understood, 'wasn’t it, that one .Tafet Lindberg was 
responsible for Mr. Grigsby’s removal from office; at least was oi)posing him 
politically at that time, was he not?—A. I don’t know as he opposed him politi¬ 
cally, but I do know tliat he opposed him as a proper party to fill the office of 
district attorney. 

Q. Were you not identified with what is known as the Tfindberg faction at 
that time?—A. No, sir; I was not. I never have been. 


688 WICKERSHAM VS. SULZER^ DE('EASEI)^ AND GRIGSBY. 


Q. You were political enemies of Mr. Grigsby ever since lie became a Demo¬ 
crat, were you not?—A. No, sir; I haven’t been. 

Q. Haven’t you counseled and ailvised in the Democratic Party at Nome?— 
A. After ]Mr. Grigsby got into it, I never was invited into bis faction of the 
Democratic l*arty at Nome. 

(}. Then there were factions of the Democratic Party at Nome?—A. Yes, sir. 

And you and INIr. Grigsby have belonged to opposing factions. You were 
not at the same convention with Mr. Grigsby?—A. I will state that I joined 
neither faction. I kept aloof from both sides. 

Redirect examination by Mr, Wickekshaj^i : 

Q. IMr. Liiidberg is a Republican, is be not?—A. Yes, sir. 

Q. Always has been?—A. Yes, sir . 

Q. So when Mr. landberg is alleged to have driven George out of the Repub¬ 
lican Party, be went and joined the Democrats?—A. It was when he lost his 
position as district attorney that he joined the Democratic Party. 

James Feawley. 

Subscribed and sworn to before me this 31st day of October, 1919, 

[seal.] Dwight D, Haetman, 

Notary Puhlie for the State of Washingtoii, residing at Seattle. 

DEPOSITION OF S. J. BAKKE. 

S. J. BAKKE, produced as a witness on behalf of the contestant, having been 
first duly sworn, testified as follows: 

Direct examination by Mr. Wickeesham : 

Q. What is your name?—A. S. J. Kakke. 

Q. How old are you?—A. Forty-nine. 

Q. What is your business?^A. I am with the Moonlight Water Co. 

Q. At Nome?—A. Yes. 

Q. Have you ever held any official position at Nome?—A. Postmaster for a 
term of four years. 

Q. What is your political affiliation?—A. Republican. 

Q. Do you know George B, Grigsby?—A. Yes. 

Q. Do you know his father, Melvin Grigsby?—A. Yes. 

Q. 'When did you go to Nome?—A. In 1899. 

Q. How soon after he came did you know Melvin Grigsby?—A, Oh, I don’t 
know about the time that he come, in 1902 or 1903 I guess. 

Q. What official position did he hold there?—A. United States district at¬ 
torney. 

Q. How long did he hold that office?—A. A couple of years, I guess, 

Q. And what happened to him then?—A. He lost his position, I understand. 

Q. He was removed?—A. Yes, sir. 

Q. Do you remember who was appointed in his place?—A. IMr, Hoyt. 

Q. Henry IM. Hoyt?—A, Yes, sir. 

Q, He was appointed United States district aftorney in IMelvin Grigsby’s 
place?—A. Yes, sir. 

Q. How long did he hold the office?—A. A couple of years, I think. 

Q. He was appointed to some other office, and left the Territory?—A. Yes, sir. 

Q. Who was appointed in his place?—A. George B. Grigsby. 

Q. How long did he hold the office?—A. Oh, I don’t know, but he held it a 
couple of years, I think, 

Q. Until the spring of 1910; is that correct?—A. I think so, 

Q. Then what happened to him?—A. He was removed for cause. 

Q. Did George B. Grig.sby come there with his father in 1902?—A. Yes. 

Q. What did he do then?—A. Assistant district attorney. 

Q. Under his father?—A. Yes, sir. 

Q. Was also assistant district attorney under Mr. Hoyt?—A. Yes, sir. 

Q. He was appointed district attorney himself?—A. Yes, sir. 

Q. So that from 1902, to the spring of 1910, George B. Grigsby was in Nome 
as assistant district attorney or as the district attorney?—A. Yes. 

Q. ,Do you know what political party he tried to belong to during those 
years?—A. Well, I always understood him to be a Republican. 

Q. Were you there in 1908, when the Corson campaign started up?—A. 
Yes, sir. 


WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 689 


Q. Do you know wliethei* he took {uiy interest in the orjjanizatioii of that 
cainpaijjn?—A. I understood that lie was very active with Mr. Heron in that 
cainpaifxn at that time. 

Q. As a Repnlilican?—A. Yes, sir; as a Republican. 

Q. After his removal by President Taft in 1910, do von know what he did 
then in the way of politics?—A. Well, he .joined the Democratic Partv, and 
they.always used to call him the “ Baby Democrat” at that time. 

Q. And he has been a very persistent, earnest Democrat ever since?—Yes. 

Mr. WiCKEKSHAM. That is all 

iMr. Leehey. No cross-examination. 


Subscribed and sworn to before me this — day of October, 1919, 

Xotary Puhlic Within and for the State of 
Wa.shinfiton, Residing at Seattle. 

DKPOSTTTON OF OTTO KRAFT. 

OTTO KRAFT, prodm-ed as a witness on behalf of the contestant, having 
been first duly sworn, testified as follows: 

Direct examination by Mr. Wickershavi : 

Q. You will state .vour name.—A. Otto Kraft. 

Q. How old are you?—A. Fift.v-four. 

Q. AVhat is your business?—A. IMerchant. 

Q. Where do yon reside?—A. Kodiak, Alaska. 

Q. How long have you resided at Kodiak, Alaska?—A. Since 1885. 

Q. Since 1885?—A. Y^es, sir. 

Q. That is 84 years; are you a married man?—A. Well, I was up to last 
summer. 

Q. Your wife is dead now?—A. Yes, sir. 

Q. Have .vou a famil.v?—A. Yes, sir. 

Q. How many children have you?—A. Six, alive. 

Q. Where were they born; at Kodiak?—A. All at Kodiak. 

Q. You are a merchant and have a residence there?—A. Yes, sir. 

Q. Have ,vou made your residence there continuously all the 35 years?—A. 
Yes, sir. 

Q. Were you pretty Avell acquainted with the people in and around Kodiak?— 
A. Yes. sir. 

Q. The.v trade with you. and liaA^e for many years?—A. Yes. 

Q. Are you well acquainted witli the people on the Afognak Island?— 
A. Yes. 

Q. How far is Afognak from Kodiak?—A. About 28 miles. 

Q. Are you about as well acquainted with the people on Afognak as you 
are at Kodiak?—A. Yes. 

Q. Do any of them trade with you?—A. l^es. 

Q. Flow long have they traded with you?—A. Since I have been in business 
foi- myself, from 1908. 

Q. And before that you knew them?—A. I knew them; yes. sir. 

Q. What were you engaged in there before 1903?—A. I was emploj’ed by 
the Alaska Commercial Co. and the North American Commercial Co. 

Q. Thei-e at Kodiak in the mercantile business?—A. Yes, sir. 

Q. Has your acquaintance with the people at Afognak been very intimate, 
or otherwise'? Have you known them very well?—A. Very well. 

Q. How often do you get to see them?—A. They are back and forth, some 
of them, all the time between Afognak and Kodiak. 

Q. Do you know the merchants over at Afognak?—A. I know them all. 

Q. Who is engaged in the mercantile business over there?—A. Herman von 
Scheele. 

Q. How long has he been in business there?—A. Almost since I have, as. 
near as I can remember, since I have been in Kodiak. 

Q. What other merchants are there at Afognak?—A. Charlie Pa.ioman. 

Q. How long has he been in business there?—A. I think 12 or 13 years. 

Q. What other business man is engaged there?—A. E. Peteelen. 

Q. What business is he in?—A. They are all merchants. 

44 


151279—20 







690 WICKERSHAM YS. SULZER^ DECEASED, A^^^D GRIGSBY. 


Q. How long has he been engage!] in l)usiness there?—A. He used to be in 
Hope for tlie Alaska Commercial C'o. 

Q. Are there any other business houses there?—A. No, sir. 

Q. Those are the stores?—A. Yes, sir. 

Q. How many people reside at Afognak?—A. I don’t know; I l)elieve some¬ 
where around MOO. 

(I. How long have they resided there?—A. I don’t know. That settlement 
has been there ever since I got to Kodiak. 

Q. Have they got a church at Afognak?—A. Yes, sir. 

Q. What sort of church ha\'e they got there?—A. A Greek C’atholic (duirch. 

Q. Is there a similar church at Kodiak?—A. The same. 

Q. As a matter of fact, Kodiak and Afognak are among the old established 
Ivussian settlements, are they not?—A. Yes, sir. 

Q. You know the people generally at Afognak. What kind of people they 
are?—^A. Well, they are mixed blood, some of them call themselves Creole, and 
some call themselves Aleuts . 

Q. Are there some Russians?—A. The full blood Russians, not that I know of, 
except Charlie Pajoman, he is a Russian. 

ii. There are a great many mixed i)loods there?—A. Yes, sir; most of them 
mixed. Of course, there are soine white men. 

Q. How do these ])eople dress?—A. Like any other; like the white men. 

Q. Do they all wear clothes just like you do?—A. Yes, sir. 

Q. Do they Inue homes?—A. They all got their own homes. 

Q. AVhat kind of homes do they have?—A. Log houses, like most generally 
all the log houses in that i)art of the country. 

Q. Afognak is in the Jugak Forest Reservation, is it not?—A. Yes. 

Q. Is there timber on the Afognak Island?—A. Yes, sir. 

Q. Is there any sawmill there?—A. They established, Charlie Pajoman is 
going to establish one there now. 

Q. But there never has been one there?—^A. No. 

So-such buildings as they put up, ihey had to either bring the lumber in 
or build the log houses?—A. Yes, sir. 

Q. Do many of those native peoide read and write?—A. Not many. 

Q. Some of them read and write?—^A. Some of them do, but in Kodiak, I 
guess over half of the older generation can’t read or write. 

Q. But the younger ones can?—A. Oh, yes. A school was established there 
in the fall of 1886, and we had the first school in Kodiak then, and I presume 
Afognak wes many years later. 

Q. Is there any Indian reservation of any kind that you know of?—^A. No; 
there is not. 

Q. How long has the Russian Greek Church been located in that neighbor¬ 
hood?—A. That is over 100 years. 

Q. It was long before you came there?—A. Yes, sir; over 100 years. 

Q. AAdiat kind of looking church have they at Afognak?—A. A nice building; 
not quite as large as in Kodiak, but they have got churches in all of those 
settlements on Kodiak Island; even among what we call the Aleut settlement. 
There is no priests; they hold their own services. 

Q. All those people belong to church, do they ^lot?—A. Oh, yes, sir. 

Q. AAdthout any exception?—A. Without any exce])tion. 

(). The Greek (’atliohc Church was established there by the Russians when 
they first made settlement on the island?—A. Yes, sir. 

(]. What kind of })eoi)le are they with respect to obeying the laws?—A. The 
same as any other people. They obey the laws. 

Q. Some of them i-ea<l and wVite, and some do not, you say?—A. Some do not. 

(^. But they all live in their own separate homes?—A. Yes, sir. 

Q. Do they have any cattle?—A. Yes; a good many of them have cattle, the 
same as in Kodiak. 

(j. How long have they had cattle?—A. Ever since I came to the country. 

Q. The.v had chickens around?—A. (’hickens. 

(}. Do they make gai'dens?—A. Yes, sir. 

(). Is that true of all of them, or is there any i)articular body of them that is 
different?—A. Not to my recollection. 

Q. So far as you are acquainted with them, they all act about alike?—A. They 
all act about alike. 

Q. Is there any particular difference between those people at Afognak, and 
those at Kodiak?—A. Well, in Kodiak, of course they may be a little more sty- 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 


691 


lish, more up to date, than they are in Afogiiak. They have steamer connection 
and all this, and Afognak has not. 

Q. lint so far as their citizensliii) is concerned, their general charcter, etc., is 
that any different?—A. No, sir; none. They liave better liomes in Kodiak, of 
course, than tliey have in Afognak, being a larger place. 

Q. Wliat kind of homes do tliey liave in Afognak? Are they comfortable?'— 
A. Comfortable homes; yes. 

(y Wliat do tliey have in their homes?—A. Furniture, according to their 
means. 

(y Wliat would yon say with respect to these native people there at Afognak, 
ami the Creoles, and what yon call the Alentes, as to their being civilized or 
uncivilized?—A. They are all civilized. There are no uncivilized people there. 

Q. Do they act together as a tribe of Indians do?—A. No, sir; not that I 
know of. 

i}. Do they act like white people in their dealings?—A. Yes, sir; always act 
alike. 1 can’t tell the difference lietween the Creoles and the Alentes. 

D- t^an yon tell any particular difference between those people who live at 
Kodiak, and those who live at Afognak?—A. No, sir. At Kodiak there may 
be more, or a good deal more, of intelligence than at Afognak. They have 
had better schooling.. 

Q. In other wortls, they have had schools longer at Kodiak?—A. Yes, sir; and 
the.v mix more with the whites. 

Q. Do they have picture shows at either place?—A. They have at Kodiak, 
but the.v have not at Afognak. 

Cy lint they have schools at Afognak?—A. Yes, sir. 

Q. And a church?—A. They have three teachers there. 

Q. Do the natives and the Creoles there go to school, the children?—A. Yes. 
sir. That is compulsory now. 

Q. What bnsines do those pe(>ple at Afognak follow?—A. Fishing, and hunt¬ 
ing, and working in the canneries. 

(y Is that the same kind of business as those people at Kodiak follow?— 
A. Yes, sir; the same l)nsiness. 

Q. How about being good, law-abiding citizens?—A. They are good, law-al)id- 
ing citizens. 

Q. Do they compare favorably in that respect with the white people?—A. Yes, 
sir. 

Q. Are they a timid sort of i)eople?—A. They are. 

Q. Tell me about that.—A. They are not rough oi‘ boisterous. 

(y They are a gentle, quiet sort of people?—A. They are gentle and quiet; 
yes, sir. 

Q. Do yon know where those people were born who reside at Afognak?— 
A. The.v were born* in Afognak. 

Q. Tliey have been born there, and lived there all their lives?—A. Yes, sir; 
born there and lived there all their lives. 

Cy And live in their own homes?—A. Yes. 

(y They don’t have commnnity houses, do they?—A. No. 

(y Each family has its own house?—Yes, sir; each family has its own house. 

Q. What portion of them own a cow, or cattle,'Or chickens, or pigs, or live 
stock—A. That I don’t know. I diiln’t get very often over there, maybe once 
in two or three years. 

(y Yon met them at Kodiak?—A. No, sir; I may take a trip to Afognak. 

(y But generall.v, I say, yon met them in Kodiak—A. Generally I met them 
in Kodiak. A good many of them are employed by the Kodiak Fisheries Co. 
there, right in Kodiak. 

fy Are they good workmen?—A. Yes, sir; some of them even have got a car¬ 
penter trade. 

(y Do they build boats?—A. Boats and houses. 

(y Do any of them own motor boats’?—A. No. 

(y Wliat kind of boats do they use'?—A. Generall.v dories. 

(}. They have not got to the motor-boat stage at Afognak yet?—A. No. Gf 
course, they have got a good many motor boats at Kodiak. There are a few of 
them at Afognak that have got these Evenrndes, outboard motors, maybe three, 
or four, or five. 

Hr. WiCKERSHAM. That is all. 

Hr. Leehky. No cross-examination. 

Hr. Wi(’KEKSii.\M. It is agreed between the contestant and contestee that the 
witnesses in this case may sign the depositions if they remain long enough; 


G92 WICnvERSHAM VS. SULZER, DFA’EASED^ AND GRIGSBY. 


otherwise their testimony may he taken witliont their si.i 2 :natnres. Is that satis¬ 
factory, ]Mr. Leeliey? 

INIr. Lkehky. I a^ree to that on hehalf of the eontestc'e. s 

Otto Kraft. 

Snhserihed and sworn to before me this 31st day of ()ctol)er, 1019. 

[seal.] Dwight D. Hartman, 

Notary J*i(hUc in and for the State of Washinytoii, resUtiny at Seattle, 

DEPOSITION OF RINGM’ALD BLIX. 

KIXGWALD I>LIX, ])rodneed as a witness on hehalf of the contestant, hav- 
iiiLf bc^en first duly sworn, testihcMl as follows: 

Direct examination by Mr. Wickersham : 

Q. Yon may state your name.'—A. liinjiwald Blix. 

(J. IVhere were yon hornV—A. In Xorway. 

Q. Are yon a citizen of the United States?—A. Yes, sir. 

(J. A full citizen?—A. Yes, sir, 

Q. How old are .von?—A. Forty-seven. 

Q. Where do yon reside?—A. Coiiper Center, Alaska. 

(}. How lonj? have yon resided at Copper Center, Alaska?—A. Since 1898, 

(-h Yon vrere one of the ori.^inal locaters at Copper Center?—A. Yes, sir. 

Q. What has been your business thcn’e?—A. Mercantile, and hotel, and road- 
honse. 

(}. AVhat otiicial positions have yon held there?—A. Postmaster and United 
States commissioner. 

Q. Do yon own ])roperty there now?—A. Yes. sir. 

Yon have owned the hotel there, and the various other buildings in the 
town, and lichen iiistrnmental in building np the town all those years—for 20' 
years?—A. Yes, sir. 

Q. AVhen were yon postmaster there?—A. From 1901 to 1918. 

Q. In 1918 yon resigned, or left there for the outside?—A. Yes, sir, 

Q. There was trouble about the apiiointment of postmaster when you left 
there, was there not?—A. Yes. 

Q. Yon owned the building where the post office was kept?—A. Yes, sir. 

Q. And you naturally wanted the post office to be kept in your building?— 
A. Yes, sir. 

Q. Was there a proposition of removing the post office from j’our place?— 
A. There was. 

(h AVhere to?—A. To .John McCrearie’s place. 

(}. About how far from Copper Center was that?—A. A hhlf mile north of 
Coi)per Center. 

(). Outside of the settlement?—A. Y>s, sir. 

Q. And away from where people did business?—^A. Yes, sir. 

(}. Did you oppose that movement to move the post office?—A. I did. 

(}. Did the people there take a good deal of interest in Copper Center?—A. 
YTes, sir. ^ 

Q. What was done about the matter. Mr. Plix ; did you consult the Democratic 
officials about the matter?—A, Y'es. sir. 

Q, Whom did you consult?—A. One .Tudge Irwin, United States marshal of 
the fourth division. I think I can explain that. 

0. If you have any exi)lanation to make about the matter, go ahead and do 
it.—A. About .Tanuary, 1918, I had contracted to dispose of my interest there 
in the hotel, and mercantile business, to a man by the name of Ditman, and, 
as I wanted to be relieved of the postmastership, naturally I recommended 
him as my snccessoi- to the Post Office Department, and I wrote them to 
that effect and recommended this man Ditman. In the meantime, .lohn 
INIcCrearie heard about my resignation as postmaster, and he took it up with 
one T. .1. Donohue, the Democratic committeeman, to get the appointment 
himself. 

(h Air. Donohue resided at Valdez?—A. Air. Donohue resided at A'aldez. And 
Air. Donohue took up the matter with Air. Sulzer at Washington at that 
time, the Delegate from Alaska, and I found out about it, and took up a 
petition signed by all the patrons of the office, objecting to the appointment 
of Air. AIcCrearie, as well as the moving of the post office to his place. About 
April 19, Judge Irwin- 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 693 

Q. ihat is iMarslial Irwin of Fairbanks?—A. iNIarslial Irwin of Fairbanks 
^aiiio throngli (N)i)i)er Center on his way to the States, and I took U]) the 
inatter with liiin repu'ding the ai)i)ointnient of the proper man that the people 
in the eonnniinity wanted for postmaster, and, knowing that .Tndge Irwin 
wonld have more inlluenee in Washington than i>robably ^Ir. Donohue and 
Ml. Snlzer eombined, I took the matter np with 1dm, and he led me to believe 
that he could have the otiice kept where it was at that time; also the proper 
man ai)i)ointed, and i\Ir. iNIcCrearie’s name withdrawal upon his arrival there 
at Washington. 

Q. Mell, what w'as done about it?—A. I took np the ])etition, circulated it, 
and had it^ sigiunl by tbe patrons of the ollice, and mailed it to Marshal 
Irwin at Washington, I). C. I think that is about all, up to the time that 
these telegrams took place. 

^ Q. W hat sort of an arrangement did .Tudge Irwin think oiiglit to be made 
in consideration of his procuring these things for you and the patrons of 
the office.’' -A. That they should, in turn for that, favor INIr. Sulzer at the 
Iirimary election. 

Q. And at the fall election too?—At that time the general election wasn't 
spoken of. 

(-T W as it later—A. Kut that naturally would come later in the turn. 

Q. Did you receive any telegram from .fudge Irwin about the matter?—A. I 
did. 

Q. I show' you a telegram here, dated April 22, 1918, signed by L. T. Irw'in, 
and ask you if you received that from :Marshal L. T. Irwin?—A. Yes, sir. 

Q. fie was at that time in Cordova?—A. Y^es, sir, 

Q. It W'as just after he had passed through your place going ont to the 
coast?—A. Y^es, sir. 

Q. And that relates to matters and things that you have been talking about?—■ 
A. Yes, sir. 

Q. To his agreeing to maintaining the post office and procuring your post¬ 
master to be appointed at Coiiper Center?—A. Yes, sir. 

Mr. '\VicivEKSHA]\t. I offer that in evidence. 

IMr. Leeiiey. I object to it as being incompetent, immaterial, and irrelevant, 
and no connection being show'n w'ith Ylr, Sulzer or anybody authorized in his 
behalf. 

(Paper marked “Contestant’s Exhibit P> ” and attached hereto.) 

Q. Did you receive any telegram from Marshal Irwin later than that?—A. 
I did. 

Q. I show' you a telegram dated Washington, D. C., May 14, 1918, signed 
■“ L. T. Irw'in,” and ask you if you received that telegram?—A. I did. 

Q. I w'ithdraw' that for a moment, and offer the witness a telegram dated 
Ylay 2, 1918, addressed to Charles A. Sulzer, House of Representatives, Wash¬ 
ington. I). C., and signed by R. Rlix, postmaster, and I w'ish you w'ould state 
if you sent that telegram to Ylr. Sulzer at the date it bears?—A. Y"es, sir. 

Q. That W'as after the primary election had been held?—A. Yes, sir. 

Q, WTiat W'as the date of the primary election?—A. I can’t quite recollect; 
April 30, I think. 

Q. I’w'o days before this telegram w'as sent?—A. Al)out tw'o or three days; 
shortly before anyw'ay, 

IMr. WicKERSHAM. I offer this telegram in evidence, and ask to have it 
marked as an exhibit. 

IMr. Leehey. I object to it as being incompetent, immaterial, and irrelevant. 

(Telegram referi ed to marked “ Contestant's Exhibit C ” and attached 
hereto.) 

(}. Now', this telegram from Washington, D. C., dated IMay 13, signed by 
L. T. Irwin, w'as received subsequent to your sending this other one to Ylr. 
Sulzer?—-A. Y^es, sir, 

Q. And you received that telegram?—A. .Judge Irw'in sent me this in reply 
to the one I sent. I expected a reply to mine from Ylr. Sulzer, but Mr. Irwin 
wired for him as w'ell as for himself. 

Mr. WiCKEESHAivr. I offer that in evidence. 

IMr. Leehey. I w'ould like to ask a question of the w'itness to explain the ap¬ 
parent changes on the telegram, 

Ry Mr. Leehey : 

Q. It appears to have been signed by Lieut. Irw'in, and the w'ord “ Lieu¬ 
tenant ” striken out and the capital letters, and initials “ L. T.” w'ritten on 


694 WICKEKSHAM VS. SULZER^ DECEASED, AKD GRIGSBY. 


it?—A. That wtis a mistake of the operator in charge. He didn’t get that 
right. . 

Q. How do yon know that?—A. I called his attention to it at the time, and 

he corrected it. 

Q. Yon asked him to make the correction, and he did so?—A. Yes, sir. 

Hr. WiCKEKSHAM. “ L. T.” are the initials for lieutenant also? 

A Yes sir. 

Q*. Hr.’Irwin’s name is L. T. Irwin?—A. Yes, sir; that is correct. 

Hr. WicKERSHAM. I oftVr it in evidence. 

:Mr. Leehey. I (►h.ject to it as being incomiietent, immaterial, and irrelevant. 

(Telegram referred to is marked “Contestant’s Kxhihit H,” and hereto at¬ 
tached. ) 

By ]\Ir. Wickersham : 

Q. Do yon know what INIr. Snlzer did with respect to these matters that yon 
were telegraphing about in the way of getting the post office retained for yon, 
and vonr postmaster appointed, in Washington?—A. Yes, sir. 

Q.'what was done?—A. Judge Irwin and Hr. Snlzer went np to the Second 
Assistant Postmaster General- 

By Hr. Lp:ehi:y : 

Q. Are yon testifying from yonr personal knowledge or hearsay?—A. From 
onr conversation with Judge Irwin. 

(}. From what Judge Irwin told yon?—A. Yes, sir. 

]Mr. Leehey. We object to repeating what Judge Irwin told him. He is not 
a party to this contest. 

By Hr. Wickersham : 

Q. Who is .Indge Irwin?—A. Fnited States marshal of the fourth division. 

Q. At Fairbanks, Alaska?—A. Yes. 

Q. He is a Democrat, is he?—A. Yes, sir; to my knowledge. 

(j. And Hr. Snlzer was a Democrat?—A. Y"es, sir. 

Q. And .Indge Irwin was one of Hr. Snlzer’s particular friends and boost¬ 
ers?—A. Yes, sir. 

Q. And was working for Hr. Snlzer in those matters?—A. Yes, sir; from 
the interest he took on his way out over the trail, on his way to Washington, 
it seems that he was. 

Q. Well, is he still in office as Fnited States marshal at Fairbanks?—A. To 
my knowledge he is. 

(}. Now, at the following election did the same arrangement and considera¬ 
tion go? Did the patrons of the office, INIr. Detman, and those people there, 
come through with the votes as they had agreed?—A. It seems so, more so 
than at the primaries, because Hr. Snlzer got all there. 

Q. He got all the votes?—A. He got all the votes at the general election. 

Q. On November 5, 1918?—A. Yes, sir. At the primaries- 

(L I got one.—A. Hr. Snlzer got 17 and INIr. AVickersham 1. 

(}. AVe were not candidates, however, for the same office in the primaries. 
I mean to say, I was a candidate for the Republican nomination, and he was 
a candidate for the Democratic nomination for delegate?—A. Yes, sir. 

Q. It was not an election to determine who shonld l)e elected, hnt who should 
he nominated?—A. That is correct. 

Q. And he was being opposed by a man named Haloney?—A. Yes. 

Q. And I had no opposition for the Republican nomination, is that right?—A. 
Yes, sir; that is right. 

Q. AAJien the fall election, on November 5, came on, I received no votes at all 
there and Air. Snlzer received all of them?—A. Yes. 

Q. And that all arose from this agreement about the post office and the 
appointment of the postmaster; is that correct?—A. Yes, sir. 

Q. Theretofore I had received a good many votes always at the Copper 
Center, had I not?—A. A"es, sir; the record will show what you received before. 

Q. But by reason of this agreement I received none on November 5, 1918, 
did I?—A. You received none. 

Cross-examination by Air. Leehey : 

(}. You say the fact that all the votes of Copper Center precinct were cast 
for Air. Snlzer in the 1918 election, all results from this arrangement over the 
postmaster; how do you know that; what means have you of knowing that to 
be a fact, or is it just your conclusion or deduction?—A. I have lived there and 




WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. .695 


been there since and talked with those people that voted, and it was in con¬ 
sideration of the i)ost oliice heinj? kept where it is, they thought. 

, Q. They were pleased with Mr, Sulzer’s action in doing it, weren’t they?—- 
xV. That they were hound to vote for it. 

Q. Tliey were pleased with the fact that he kept the post office where they 
wanted it, weren’t they?—A. At that time it seemed so. 

Q. And they thought that in doing so that he had done for their interest what 
they expected of a Delegate to do, did they not?—A. Yes, sir. 

Q. They thouglit his action in keei)ing the post office where practically 
everybody in the community wanted it was a very proper action to be taken by 
the Delegate from the Territory, did they not?—A. It was at that time. 

Q. And they approved ins course in doing it?—A. l>s. 

Q. Didn’t you say in your direct examination that the talk you had with 
Judge Irwin, and this very arrangement related only to the primaries?— 
A. At that time. 

Q. Was there anything said about the fall election in your talk with JMarshal 
Irwin?—xV. In his wire from Washington it states, if you have read that. 

Q. I am not referring to the wire, I am referring to the talk you had with 
him. The wire will speak for itself. Was the fall election ever mentioned in 
any of the conversations you had with Judge Irwin?—A. Yes, sir; it was. 

Q. How and when?—A. Well, at the time when he left there. 

Q. That was before the primary election, wasn’t it?—A. Y^es. 

Q. What was said about the fall election?—A. He said he hoped we would 
stick to him and give him a pretty good showing. It was a foregone conclusion 
that he would get those votes then. 

Q. It was a foregone conclusion that he would get them at the i)rimary or 
general election.—A. At the primary. 

Q. That was the subject that was under discussion at that time, was the 
primaries?^—A. Yes. 

Q. xVnd his contest that the i)rimariea was with Mr. Maloney? That was 
what was then discussed?—A. Yes; but the general was also mentioned. 

Q. But the general was also mentioned. What do you mean by “general”?— 
xV. General election was also mentioned. 

Q. Who mentioned it?—A. Judge Irwin and myself, when he left there. 

Q Didn’t you just say in direct examination that the talk was then all about 
the primaries?—xV, Not all together, but most naturally the primary came so 
many months ahead of the general election, and it would be natural it would 
have something to do when the general election came around. 

Redirect examination by Mr. Wickersham : 

Q. So the understanding really was that this consideration covered both 
elections?—A. Yes, sir. 

Mr. Leehey. That is. that is your conclusion, or deduction was that it was 
to cover both elections? 

A. Yes, sir. 

Ringwald Blix, 

Subscribed and sworn to before me this 31st ,day of October, 1919 

Dwight D. Hartman, 

Notary Puhlic in and for the State of Washi'nyton, residing at Seattle. 

(And thereupon an adjournment of the taking of depositions ^yas taken until 
2 o’clock p, m., same day.) 

At 2 o’clock p. m., October 24, 1919, pursuant to the adjournment, the taking 
of deixisitions was resumed, as follows: 

DEPOSITION OF WAETER H. JOHNSON. 

WALTER H. JOHNSON, produced as a witness on behalf of the contestant, 
having been first duly sworn, testified as follows: 

Direct examination by Mr. Wickersham : 

Q. IMease state your name?—A. Walter H. Johnson. 

Q. How old are you?—A. Thirty-six. 

Q. Where do you reside now?—A. Seattle. 

Q. Have you ever resided in Alaska?—A. Yes, sir. 

Q. When?—xV. From 1909 until 1918, September. 


696 . 


WIC’KEESHAM VS. SULZEE^ DECEASED^ AND GEIGSBY. 

Q. During those nine years, ^yh5lt was your business in Alaska?— A. For 
eight and a half years, ai)proxiniately, 1 was connected with the Government; 
superintendent of schools, assistant superintendent. 

Q. Where were you located?—A. Nome, and St. Michael, Unalakleet. My 
headquarters first were at Lhialakleet as supeiintendent. ' 

Q. How long did you live at Unalakleet?^—A. Most of my time was spent in 
traveling, but I received my mail, and so forth, at Unalakleet. For a year my 
headquarters were at Unalakleet, and St. Michael about three years. 

Q. And at Nome?—A. Five years. 

Q. Are you ac(piainted with the natives at Unalakleet and St. Michael and 
Nome?—A. Yes, sir. 

Q. You knew them during those years?—A. Yes, sir. 

Q. What business relations did you have with them as superintendent of 
schools there?—A. A go/)d many of those men were put in charge of various 
fields of endeavor by me as superinfendent. I took Unalakleet men with me 
as guides on the trail, and I put Unalakleet men in charge of our reindeer 
herds, woidh thousands of dollars, complete charge, and would leave them for 
months at a time,’buying, and dispensing of supplies to the various herders. 
The chief herders’ duties include that. And they sailed my boat, schooners, 
made their own schooners, and anything that I needed done in that section, 
from interpreting to hauling me around with dog team or reindeer. 

Q. How many people generally reside at Unalakleet’.'—A. At that time there 
were between 300 and 500. They are sort of Nomadic. They camp within a 
radius of 20 oi- 80 miles in the summer time and come home in the winter 
time. 

Q. They come home in the winter time?—A. Yes. 

Q. They go off to fish?—A. Yes, sir. 

Q. Was fhe school there at Unalakleet?—A. Yes, sir. 

(}. AVhat kind of a school?—A. A school with three teachers. 

Q. Under your supervision?—A. Yes, sir; a. Government school. 

Q. What class of people attended that school?—A. They were very intelli¬ 
gent. The older pupils, these children are, as a rule, intelligent, and adapt 
themselves readily to the customs of the whites, if given an opportunity. 

Q. How many children attended the school under your supervision?—A. 
From 70 to 90. 

Q. You had three teachers?—A. Yes, sir. 

Q. AVliat kind of schools?—A. Very modern schools. 

Q. Built by the Government?—A. Yes. 

Q. Is there a reservation there, or what sort of a tract of land do you have 
there?—A. .Just a small lot; perhaps an acre in extent. 

Q. For the schoolhouse?—A. For the schoolhouse. The natives have their 
own lots. In the early days a village was sort of platted, and each native 
allowed a certain lot, or portion of a certain lot. 

Q. In other words, they lived separate and apart there?—A. Yes, sir. They 
even have their own lots, as you might say. 

Q. Their own houses?—A. Their own houses, a good many frame houses, 
and log cabins. The frame houses were very well built. They have to be to 
stand the severe winters. 

Q. How do the houses compare with the houses inhabited by white people in 
tliat country?—A. As a general average they are better than the white people 
live in. The natives are there for life and the white men are perhaps there 
for just a week. 

Q. What sort of furniture did they have in their houses?—A. A good many 
natives have furniture that is made in the manual training school. There is 
a manual training school in connection with the Government school, and in the 
manual training school a good many household articles of furniture are made. 
INIany natives are good carpenters, and in Unalakleet they send out for supplies 
to Sears & Roebuck, and buy them at St. Michaels. Tliere are many ranges, 
sewing machines. IMost of the families have sewing machines; several organs, 
l)honographs, etc. 

Q. Tliey have phonographs, organs, and sewing machines?—A. Yes, sir. 

Q. How many rooms do they have in their houses?—A. Generally two rooms. 
There are a few that have three. 

Q. And the houses are fit for habitation?—A. Yes, sir. 

Q. How many of those people there at Unalakleet can read and write?—A. 
All of the younger generation practically. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


697 


Q. By “ yoiinsier generation,” what do you mean? How old do yon intend 
to include?—A. The last two decades, say 20 years; that is, children u]) to 25 
or 30 years of age. 

Q. What church is established there?—A, There is a Swedish Evangelical. 

Q. There is a minister of that church there?—A. Yes, sir. 

Q. What kind of church have they?—A. Of course, it is a frame church. 
It is quite a l)uilding. The natives carry on, in the absence of the minister, 
the native's have their own services, and have their own deacons, and they 
l)reach, and if ne'cessary, anothei- native interprets hack to the E.squimaux, 
and the man will talk Eseiuimaux, or English. One service a day is held in 
Esquimaux alone'. It is held in Esquimaux language, for the reason that the 
parents, the older peo])le, can not understand the English language very well. 

Q. How many peniple are there of Bussian l)h)od, have lUissian ])lood in 
them?—A. I don't know of a single one that has really Russian hloe)el at Una- 
lakU'et. 

Q. Tliewe are half-breeds among them?—A. Yes, sir; a good many half- 
breeds. 

(}. They are all of English l)lood you say?—A. Y'es, sir. 

(2. How many of them have arrived at the age of manhood and woman¬ 
hood?—A. Well, there are about a dozen of boys and girls, I should say, of 18 
or 20. 

Q. Tliat are above 21?—A. And near that age. 

Q. How many women there of native blood are married to white men?—A. 
The last time I was there there were about eight. The white men move fre¬ 
quently. They come back, because the native women insist upon them coming 
back to see their folks. 

Q. Do they have homes there too?—A. Yes. 

Q. The white men who are married to native women there, do they live in 
any better houses than the other natives do?—A. They do not. They generally 
try to rent some native man’s house, because it is, as a rule, better constructed 
than the average white man’s house is built or constructed there. 

Q. How do those natives at Unalakleet compare with those over at St. 
Michael in civilization and their general character as citizens?—A. To the 
best of my knowledge, the natives at Unalakleet are the furtliest advanced of 
any natives along the northwestern coast. They live in better homes. They are 
better educated, better dressed, and cleaner, and their food is better than any 
natives I have seen in the northwest and western sections of Alaska. 

Q. And in all respects you think they are superior to those over at St 511- 
chael?—A. Indeed I do. 

(}. You know the natives at St. 5Iichael vote, do you not?—A. Yes, sir. 

Q. And those at Unalakleet vote?—A. Yes, sir. 

Q. How long have they been casting a ballot?—A. I am not positive of that, 
but I believe at least two previous elections. 

Q. That is, 1914, 1910. and 1918?—A. Yes. sir. 

Q. They all voted at those three elections?—A. As I recall. 

Q. l^ou are not sure about them voting prior to that time?—A. No. 

Q. What particular influence tends to control them at St. 5Iichael. if you 
know, in the matter of politics and voting?—A. In general, a man who is doing 
a favor to the natives any time, unless the native is well educated, that man 
can control them as to their vote—tliat is, they will do as he wishes; whereas 
if they are educated, and have heard both sides of any question, it is almost 
impossible to turn them. Up to the time of voting they may feel that they will 
do as you expect them to, but at the actual casting of their ballot they will mark 
it their own way. That has been proven. 

(^. In other words, they are pretty independent?—A. Very independent at 
Unalakleet; they are so. 

Q. They are independent at Unalakleet?—A. Yes, sir; at St. 5Iichael and 
other places where rhe native is not as far advanced in civilization the.v will 
follow the directions of the leader. 

Q. Do you know who has a good deal of control over them at St. 5Iichael; 
do you know?—A. Judge Koen. 

Q. The commissioner over there?—A. Yes, sir; the commissioner has control. 

Q. Isn't it true that he has a very powerful influence with them in the matter 
of elections at St. 5Iichael?—A. Judge Koen has a powerful influence over the 
natives of St. 5Iichael. He is their hanker, their adviser, he lines them, and 
clears them, and, in fact, he has more to do with the natives of St. 5Iichael than 


698 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


{iny man I know. I believe a good many of them would respect his wishes in 
anything. 

Q. And do about what he wanted them to do?—A. Yes. 

Do yon think that anylxxly has exerteii inllneiice of tliat kind over the 
natives at Unalakleet?—A. I do not. 

Q. Your experience with tliem is that they are more independent than the 
natives at St. ^lichael?—A. Yes, sir; I believe so. 

Q. Do they have any tribal relations at Unalakleet?—A. None that I know of. 
They don’t even have a Kazhim. 

Q. What is that?—A. That is a community lodge, or dance hall, you might 
say. A community dance hall at night and workshop in the daytime. 

Q. But they don’t have anything of that kind at Unalakleet?—A. They don’t 
have anything of that kind at Unalakleet. At Unalakleet they have a building 
for manual training. 

Q. Instead of a Kazhim?—A. Yes, sir. And they have a church, where they 
get together three times a week. 

Q. Tliey have no chief at Unalakleet of any kind?—A. None that I ever 
heard of. 

Q. And no tribal relations at all?—A. No, sir; no tribal relations at all. 

Q. Yon think, as a matter of fact, that at Unalakleet they have severed all 
their tribal relations?—A. Yes, sir. 

Q. And they live separate and apart from any tribe in their own home?—A. 
Yes, sir; there is no man designated as chief; whereas at St. IMichael there 
are two designated as chiefs. 

Q. But even there the chief does not have much influence?—A. No, sir; no 
influence to speak of, except with a few of the old superstitious natives. 

Q. But with all the younger people they have given up the hlea of chiefs, even 
at St. Michael?—A. Yes, sir. 

Q. What would you say as to the natives at Unalakleet being civilized?—A. I 
believe the natives at Unalakleet are civilized as any community, I would say, 
in the Northwest, or the western section of Alaska can be, where the population 
has as great percentage of natives as at Unalakleet. The \vhites populate a 
great many of the better native villages that they care to, 

Q. Do those men at Unalakleet build boats?—A. Yes, sir. 

Q. Have they any boats there?—A. Yes, sir; .several. 

Q. What kind of boats have they?—A. Schooners and power boats of various 
sorts. 

Q. They are good carpenters and l)oat builders?—A. Very good. 

Q. Do they work with white people, a good many of them?—A. A good many 
of them, and a good many of them work for themselves independent. 

Q. Wliat do those do who work for themselves?—A. They take out lumber 
and saw it, and build boats, and build houses, and put them up. 

Q. They are artisans and mechanics?—A. Yes. 

Q. What do those do who work with white people?—A. They often go over to 
St. Michael and work on the boats in the summer, some of them. Some of 
them mine coal, some of them cut wood ; that is, timber and drift it down. A 
good many of them flsh and cure fish in various w^tys. They are provident. 

Compare those people at Unalakleet with all the people in Alaska; do 
you think they are entitled to vote if any other native in Alaska is entitled to 
vote?—A. I believe that the natives at Unalakleet are better prepared to vote 
than any native in western and northwestern districts of Alaska. 

Mr. WiCKEKSHAM. That is all. 

Mr. Leehey. No cross-examination. 

Subscribed and sworn to before me this-day of October, 1910. 

Xotary Pnhlic m and for the State of Washington, residitH/ at Seattle. 

UEPOSlflON OF JAMES WICKEESHAM. 

.FAMES WICKEKSEIAjM. pivjduced as a witness in his own behalf, having 
been first duly sworn, testified as follows: 

Direct examination : 

Witness. :My name in .Tames Wickersham; I am 62 years old and contestant 
in this case. 

In the summer of 1918 I made a tour of the Nome country and visited St. 
Michael. I did not go to Unalakleet; but while I was at St.'Michael I met a 





WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 


699 


nimiber of the riialakleet men at St. :\Iichael in company with the minister of 
the Swedish Evanjrelical Chnrcli at Tnalakleet, and liad a lon.t? conversation 
with them. I talked to the minister and to the men themselves aixnit the neces¬ 
sities of their locality, and they expressed a very decided interest in political 
matters as well, and told me they intended to support me at the coming; elec¬ 
tion oji Novemher 5. They were an intellijrent body of men, well dressed, and 
seemed to me to he a superior class of people. At the same time I met many 
of the nativv^s at St. Michael: and I was not as well impressed with them as 
I was with the natives from Enalakleet, because I fonnd them not as well 
ediK'ated, and they did not exhibit the same inde]i(nidence in political matters 
as those from Gnalakleet. .Indije Koen is the United Stat(‘s commissioner at 
St. iMichael and also assistant collector of customs, and he seemed to have a 
very i)i-ononnced intlnence over the natives at that place. iNIr. Koen is a very 
l)artisan Democrat and was doins everything at that time that he could to vote 
the natives at St. Michael for my o])iionent, Mr. Snlzer: and, in the fall election, 
as in the precedin,i; election, tliey voted almost nnanimonsly for i\Ir. Snlzer. 
Their homes in St. iMichael are very poor, shabbily bnilt, in a little bnnch, or 
crowded Esqimanx village, very dirty, and of very poor construction, and, in 
my jndA'ment, it is about the poorest and most de.uraded Indian villai 2 :e aloni; 
the coast. I have visited all of the native villages from Cape Urince of Wales 
to Bristol Bay and thence along the south shores of Alaska, except Unalakleet, 
and I think that that one at St. Michael is the worst. Certainly there is no 
compai’ison between the men that I saw from Unalakleet and those at St. 
iMichael. Those at Unalakleet wei'e well-dre.ssed, clean, manly-looking well- 
edncated fellows, in comi)arison with those at St. Michael. 

In the taking of testimony in Alaska under the resolution lO.") passed by 
the House of Bepresentatives, I have had a great deal of ditliciilty to get the 
taking of depositions started, becanse when the resolution passed on .Inly 28, 
I was in Washington City. It took me several days to go from Washington 
City to Seattle and a considerably greater length of time to get the papers 
from Seattle to the various points in Alaska where depositions had to be taken. 
Imder the rnle no depositions conld be taken until the copies of pleadings conld 
reach the point where the depositi<nis were to be taken. As soon as I reached 
Seattle on Angnst 2, I wrote a letter to one of my friends at Nome and for- 
wardecl the papers to him for the purpose of taking depositions in the Nome 
country. My letter to him was dated Angnst 2, 1919. the resolution of the 
Hon.se of Bei>resentatives having been passed on .Inly 28, only five days before. 
On Angnst 2, I wrote the following letter: 

Seattle:, Wash., Aiigust 2, 1910. 


M, W. Griffith, Esq., 

Xouie, 

My Dear Mr. Griffith: Some time ago I sent yon a printed copy of the 
notice of contest in the contest case, and I now semi yon ^Ir. Grigsby’s answer 
thereto and akso my repl.v, which makes ont a ca.se on the pleadings. I wish 
yon would give these papers either to Mr. Cochran or to Judge Lomen at the 
time we get ready to tJike testimony of the witnesses. Jnst as soon as ^on get 
these iiapers telegraph me at .Tnnean, Alaska, and I will further advise yon 
about the taking of the evidence of the witnesses. 


That was on Angnst 2. 
Griffith as follows: 


And on Angnst 20, I received a telegram from iNIr, 
Nome, Alaska, AuguM 26, 1919. 


Hon. James Wickersha:m, 

.Juneau. 

T^etter and pajiers received to-day. Gang here certainly report that jon Yeie 
/issanlted and badlv inpired while in Valdez for calling a Mdtness a liar. 

iNI. W. Griffith. 


Mr. Gi-itfith was the individual named by me as my agent at Nome upon 
whom service might be bad, and he wonld be authorized to take testimony 
foi- me in the second, or Nome, judicial district. Under the rnle I was allowed 
40 days for taking my examination in chief in the contest case in the Nome 
district, and the time began to rnn on the 28th of July. So that when the 
papers finally reached my agent at Nome T had no time left, except a da^s, 
and was nnable to give any notice for taking depositions in that di\ision at 
all. T sent similar letters to Eairbanks, Alaska, and to Valdez, Alaska, and, 
while the time M’as .shorter at each one of tho.se places, more than one-half of my 


700 WICKEKSHAM VS. SULZER, DE(’EASED, AND GRIGSBY. 


lime for takinjJi dei^ositioiis in the 40 days had transpired before my papers 
ivaehed the i)la(‘e where the depositions could he taken. 

Notice was served on my as^iat, 4. L, Heed, at Ahildez, Alaska, for taking 
de[»ositions at (k)rdova, at a time when I was over at Seward, and owing to 
the failure of any l)oats to run at that time I could not reach Cordova to 
tak(‘ the depositions. The tirni of Donohue & Dimond, at Ahildez, were jMr. 
Gidgshy’s agents and lawyers, INIr, Dimond being in Valdez and Mr. Donohue 
being in Cordova. I telegraphed to one of my ac(piaintances in (k)rdova 
and asked him to get an extension of time, so that 1 could reach there on the 
boat to take my testimony; hut IMr, Donohue refused to extend the time, and 
took his tlepositions in my absence, under circumstances where I was unable 
to procure the attendance of an attorney. There was one attorney there, hut 
j\Ir, Donohue procured him to act as notary public for taking the depositions, 
and also secured him as a witness against me, .so that I had no i)er.son there to 
look after my affairs, except Mr. George Dooley, who is a first-class hotel 
keeper hut not an attorney. 

1 make this explanation, because when George Walker went on the witness 
stand at INIr. Donohue's request, and testified that certain persons whose 
names I do not now have were not legal voters in that precinct, and had left 
the country subsequent to the date of election and could not he found, but 
that before leaving the counti'y they had admitted to him that they 
voted for me (Wickersham) and* that their votes were illegal. I was not 
present, and I have only learned of this evidence of Mr. Walker from state¬ 
ments made to me subsequently by Mr. Dooley, who was present. But I do 
know George AValker. IMr. Walker was a bar keeper in the red light district 
in Fairbanks, and in low-grade saloons in that vicinity, for a number of years, 
lie has been occupying about the same relative positions in the saloons at 
Cordova, where he has been cleaning up the saloons, and doing work of that 
kind. He is married to a woman known as ]Marie, who is a dope fiend, and 
a woman of general unsavory reputation, although she is a far better charac¬ 
ter at that tlian Walker himself. Walker is a notorious character, and is 
utterly unworthy of belief in any court in the land. I have been unable to 
find any of those persons whom he spoke about, except Mrs. Spencer, who has 
been oji the witness stand here, and who has testified that she did not tell 
Walker anything of that kind. 

I am informed that one John Moe at Fairbanks gave very much similar 
testimony as Walkers, in that region, with respect to voters who were situ¬ 
ated as those mentioned 1)y Walker; that the voters were illegal voters ac¬ 
cording to Moe’s testimony, had left the country, and could not be found; but 
before leaving the country they had all confided to him that they voted for 
the contestant in this case. Mr. Moe also was a saloon keeper, and for many 
years kept a low dive saloon inside the deadline in the restricted district in 
Fairbanks, and his testimony is about as valuable as George Walker's. 

In his statement before the Committee on Elections of the House of Rep¬ 
resentatives, on July 12, 1919, Mr. Grigsby made a statement in which he 
criticized my political standing as a Republican; and he cited me as a witness 
in taking his depositions at Ketchikan, and asked me questions to show that 
I had been nominated l)y a Democratic conventiofi in Alaska, and was not a 
good, simon-pure Republican. 

I cast my first vote for Garheld in 1880, in Springfield, Ill., and I have been 
a Repul)lican ever since. In 1883, I removed to Washington Territory, and 
was elected probate judge dn 1884, in Pierce County, Wash., at Tacoma, and 
served two years, and was reelected in 1886; both times being noniinateil in a 
Republican convention, and elected as a Republican. Washington Territory 
was admitted into the Union in 1889, and in 1892 I voted fen* Harrison for 
President, and was the president myself of the Harrison Republican Club in 
Tacoma and Pierce County, and made a strong fight for the election of Gov. 
IMcGraw that year. In 1893 I assisted in the election of Ed S. Orr as mayor 
of Tacoma on the Republican ticket, and was appointed city attorney by him. 
In 1898 I was elected as a Republican to the Washington State Legislature 
and assisted very largely in the election of Senator Foster to the United States 
Senate. My .services were so satisfactory to Senator Fo.ster that in 1900 he 
persuaded President McKinley to appoint me United States district judge in 
Alaska as a Republican, and I have resided in Alaska ever since that time. 
In 1904 I was reappointed United States district judge, but on account of a 
fight started against me, growing out of the old Nome difficulties, I was not 


WICKERSHAM YS. SULZER, DECEASED^ AND GRIGSBY". 


701 


coiilirined, 
tentioii to iny case, 
tirination would ji’o over 
action. 

The last time I talked 
der and said to me, “(Jo 
loni? as I am 1’resident 
But in the fall of 1907 


I served until 1908. President Roosevelt ^ave special at- 
and reappointed me some six or eiiiht times, as the con- 
from one meeting: of the Senate to the other without 


to I’resident Roosevelt, he put his hand on my shoul- 
on hack to Alaska, and jio ahead with your work. So 
you shall he United States district jud.ee in Alaska. 
I had grown tired of the situation, and resigned, and. 


upon sending in my resignation, I received a very nice letter from President 
Roosevelt, which I yet retain, expressing his regret at my action. After my 
resignation in the latter part of 1907, I continued to serve until the spring of 
1908, as judge, when my resignation was finally accepted l)y the appointment of 
my successor. In 1908 I was a candidate for Delegate to (^’ongress from 
Alaska. I was requested to become a candidate by my friends from all over 
the Territory, and finally did become a candidate, and made my own public 
announcement of that fact, and ran without having received the nomination of 
any convention in a formal way. 

I’olitical conventions in Alaska are never held with any possibility of fair¬ 
ness, either politically, or to the people of the Territory, for the following rea¬ 
son : The Teri-itory is so large that it is impossible, owing to want of trans¬ 
portation in the Q^erritory, for delegates to assemble at any i^oint in the Ter¬ 
ritory under several weeks’ traveling for many of them, and, for this and other 
reasons, no full and satisfactory convention has ever yet been held by either 
the Democrats or the Republicans in Alaska. For the delegates to go from 
Nome to Valdez, one of the most central points in the Territory, would neces¬ 
sitate their coming in the summer time after about the loth of .Tune, to the 
city of Seattle, about 2,200 miles, and thence traveling back up the coast to 
Valdez, about 1,400 miles farther. After the convention would be held, these 
delegates would all have to go back by the same route, or else go over to Skag- 
way, and down the Yukon River, a couple of thousand miles, and it would 
require from a month to six weeks for them to make such a trip. The f(ict is 
tliiUt conventions are never held in Alaska for reasons of th's kind. Politics 
in Alaska are somewhat mixed up. We have two factions in tne Republican 
I’arty, and have always had, and two factions in the Democratic Party, and 
have always had, the differences in those factions arising very largely from the 
attenq)ted control by one or two big interests in the Territory of our politics. 
When I ran for Delegate in 1998. two planks in my platform read as follows; 

“1.3. I shall stand for the encouragement of all legitimate railroad construc¬ 
tion in Alaska, the building of a trunk-line railnatd from the coast to the inte¬ 
rior under (Jovernment supervision, the strict Government control of trans- 
l)ortation rates by rail or boat, and fair and not excessive rates for freight and 
l)assenger traffic. 

“14. I .shall oppose in every way possible the control of the transportation or 
mining business in Ahiska by the Guggenheims or any other dangerous combi¬ 
nation.*’ ^ , 

The Guggenheim-:Morgan interests had then acquired a control over trans- 
iiortatioii. copper, and fisheries in Alaska, and had assumed to control the gov¬ 
ernment of Alaska through its a])polntive officers. At the time of my candidacy, 
in 1908, the roi)i)er River Railroad was being constructed by the (Juggenheim 
inteiVst’s. and on election day they stopped all work, loaded their men onto con¬ 
struction trains, and run them into Gordova and other stations along the road 
and voted them. They voteil more than 890 illegal votes against me at that 
time along the line of their road, and from that date to this that interest, which 
now controls the Keiinicott (Vipper Corporation and the (kipper River Rail¬ 
road and the Alaska Steamship Co., has fought me at every election and 
has supported my oiiponents at every election and, with their poveifiil in¬ 
terests thev have managed to control many of the aiipointive offices in Ahiska. 

Tlie "ovel-nor. surveyor general, secretary of the Territory, tiaaisurer and the 
collectoi- of customs, the judges and the clerk, and the marshals, and all that 
class of officials in the Territory of Alaska are appointed. The people of Alask.a 
onlv elect the Delegate to Congress, the attorney general, and the members ot 
the legislature. All other officials in the Territory are apiiointed. 

For the reasons stated it has always been impossible to hold a convention 
in the Territory of Alaska which would afford the people of the Territory any 
opportunity to express their wishes in the matter of the nomination ot a Dele¬ 
gate or any other office. 


702 WIcavEPiSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


In 1008, when I first ran, the Republican organization consisted of one man, 
who nndertook to make the nomination through a fraudulent convention, where 
the delegates were not present, but all of whicb were controlled by bim and 
a few of bis local friends, by securing fraudulent proxies by telegraph from 
all over the Territory. Where the proxies could not be bad by telegraph they 
manufac'tured them. And that has been the favorite and about tbe only 
metbod of holding a convention either by tbe Kepnblicans or tbe Democrats in 
Alaska. So that, wben I ran in 1908, 1 ran at tbe request of the Republicans 
tbrougbout the Territory, and was elected. In 1910 the same general situa¬ 
tion i)revailed, although I was nominated on June 30, 1910, by a Republican 
convention, wbicb met in the city of Juneau, the capital city of the Territory. 
^ly opponent at that time was 1\Ir. Ed. S. Oit, umler whom I had served as 
city attorney in the city of Tacoma in former years. 1\D\ Orr was supported 
by the big interests that I have mentioned, wbo furnisbed bis campaign funds 
and bis supportei’s, and I defeated him, each of us having been nominated in a 
factional Republican convention. In 1912 I was nominated at si convention 
whicb met in Valdez, and it was called the Itepublican Territorial convention 
and declared for those itrogressive mensnres which Mr. Roosevelt represented. 
I ran as a Progressive Republican ami was elected as .such, and on August 16, 
1912, the elections at that time being hehl in August, I received tbe following 
telegram fi'om Gol. Roosevelt: 

New York, Auiju.^t .16, 1612. 

Hon. James Wickekshavi, 

J/oHsc of fives, Washinf/toii, 1). (\: 

I congratulate you and the Alaska Progre.ssives, and am greatly pleased at 
the result. 

Theodore Roosevelt. 

I had not gone home from Washington in 1912, at the time of the election, 
being detained there by my duties iu the Ilou.se of Rei)reseutatives. 

1 also received the following telegram from the chairman of the national 
I’rogre.ssive committee; 

New York, August I’l, 1912. 

Hon. jAi[ES Wickersitam, 

House of Repres('ntatires. Washingto)i. D. C.: 

My heartiest congratulations on your distinguished honor of being the tirst 
Progressive Congressman elected in the tirst election held since organization 
of the 1‘rogressive Party. Watch New York Times to-morrow morning for 
story regarding this. 

Jos. M. Dixon. 

ChairuKU) Aati(t)iaf Progressire Connuittee. 

AimI in tbe New York Times the next day was quite a statement made by 
Senator Dixon with respect to tbe fact that I had the honor of being tbe tirst 
Republicaji I’rogressive to be elected under tbe Roosevelt banner. 

In 1914 the Republican boss in Alaska declined to hold a Republican con¬ 
vention, and declined to peiinit me and my friendsMo have the benefit of the 
organization calling for a Republican convention, and none was made. It 
was impossible to secure a call, because he knew that I would be nominated 
in that convention, and he did not want that done. So there was no Repub¬ 
lican convention called by the national Republican committeeman from Alska. 
And again, on June 4. 1914, 1 issued an address to tbe people of Alaska, and 
ran as a Roosevelt Progres.sive Republican. 

The Democratic Party in Alaska was split up iu the same way the Republi¬ 
can Party was. There was a reactionary crowd under the general manage¬ 
ment of big corporations attempting to control the great resources of the 
Territory of Alaska, and there was the Independent Democratic element, which 
desired to stand aloof from this control. A number of these Progressives 
met in Valdez on July 20. more than a month after I had made my i)ublic 
announcement of my candidacy as a Progressive, and indor.sed me as a can¬ 
didate for the otfice of Delegate from Alaska. I file hereM^th, and ask to 
have made a part of my testimony, a copy of the Pi’ogressive Democratic 
])latform, and resolutions adopted at the Valdez convention, held on July 
30, 1914, and to call attention to the tirst statement in it. as follows: “The 
Progret?sive Democratic Party of the Territory of Alaska emmciates its princi- 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 703 


pies and indorses tlie I’rogressive xVlaskan policy of Delegate ^Yiokersliain 
as made in his annonnceinent.” This refers to my independent announcement 
of June 4, almost two months previous to the date of this indorsement by the 
I’rogressive Democratic conventon at Valdez. 1 was not asked by the mem¬ 
bers of the Progressive Democratic convention to accept their indorsement, 
and never made any public announcement of my acceptance of their indorse¬ 
ment, although I appreciated it at the time, nnd do now, as a recognition 
of the efforts that 1 liad been making for the Territory, and an indorsement 
of that effort. The officers of that convention never gave me any special 
notice of that indorsement, and I never made any public announcement of 
my acce])tance of their indorsement in any way. 

Their convention at Valdez was very much like all the other conventions 
that are held in Alaska, as one will readily understand by the fact that but 
one delegate attended from southeastern Alaska, from the Juneau, Ketchikan, 
Sitka, Skagway region. This single delegate from southeastern Alaska was 
a man by the name of Kd. S. Austin. There were no delegates from the 
Fair])anks division, and none from Nome, except possibly some sent telegrams 
advising some of his friends to represent him as a delegate from those dis¬ 
tricts. In short, it was the usual convention made up from a few men 
around Valdez and a single man from southeastern Alaska. It represented 
very largely the same situation as the three tailors in Tooley Street, who 
ileclared that, “ We, the people of England, resolve.” etc. 

This progressive Denioci-atic platform lauded President Wilson very highly, 
and also Senator (Ihamberlain, and gav(‘ me a special notice for the performance 
of my duties as a delegate from Alaska, and gave me their indorsement. 1 have 
read their platform over with very great c;ire, and I tind nothing in it which I 
could not have indor.sed at that time, if I had so determined, and nothing in it 
which I could not indorse now. The planks in the platform all relate to local 
matters, and are very proper, and I find nothing objectionable in them, nor do I 
have anything to criticize in the indorsenuMit of President Wilson, and Senator 
Chamberhiin, by that convention, although I had no part in it. 

The Alaskti Ktiilroad bill had itassed Dongress in ]\l5ir(‘h, 1914. I had hdtored 
hard for such n bill from lt)()8 and I dr(‘w the Alaska Railroad bill, tind intro¬ 
duced it in (Congress on the very tir.st day of the special session preceding the 
date of its pa.'^sjige, and worked for it very industriously. Other gentlemen 
came on to Washington, and assisted in the preseiittition of the matter, and we 
were all, Republicans and DeiiKK-rats alike, very ])leased when President Wilson 
finally decided in favor of it. and assisted in its passage. And in 1914. I felt 
vei-y friendly to President Wilson, and I still feel that way, because he assisted 
us in securing the j)assage of this railroad bill; but I never indorsed Presi<lent 
Wilson’s political views as a Democrat, and I have never indorsed any other 
Democratic platform. I had nothing whatever to do with the preparation of 
the platform of the Progressive Democratic convention at Valdez in 1914. I 
]»aid no ])art of the expense of holding the convention, or of any of its delegates. 
I was ruff consulted with respect to it in any way. And the oidy intei'est that I 
had in it was that it indoi-sed my actions as delegate from Alaska in the matter 
of the railroad, and other woi'k, at which I was vei*y gi-eatly pleased. 

Mi-. Ed Austin seems to have been the sole delegate fi-om southeastern Alaska 
to that convention, and probably because of that fact he was elected chairman 
of the convention. Mr. Grigsby put IMr. Austin on the stand at Ketchikan, and 
yir. Austin testified in my pi-esence that I had said to him pei-sonally, during a 
walk upon which he invited me, np some side road in Ketchikan at that time, 
that I was a Woodi-ow Wilson Democi-at—and they thiidv that is important in 
this contest. I rawer- said anything of the kind to Ed S. Austin, or to anybody 
else then, or at any other time. Although at that time I was very greatly irleased 
with President Wilson’s attitude on Alaskan matters, and felt very kindly toward 
him. and said so fi-erprently to evei-ybody. and do .vet. He helped ns get onr 
Alaskan Railr-oad legislation through, and pi-omised us help on other *niattei-s 
which have not yet mater-ialized, when we were unable to get it through fi-oin 
other (luartei-s. And we wei-e very much pleased at his actions in that inatter 
as a Democi-atic Pi-esident. But at no time, either to ]Mr. Austin, or anybody 
else, did I say that I was a Woodrow Wilson Democrat, or did I ever indor-se the 
principles of the Democi-atic Pai-ty. 

Mr. (-’harles E. Bunnell was nominated in 1914 for Delegate in the Demo¬ 
ci-atic convention held at Skagway, Alaska, on August 5. 1914. IMr. Bunnell 
had been a long resident of the Teri-itor-y of Alaska, and the Democratic or- 


704 AVICKP]RSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


ganiziition of llio Territory called a convention which nominated him, and he 
accepted the nomination as a Democrat, and ran a.i?ainst me as a Democrat, 
and I defeated liim. As a jiart of tlie ti^^lit, there was pnhlisln'd thronjjhont the 
Territory a telei^ram fi-om President Wilson, as follows: 

Tiik Wiutp: 1Iot\se, 
WdsJiiiif/fon, ]). C., Octohcr 30, 101'i. 

CiiARLius E. Bunnell, 

Juneau, Alaska: 

May I not. upon the eve of election, send yon my g’reetin.us and exi)ress my 
earnest hope that yon will he sent to my support l)y the people of yonr Terri¬ 
tory ? 

Woodrow Wilson. 


So, not only I was not a Democrat at that time, hnt I was opposed hy a 
Democrat who had the personal indorsement of I’resident Wilson, and in the 
November election. 1914, I defeated liini hy a considerable majority. I file 
herewith and ask to have made a part of this record a copy of a document 
issued by the Democratic oriianization in Alaska, containinj; this telegram from 
l*resident Wilson, and containinj; an appeal to the people of Alaska to vote for 
Mr. Himnell because lie was a Democrat, and aijainst me because I was a Re¬ 
publican, and assertiiiij that ‘‘ Pinchot and IVickersham stand for con.servation, 
stagnation, and hard times,” and also that ” Wilson and Bnnnell stand for de¬ 
velopment, opportnnity. and jirosperity.” 

After the election of 1914 my Democratic oiiiionent, Charles E. Bnnnell, was 
appointed ITiited States district .indge hy President Wilson, and is serving as 
judge at this time under that appointment. 

So, it is not true that in 1914, or at any other time that I ran on a Democratic 
platform for Delegate to Congress, or that I ever indorsed a Democratic 
lilatform; hnt the truth is that I was indorsed hy this little hunch of enthusi¬ 
astic Democrats who seem to have fallen out with llie main body of their party. 

I liave never known why ]Mr. Ed. S. Austin spent so mucli good money in going 
to the Ahildez convention in 1914. lie certainly didn’t get anything from me. I 
didn’t pay any part of his expenses, and had nothing to do with his going to 
that convention, and his statements in respect to my having indorsed Presi¬ 
dent Wilson are false. Mr. Austin is anotlier barkeeper. He has been a bar¬ 
keeper along the water front in Ketchikan for a good many years. And, aside 
from the fact that lie lield some appointment under the road work in Alaska, that 
has lieen his occupation for all the years I have known liim. 

(Contestant's Exhibit D-1 attached hereto.) 

I also introduce a copy of tlie Progressive Democratic platform and resolu¬ 
tions of .Inly 30, 1914, and ask that they be attached to my evidence and made 
a part thereof. 

((’ojiy of platform referred to marked ” Contestant’s Exhibit E," and is hereto 
attacked.) 

I also introduce in evidence, and ask to have marked ” Contestant's Exhibit F,”” 
the original copy of the telegram received from President Roosevelt and Chair¬ 
man Dixon, of the National Progressive Committee. 

(Telegrams referred to marked Contestant’s Ex-hibit F,” and are hereto at¬ 


tached ) 

In 191() the Republican organization, under the Republican national commit¬ 
teemen in Alaska called a convention to meet in Seward. Alaska, for the nomi¬ 
nation of a Delegate to Congress. I was notified in advance that I would not 
be nominated at that convention without I would agree to turn over to the 
national committeeman and to his district committees all the power or infiuence 
which a Delegate might have from the Territory of Alaska in the case of the 
election of Gov. Hughes as I’resident of the United States. After having re¬ 
ceived such a notification, I issued an address to the people of Alaska, which I 
file herewith and ask to have marked ” Exhiliit G.” 

(Address referred to marked ” CAmtestant’s Exhibit G.” and is hereto at¬ 
tached.) 

On page 0 of this address is a statement issued by me to the delegates to t*he 
Republican Territorial convention at Seward, under date of March 30, in 
which I called attention to the demand that had been made uiion me to sur¬ 
render my freedom as a delegate from Alaska, and I announced to tliem that 
I would not do it. When the convention met later on, I received telegrams 
fi-oni some of my friends, advising me that I would not receive nomination 
without I made some arrangement with the Republican national committeemaii 


WICKEEStlAM VS. SULZER, DECEASED, AND GRIGSBY. 


705 


from Alaska. And, upon inquiry, they forwarded me copies of two of the 
planks which they proposed to put in the platform at that convention, as 
follows: 

Seward, Alaska, April 18, 1916. 

Hon. James Wickersham, 

Delegate to Congre^!^, Washington, D. C.: 

As suggested in your recent open letter of March 30, we wire you under 
separate night letter copy blank which Itussell, chairman platform committee, 
will insert convention platform aifecting patronage. Urge you to wire Russell 
immediately your acceptance platform with this plank. Agreed caucus majority 
delegates, Wickersham for Delegate; IMurane, national committeeman; Scho- 
tield, attorney general; Shackleford, Gilmore, delegates Chicago; Russell, 
Gaustad, alternates. Platform covers every item mentioned in your open 
letter. This is the best deal we can secure, and have personal pledge every 
regular Republican attending convention will not orly support ticket, but 
organize legislative tickets every division, carry on aggressive and earnest 
campaign. We realize we must have your acceptance to this plan to insure 
your nomination. Rush answer. 

Ed C. Russell. 

H. Thisted. 

Another telegram accompanied the former containing the plank I must agree 
to as follows: 

Seward, Alaska, April 18, 1916. 

James Wickersham, 

Delegate to Congress, Washhigton, D. C.: 

We charge the Democratic administration with having ignored Alaskans 
in ai)pointments to public office in this Territory and with having disgraced our 
citizenship by the wholesale appointment of nonresidents and carpetbaggers 
in lieu of bona tide citizens and we condemn this un-American policy and prac¬ 
tice as highly prejudicial to our people and detrimental to good government. 
We reaffirm our party slogan, Alaska for Alaskans, and demand that only bona 
tide citizens he appointed to public office. We believe that harmonious party 
organization and solidarity are basic ])rinciples controlling good government 
and to the end that our citizen voters shall have a voice in appointments 
to public office we pledge to the people of Alaska that all divisional appoint¬ 
ments to public office shall he made only upon the joint indorsement of the Re¬ 
publican committee of that division and the Republican national committee¬ 
man, and all other Presidential appointments to public office in Alaska shall 
he made only u])on the recommendation of the Republican national committee¬ 
man of this Territory. 

Ed C. Russell. 

H. Thisted. 

Upon receiving this notification and telegram, I placed the matter before 
Hon. Frank P. Woods, chairman of the Republican congressional committee 
in Washington, and consulted very fully with him’about it. He agreed with 
me that I ought not to accept the nomination upon any such insulting basis; 
and, upon August 2', 1916, I sent the parties interested a telegram from 
IVashington, D. C., declining to accept a nomination from their hands upon any 
such basis. I wound up my statement in that telegram as follows: 

“ I shall support Hughes and Fairbanks, and their national platform, and be 
ji candidate for Delegate to Congress from Alaska on the petition of her citizens 
free from corrupt boss rule, aud I shall he glad to have the indorsement of 
the Juneau convention on that basis. If I am defeated on this platform, I shall 
at least have preserved my own self-respect. 

“ .Tames Wickersham.” 

Prior to 1915, the people of the Territory of Alaska had become very much 
aroused over the method adopted by the Republican national committeemen in 
Alaska, in running our local politics, and, wheir the Territorial legislature of 
1915 met, it passed a law authorizing the nomination of candidates in the 
Territory by petition, providing that a delegate might be nominated by a peti¬ 
tion of 250 voters in the Territory. Under that law, my friends throughout 
the Territory had nominated me for Delegate in 1916, by petition ; hut I was also 


151279—2a 


45 



706 WICKERSHAM VS. SULZER^ DECEASED^ AND GRIGSBY. 


nominated by a divisional convention at Valdez, Alaska, on July 17, 1916, and 
was indorsed by the Keimblican clubs generally tbrougbout the Territory. The 
Keiniblican national conimitteeman made no nomination for a Delegate in 
1916; and lie and a few friends whom he could muster did everything they 
could to secure the election of the Democratic candidate, Mr. Sulzer. In 1916 
the Democrats held a Democratic convention and nominated Charles A. Sulzer, 
as a candidate for Delegate against me; and again, in 1916, as he did in 1914, 
Ih-esident Wilson issued a call to the unterritled democracy of Alaska to 
come to the rescue of the Democratic candidate, as follows: 


. Executive Office, 

Asbury Park, N. J., September 15, 1919. 

Hon. T. J. Donohue, 

Democratic National Committeeman, Valdez, Alaska: 

In reply to your telegram of recent date, would say that I very earnestly 
favor the election of Charles A, Sulzer as Delegate to Congress from Alaska. 

Woodrow Wilson. 

Not'only did Mr. Sulzer have the very etlicient support of President Wilson, 
but also of every appointive otticer in the Territory of Alaska, and as well 
the support of the Kepublican national committeeman, and a few other so- 
called Republicans, who gathered their sustenance around the treasury of 
some of the big corporations in Alaska, like the Kennicott Copper Corporation, 
and the Alaska Gastineau Mining Co. Notwithstanding this situation, I was 
elected in 1916, as I had been before. 

I tile herewith a copy of the document issued by the Democratic party in 
1916, with Mr. Sulzer’s photograph on it, under which is a copy of the tele¬ 
gram fi-om President IVilson asking the Democrats to give him their support 
in the Territory. 

(Document referred to marked “Contestant's Exhibit H,” and hereto at¬ 
tached.) 

The ik^rritorial legislature in Alaska in 1917 passed another act in relation 
to nominations for oflice in the Territory and provided for a primary election 
law. In 1918 I was a candidate for nomination under this law, and was 
unanimously nominated by the Republicans of Alaska as the Republican can¬ 
didate for Delegate to Congress. I had no opposition for that nomination, and 
if I had been as unanimously supported by the organization men as I was by the 
people, I would have been elected by a large majority. Owing to a split in the 
Republican Party in Alaska, a considerable number of men, like the Republican 
national committeeman, supported the Democratic ticket, as usual, and, with 
the powerful intluences of the big transportation corporations, made it a very 
close election again, and the prt'sent contest arises out of that fact. 

At this time I want to introduce the testimony of Mr. Calhoun given in the 
former contest between Mr. Sulzer and myself over the election of 1916. Mr. 
Calhoun was interrogated in the depositions in that case, with respect to the 
character of the Indians-on the Klawock Indian Reservation, and it is his 
testimony with respect to that that I wish to introtliice as evidence in this case. 
Siibseiiuent to that time, and prior to any opportunity I have had to take his 
testimony, Mr. Calhoun was shot by one of the Klawock Indians, and killed; 
so that it has been impossible to take his testimony. 

Mr. Leehey. This, I presume, will go in under any proper objection which 
might be raised, with which I am not sufficiently familiar to specify in such 
objection at this time. 

Witness. I want to call attention also of the committee to the method em¬ 
ployed by Mr. Grigsby and his attorney in taking the deposition of some of the 
voters at Ketchikan, and particularly of a man by the name of George Johnson, 
whom they persistently called “ Chief Johnson." A good many of the native 
people, and especially of the older ones, do not talk English as fluently as the 
younger men, and George Johnson is rather an aged man, and Mr. Grigsby 
and his attorney did everything they could to annoy and harass him and keep 
him from telling his story to the stenographei' in the right way. They muddled 
his testimony purposely. And the stenographer unfairly, and without any 
excuse for it, assisted them in doing that. For instance. George Johnson had 
a brother who years ago was quite a prominent man in that neighborhood, and 
was taken to AVashington City for some purpose connected with the affairs 
of his people, and upon his return he was called “ George AVashington ” ; and 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 707 


they nniddled his testimony in thnt respect very much, as they did in many 
others, and made fun of liim, and acted in a very discourteous and improper 
way in the taking of his testimony. And I particularly feel that the stenog¬ 
rapher himself was guilty of being a party to this unufair method of taking 
testimony. 

Cross-examination by Mr. Leehey : 

Q. You sa.v that you visited most of the Indian settlements along the Nome 
coast?—A. Y'es, sir. 

Q. But did not visit Unalakleet?—A. I did not. 

Q. That is where you got your big \ote?—A. That is where I got what¬ 
ever vote they gave there, and maybe for the reason that I had not visited 
them. 

James Wickersham. 

Subscribed and sworn to before me this 31st day of October, 1919. 

[SEAT..] Dwight D. Hartman, 

Notary Puhlic in and for the State of Washinyton, 

Residing at Seattle. 


State of Washington,. 

County of King, ss: 

I, Dwight D. Hartman, notary public in and for the State of Washington, 
residing at Seattle, in said county and State, do hereby certify that the above 
and foregoing depositions were taken before me at my office. No. 300 Burke 
Building, in the city of Seattle, King County, Wash., on the 25th da.y of Octo¬ 
ber, 1919, at 10 a. m. of said day, pursuant to the notice hereto annexed; that 
the said dei)ositions were taken down in shorthand by A. D. Williams, reduced 
to writing by him, and thereafter read over l)y the witnesses, respectively, and 
their said depositions subscribed l)y them in my presence; that before the tak¬ 
ing of said depositions each of tlm said witnesses was by me tirst duly sworn to 
testify to the truth, the whole truth, and nothing but the truth; that neither 
A. D. Williams or myself have any interest in the result of this contest. 

In witness whereof I have hereunto set my hand and notarial seal this 31st 
day of October, 1919. 

[seal.] • Dwight D. Hartman, 

Notary PuhJic in and for the State of Washington, residing at Seattle. 

Contestant’ Exhibit A. 

.Seattle, Wash., August 22, 1919. 

I, the undersigned, a member of the Second Service Comi)any, Signal Corps, 
United States Army, formerly stationed at Nnlato, Alaska, do solemnly swear 
that at the election in November, 1918, I cast my vote for Hon. AVilliam A. 
Sulzer, candidate for Territorial delegate to Congress from Alaska. 

That to my best knowledge and belief at that time, I had a legal right to do 
so, having been in Alaska one year and in the precinct six months. 

Horace R. Morgan. 

State of Washington, 

County of King, ss: 

Subscribed and sworn to before me this 22d day of August, 1919. 

[seal.] Albert L. Ewing, 

Notary Puhlic in and for the State of Washington, residing in Seattle. 

« 

Contestant’s Exhibit B. 


Cordova, Ayril 22, 1918. 

K. Bltx, Copper Center: 

Saw Donohoe; says Sulzer has never gotten any support to s]^eak of at yonr 
I)lace, but promised to make the change provided you will get goo(] vote for 
Sulzer at primary. Morrissey is going (town on same boat with me. If you 
make good showing, change will be made. 


L. T. Erwin. 


708 WICKERSHAM VS. SULZER, DEC'EASED, AND GRIGSBY. 


Contestant’s Exhibit C. 

May 2, 1918. 

Chas. a. Sulzek, 

Cure of House of Representatives, 

Washington, D. C. 

Primaries here save you 17, Malony none, Wickersham 1. The consideration 
as promised by Iionoliue and Erwin on April 22 INIcCrjiy’s name to he with¬ 
drawn as postmaster here and that of Hitman recommended and that postoffice 
he kept where it is at present. On April 20 petition was circulated signed 
by all patrons of postoffice protesting against McCrary as postmaster and 
moving of office to his farm half mile north of here. 

Petitions, plats,'other papers was mailed to Erwin, care Department Justice. 
Upon his and Morrissy’s arrival there they will fully explain matters. On 
receipt of this please call on First Assistant Postmaster General to defer issuing 
commission to McCrary till Erwin’s arrival. As soon as matters has been 
settled in accordance to petition and wishes of the patrons of the postoffice 
here wire me fully the results. 

R. Blix, Postmaster. 


Contestant’s Exhibit D-1. 

A VOTE FOR WICKERSHAM IS A SLAP AT WILSON. 

[Signal Corps, United States Army. Telegram. Received at 36 S. I. G. W. 31.} 

The White House, 
Washington, D. C., Oetoher SO, 191J^. 

Charles E. Bunnell, 

Juneau, Alaska: 

[May I not, upon the eve of election, send you my greetings and express 
my earnest hope that you will be sent to my support by the people of your 
Territory? 

Woodrow Wilson. 

5.05 p. m. 

The (piestion is not “Are you a Democrat or a Republican?’’ but “Are you 
an Alaskan?” * 

For the first time in history the administration at Washington has gone to 
the front for Alaska. 

Wilson and Lane are building railroads to furnish cheap transportation and 
are securing the passage of laws to permit the location of mineral, coal and 
agricultural lands and are doing away with the forest reserves which levy a 
tax on each xVlaskan. If allowed to carry out this program they will give 
the miner, prospector and pioneer a chance to make a stake and become an 
independent, prosperous citizen. If Alaskans favor tbe President’s plan they 
should lend it their support by voting for diaries El. Bunnell, regardless of 
politics. If you vote for Wickersbam, you simply tell the President in so 
many words that you do not favor his policies aiuj that you favor the system 
of conservation and land withdrawal which deprives the miner and prospector 
of the reward of his labors and the jiioneer of his opportunity. 

Pinchot and Wickersham stand for conservation, stagnation, and hard times. 

Wilson and Bunnell stand for development, opportunity, and prosperity. 

Take your choice. 


Contestant’s Exhibit D-2. 

Washington, D. C., May IS-lJf, 1918. 

R. Blix, Copper Center: 

Delegate Sulzer has arranged everything to the satisfaction of the patrons 
of post office. Dittman appointed as requested in petition. Let me beg you 
to show Sulzer your appreciation by doing as well for him in November as you 
did in April. Say nothing until Dittman gets his commission. 


L. T. Erwin. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 709 


Contestant’s Exhibit E. 

THE PKOGRESSIVE DEMOCRATIC PI.^VTEORM AND RESOLUTIONS ADOPTED AT THE VALDEZ 

CONVENTION HELD ON JULY 30, 1914. 

The Progressive Democratic Party of tiie Territory of Alaska eiuiuciates its 
principles and imjorses the prof>ressive Alaskan policy of Delegate Wickersham 
as made in his announcement. 

Fifthvricfi .—We favor the protection of the tisheries of Alaska so that there 
may he the greatest output and development consistent with a certain continua¬ 
tion of the supply; and we also favor such amendments of the law as will 
encourage, build up and perpetuate a permanent fishing population in Alaska. 

Alien labor.—There is no one thing tliat works a more direct hardship upon 
the bona tide residents of Alaska, those who labor as well as those who come 
liere to make this their home and engage in the various industries than the 
importation of foreign labor employed in the canneries and other branches of 
the fishing industry, and we ask that the laws enacted for the prevention of 
this practice on the part of the operators of the canneries be strictly enforced, 
and if sucli laws as are already in force for this purpose be not adequate that 
others be immediately enacted. 

Roads .—We favor the building by tlie Government of great trunk wagon 
roads and trails to and througliout the interior with feeders to the various 
mining districts. To tins end we ask for an appropriation by Congress of at 
least $1,000,000 per annum. 

Coal lands .—Alaska contains thousands of acres of high-grade coal land. 
This coal is much needed for the Federal Navy on the Pacific, for the develop¬ 
ment of the rich and varied resources of Alaska, and for general use in tlie 
States, as well as in Alaska ; we urge that all valid entries of Alaska coal 
lands should iiroceed to patent as expeditiously as possible; we are in favor 
of any practical method whicli will open the coal fields immediately, asking 
only that this great resource of Alaska he kept under such governmental 
supervision as will protect the people against trusts and monopolies. We 
believe tliat the construction and operation of the railroad by the Government 
to the ^Nlatanuska and other known coal deposits will bring about the most 
satisfactory solution of this all-important question and thus give homes and 
employment to liundreds of thousands of prosperous people. 

Conservation .—We favor conservation against waste of any of the natural 
resources of Alaska by a privileged few for their own benefit, but do not favor 
eonservation of the uses of any resources of Alaska. We are unalterably 
opposed to the exploiting of Alaska by those who cry aloud “ develop Alaska,” 
but who do not make it specific that such development is for the benefit of the 
people of Alaska and not for a favored few who are not content to make Alaska 
their home. 

Primary elections .—We favor the passage of a law granting the people of 
Alaska the right of tlie direct primary elections, also a law requiring elections 
to be held under the Australian ballot system, to the end that machine politics 
may he eliminated from the Territory. 

Asylnm for insane .—We favor the governmental establishment in Alaska of 
an asylum for the insane, not only that an enormous expense of transportation 
and costs of alleged ” guards ” to asylums thousands of miles distant in the 
States may be saved, but that the patients, many of whom are only temporarily 
suffering from exhaustion, may avoid the long, strenuous sea voyage, before 
receiving that immediate medical treatment and quietude that such cases 
require. 

Home government .—We declare that the time has come when the people of 
Alaska are entitled to absolute home government, and we demand of the 
Congress of the United States that the people of Alaska be given home rule 
in its fullest sense, and to this end we declare ourselves in favor of the 
Initiative, the referendum and recall. 

[Photograph. Underneath appears the following;] 

There is no other man in the Territory who is in as good position to help 
Alaska in Congress as is ^Nlr. Wickersham. For that reason the Democrats would 
have no chance to replace him with any other man, and his becoming a Demo¬ 
crat gives that party in Alaska its only chance to elect a Delegate to Congress.— 
Fairbanks Citizen, Mar. 9, 1914. 


710 WICKERSHAM VS. SULZER^ DEC'EASED^ AND GRIGSBY. 


Eight-hour low. —We favor the eiiactiiieiit of a law by Congress for Alaska 
establishing Jin eight-hour day f(jr all the miners or others working under 
ground or in smelter or reduction works. This law to be passed as a sanitary 
measure. 

Night cable service. —We also urge that the military cable offices in Alaska 
he kept open 24 hours each day for the purpose of aiding navigation. 

Elected, not appointed. —We ask that the Territorial act providing for the 
appointment of a Territorial treasurer and mine inspector by the Governor 
he so amended that such officers be elected by the people, in accordance with 
the principles of progressive democracy. 

We insist that reforms be made in the methods of the selection of jurors. 
We favor loans of money by the Government to bona fide settlers on home¬ 
steads for improvements to he made thereon. 

The following special resolutions were also passed: 

President Tfilson. —That we indorse the administration of President Wilson 
and hereby express our extreme gratitude for his interest in the enactment of 
legislation for the relief of Alaska, and our appreciation of his valuable as¬ 
sistance to our Delegate in his faithful work for Alaska’s best interests. 

We love Woodrow AYilson for the enemies he has made. He is a man whO’ 
in leadership is a Joshua, in statesmanship a Jefferson, in wisdom a Franklin, 
in courage a Jackson, and in patriotism a Washington; a man whose mind is 
a mirror that reflects the possibilities of the future as well as the promises of 
the present or the prophecies of the past; a man whose judgment is as un¬ 
erring ns the mariner’s compass, and whose purposes are as constant as the 
northern star. We admire him for the attentive ear he has given to our 
Representative in Congress and for his manly and successful effort in inducing- 
Congress to come to our relief while we were wallowing in the slough of 
despondency into which his predecessor had plunged us. 

Delegate Wieherslunn. —We point with admiration and gratification to the 
record made by our Delegate in Congress, and heartily indorse his fearless 
efforts as a champion of the people of Alaska. He has thwarted the exploiters 
of Alaska for private gain, and, while having been successful in retaining the 
wonderfully rich natural resources of the Territory as a heritage of the people, 
he has, in the face of enemies abroad and the emisaries of special privilege 
at home, secured from the administration now in power an abundance of 
capital for the development of her enormous latent wealth. But the villains 
still pursue us. The river of doubt is not yet crossed, and we, here and now, 
assure him that it is not our intention to change horses in the middle of the 
stream, hut to stand fiimily by him until the harbor of safety, where pirate 
ships can not enter, is finally reached. 

Senator Ch amberlain .— 

Whereas Senator George Chamberlain, of Oregon, has been a loyal friend of 
Alaska, and stood behind our Delegate throughout his long fight for Alaska’s 
railroad measure; and. 

Whereas he has given to him every possible assistance in every effort he has 
made to get good legislation for the development of Alaska; and 
Whereas he has had the confidence of the Presid^it and Secretary Lane, and 
has at all times acted for them and with them in Alaska legislation, and at 
all times a staunch Progressive Democrat; Therefore, he it 
Resolved, That this convention extends to Senator Chamberlain the earnest 
wish for his return to the United States Senate in the election next November, 
and that we urge all good Alaskans to use their most earnest endeavor to 
impress upon the people of the great State of Oregon the importance to us as 
well as to them that he he reelected by a rousing majority. 

Contestant’s Exhibit F. 

New York, N. Y., August 16, 1912. 

Hon. James Wickersham, 

House of Representatives, Washington, D. C.: 

I congratulate you and the Alaska progressives and am greatly pleased at 
the result. 


Theodore Roosevelt. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 711 


Hon. Jas. Wickersham, 


New York, N. Y., August IJf, 1912. 


House of Representatives, Washington, D. C.: 

lioaitiost conjjrutiilatioiis on yoiir tlistin^iiishod honor of boing the first 
])rogressive Congressman electeil in the first election held since organization 
of the Progressive Party. ^\atch New York Times to-morrow morning for 
story regarding this. 


Jos. M. Dixon, 

Chairman National Progressive Committee. 


Hon. .Joseph M. Dixon, 
Chairman National 


Washington, D. C., August 15, 1912. 

J*rogressi re Com u} it tee, 

Manhattan Hotel, New York City: 


I thank yon for yonr congi'atnlations. The Alaska Territorial ])rogressive 
con\ention May 29 instructed national delegates for lloosevelt hy nnanimons 
vote. Delegates steam rollered at first Chicago convention, but carried out their 
instructions August 5. Convention iNlay 29 nominated me for Delegate on 
progressive platform and on Tuesday I was reelected by landslide victory. 
First progressive elected to Congress after the formal organization of the 
national p<irty; also third term; also first Member Sixty-third Congress. It 
is the beginning of victory in November. Hon. Emery Valentine, Juneau, 
Alaska, head of progressive movement in Territory. 


Contestant’s Exhihit G. 

[Photograph.] 

Address to the People of Alaska. 

More than 250 qualified electors in the Fairbanks district, where I reside, 
have signed and filed with the proper official a petition in accordance with the 
law, for my nomination as a candidate for Delegate to Congress, from Alaska. 

Having concluded to yield to general demand from Alaskans to make the race 
I hereby announce the principles and purposes for which I shall stand in case 
of my election. I shall stand for: 

1. The lawful control of transportation rates to, from, and in Alaska, and the 
reduction of present extortionate rates to reasonable standards; the prevention 
of rebates to favored shippers and of unlawful combinations in restraint of 
trade. 

2. The enforcement of the Interstate Commerce and antitrust laws in Alaskan 
trade, commerce, and transportation. 

3. The prompt completion of the Government railroad from Seward to Fair¬ 
banks, via the Matanuska and Nenana coal fields, and into the Iditarod; the 
extension of the system of public roads and trails and Government telegraph 
lines to all parts of the Territory. 

4. The passage of laws by Congress for the extension of the powers of the 
Alaska Legislature over fisheries and fur-bearing animals, and the enactment 
of such laws as will save the fisheries from destruction and encourage the set¬ 
tlement of a population of fishermen along our coasts; the enactment of such 
laws as will i-equire those engaged in Alaskan fisheries to pay their .iust pro¬ 
portion of taxes for the development of Alaska and her government. 

5. The enactment of laws by Congress extending the powers of our legislature 
so as to iiermit the full development of an American type of Territorial Govern¬ 
ment in Alaska, with power to enable her citizens to protect their own and the 
public interests, and to increase the general prosperity without limit. 

6. Statehood for Alaska as soon as it can be organized in the interest and 
to the advantage of the people. 

7. The prevention of further extension and the repeal of the present bureau¬ 
cratic form of government in Alaska, whereby bureau clerks in Washington 
really govern her people by the issuance of “ rules and regulations ” having the 
force of laws. 

8. The abandonment of the present useless and harmful forest and other 
reservations in Alaska, whereby great bodies of our lands are withdrawn from 
settlement and use by the people and form a basis of bureau control from 
Washington without rational excuse and to the great loss of the National 
Treasury. 


712 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


9. Opposition to the levy of any tax on trade or business in Alaska by Con¬ 
gress, and the repeal of the law now providing for sncb system, and the control 
of all taxation in Alaska by the Territorial legislature. 

10. The centralized control of all national administration activities in Alaska 
by a national administrative body, to the end that there may be one business 
head to such work instead of twenty or more. 

IT. The appointment of Alaska Alaskans, and none other, to appointive offices 
in Alaska ; and I utterly repudiate that plank in the Seward platform seeking to 
take away from the people of Alaska their right to l)e consulted in the considera¬ 
tion of such appointments, sind to give the sole power of naming such officials to 
a Seattle lawyer; it is un-American, unrepublican, and the beginning of boss 
rule in Alaska by the great corporations able to employ the lawyer; I pledge 
the people of Alaska that if I am elected I will not reconiend any man for an 
apointive office in Alaska who is not tirst aproved by the people of the Terri¬ 
tory, and by those residing in the vicinity wliere he is to serve. 

12. The enactment of primary election laws for the purpose of enabling the 
people by their votes to control their conventions and the nomination of their 
officials without the corrupt manipulation of political bosses. 

13. Continued opposition to the efforts of interested copper companies to 
secure the passage of a bill in Congress for the appointment of a commission 
to revise the United States mineral land laws in Alaska; their purpose is to take 
away from the Territorial Legislature of Alaska its power to alter, amend, or 
revise such laws in Alaska, and to disapprove and repeal all such laws heretofore 
passed by our legislature and rob it of all power to legislate hereafter on that 
subject in Alaska. It is a scheme to extend to all mineral lands in Alaska the 
principle of reservation and leasing by a Government bureau in Washington, 
after the plan of the Alaska coal-leasing law, which was drawn by Secretary 
Lane, approved by Mr. Gifford Pinchot, introduced by Congressman Ferris of 
Oklahoma, passed by a democratic Congress, and signed by President Wilson. 
I shall oppose such reservation and leasing of placer and quartz mineral lands 
in Alaska, and favor the revision of such laws, when nec*essary, only by Con¬ 
gress or by the Alaska Legislature. 

14. Finally. I shall support Hughes and Fairbanks, and the national Repub¬ 
lican platform, unless they or those representing them shall interfere with the 
passage of needful and beneficial laws for Alaska, in which event I shall stand 
by Alaska and her interests, as I always have done, without regard to party 
threat or favor. 

STATEMENT. 

To the end that the people of Alaska may know the facts touching the re¬ 
fusal of those in charge of the Seward convention to indorse my candidacy for 
Delegate to Congress the following correspondence is made public: 

.lUNEAu, Alaska, Jannary 10, 1916. 

Hon. .James Wickeesham, 

W a shiny ton, D. C. 

Dear Judge: Following a conversation with Mr. lA)uis P. Shackleford, regard¬ 
ing the political situation in Alaska, I feel that the time has arrived for an 
amalgamation of the factions in the party. 

Mr. Shackleford informs me that he realizes if the party is to have strength 
before the voters, the candidates for office should not be hand picked, but repre¬ 
sent the rank and tile of the party. Therefore, he feels that if arrangements can 
be made so that the Republicans of the tirst division can be free to regulate 
their own affairs, he sees no objection to your nomination as Delegate by the 
Republican convention. 

Per.sonally, I feel as if there could be a working agreement arrived at for the 
tirst division, which would protect both the Wickersham and Shackleford fac¬ 
tions under one banner. 

I promised Mr. Shackleford that if I could secure your consent, I would make 
a trip with him to Seattle in February to confer with you there. It appears 
Charles Herron has been trying to play both ends against the middle, and the 
time appears right for a line-up which will control the Republican policies in 
Alaska. 

Kindly wire me if you will attend the Seattle conference and your preference 
for date, and after conferring with IMr. Shackleford, I will wire you concerning 
meeting you there. 

With kindest regards, I remain, 

Y'oui’S, very truly. 


Ed. G. Russell. 


WTOKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 713 


]My answer was a teleg:rain as follows: 

Washington, D. C., January 19, 1916. 

Ed. C. Russell. Juneau, AJa.^ka: 

Impossible leave Washinjjton for iiieetirifj: Seattle siijjfjested in letter 10th. 

James Wickersham. 

Thereafter the Seattle papers published statements and interviews from Mr. 
C. D. ^Nlnrane and Mr. William A Gilmore, two prominent Seattle attorneys 
claiming? to hold a hloek of proxies to the Seward convention, sayin^i? that I 
would not he considered as a candidate hy that convention without I ajjreed to 
surrender all power of recommendation in apiiointments to Alaskan offices, in 
case of national Republican success, to them and their friends; similar state¬ 
ments from Alaskan sources were said to he made by IMr. Shackleford. To 
prevent any misunderstanding: on that (piestion at the Seward convention I 
addressed the following? open letter to the delegates to the Seward convention, 
and forwarded the same to Alaskan newsiiapers for i)ublication in advance of 
that meeting: 

Washington, D. C., March 30, 1916. 

To the (leleyates to the Reyublicuti Territorial Convention, Seward, Alaska. 

(iENTLE:\iEN I The people of Alaska seem to have concluded that there ought 
to he an effective organization of the Republican as well as the Democratic 
liarty in the Territory, and many of my most active friends and supporters 
have joined in the movement and are among your number. In view of their 
announced intention to present my name to your convention and because of 
many rumors tending to create misunderstanding and contention hereafter I 
feel impelled in fairness to my friends and to those who have long been my 
political opponents to make this public statement in advance of any action on 
your part. 

I have not and will not enter into any combination or agreement with or 
against any person or faction in or out of the Republican organization for the 
control of patronage, in whole or in part, or at all, or for the control of my 
actions in any way whatever as the representative of all the people of Alaska, 
or for any other purpose. I will not he bound by any pledge made for me 
without it is clearly stated in the platform or resolutions adopted hy the con¬ 
vention. It seems to me there can be no successful unity of action or reor¬ 
ganization of the Republican party in Alaska without entire frankness with 
the men and women who do the voting, and because of that I address this 
communication to ,vou in this public manner. I can do better without the 
nomination or the election to Congress than be placed in the attitude of having 
betrayed either my associates or the people whom I have represented with such 
freedom and contidence for eight years, and whom I must continue to repre¬ 
sent with freedom and contidence. or not at all. 

In the event of my election, I pledge myself to harmony and fair dealing 
toward friends and past opponents alike, to the support of the bill which I 
have already introduced granting more extended 'powers to the Territorial gov¬ 
ernment, to the support of the statehood bill, to the creation of better trans¬ 
portation conditions and the control and reduction of burdensome freight rates, 
and generally to the upbuilding of the industries natural to our Territory and 
to the development of its great natural resources free from monopoly and un¬ 
just restraint. If you nominate me upon this understanding there will be but 
little chance for contention and disagreement hereafter. 

Respectfully, James Wickersham. 

While the clans were gathering at Seward, among other interesting tele¬ 
grams I received the following: 

Cordova, Alaska, April 16, 1916. 

.Tames Wicki:rsham, 

House of Representatives, Washinyton, D. C.: 

Unless definite understanding highly probable you not receive nomination 
convention with Lloyd against you. Thisted, Hazelet small majority against 
organization. Shackleford who controls without your supporters will have to 
indorse straight candidate unless you give us assurance. Are you thoroughly 
informed and with or against organization program? 

Boyle. 

Goodall. 

Gottschalk. 

Chase. 


714 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


I answered as follows: 

Washington, D. C., April 17, 1916. 

Edwaki) y. Boyle, 

Cordova, A laska: 

I do not understand what yon mean. What detinite understanding: do you 
want and what about? Threat to indorse straight candidate if I d<> I'ot ^^ive 
assurance that I am with or asuinst organization program unavailing until I 
know what the program is. What is it you want? 

James Wickeksham. 

The reply to my inquiry came hack in this form: 

Seward, Alaska, April 18, 1916. 

Hon. James Wickeksham, 

Dclecfote to Conpress, Wosliinpfon, D. C.: 

As suggested in j’our recent open letter of INIarch 80 we wire you under 
separate night letter copy of plank platform which Bussell, chairman platform 
committee, will insert convention platform affecting patronage. Urge you wire 
Russell immediately your acceptance platform with this plank. Agreed caucus 
majority delegates Wickersham for Delegate; IMurane, mitional committeeman ; 
Schofield, attorney general; Shackleford, Gilmore, delegates Chicago; Russell, 
Gaustad, alternates. Platform covers every item mentioned your open letter. 
This is the best deal we can secure and have personal pledge every regular 
Republican attending convention will not only support ticket hut organize leg¬ 
islative tickets every division, cany on aggressive and earnest cami)aign. We 
realize we must have your acceptance this plank to insure your nomination. 
Rush answer. 

Ed. C. Russell. 

H. Thisted. 

Another telegram accompanied the former containing the plaidv I must agree 
to, as follows: 

Seward, Alaska, April IS, 1916. 

.Tames Wickersham, 

Delepafe to Congress, Washington, I). C.: 

We charge the Democratic administration with having ignored Alaskans in 
appointments to public office in this Territory and with having disgraced 'our 
citizenship by the wholesale appointment of nonresidents and carpetbaggers in 
lieu of bona fide citizens and we condemn this un-American policy and practice 
as highly prejudicial to our people and detrimental to good government. We 
reaffirm our party slogan, Alaska for Alaskans, and demand that only liona 
fide citizens he appointed to public office. We believe that harmonious party 
organization and solidarity are basic principles controlling good government 
and to the end that our citizen voters shall have a voice in appointments to 
public office we pledge to the people of Alaska that all divisional appointments 
to public office shall be made only upon the joint indorsement of the Republican 
committee of that division and the Republican national committeeman, and all 
other presidential appointments to public office in Alaska shall he made only 
upon the recommendation of the Republican national committeeman of this- 
Territory. 

Ed. C, Russell. 

H. Thisted. 

Acting upon the advice of Hon. Frank P. Woods, chairman of the Repub¬ 
lican congressional committee, I did not make any answer to those two tele¬ 
grams. 

Thereafter I received various telegrams fi’om prominent Republicans in 
Alaska urging me to accept the terms of IMurane, Irving, and Shackleford and 
surrender my duty and supposed influence in the matter of Alaskan patronage 
to them on the assurance that they would nominate me through their commit¬ 
tee of four from the Seward convention, and give me an indorsement at the 
Republican divisional convention at Juneau. Wy answer to all these was con¬ 
tained in the following telegram : 

Washington, D. C., August 2, 1916. 

Ed, C. Russell, 

Jimeau, Alaska: 

Telegrams received from you * * * advising me to submit to the de¬ 

mands of the Shackleford organization and surrender the power and rights of 
the people of Alaska in relation to the appointments to Alaskan office in case 
Gov. Hughes is elected President, in consideration that IMr. Shackleford allow 


WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 715 


bis coinmittee of four from the Seward convention and his followers in the 
Repiihlican divisional convention at Jnnean to indorse me for Delegate. IMy 
letter of INIarch 30 addressed to the delejjates at the Republican territorial 
convention at Seward is my tinal word on that subject. I will not barter away 
the smallest ri^ht or power of the peoi)le of Alaska, or niy own right and duty 
as their representative, to Mnrane, George Irving, or Shackleford for their in¬ 
dorsement or siii)port, or that of their blind followers. I decline to accept any 
nomination from Shackleford’s imanthorized committee of four from the Sew¬ 
ard convention or to approve that plank in its platform establishing boss rule 
in Alaska. That plank will be re])udiated by the Republican national adminis¬ 
tration and the Senate will refuse to contirm anyone appointed to Alaskan 
office who approves it. I shall support Hughes and P^airbanks and their na¬ 
tional platform, and he a candidate for Delegate to Congress from Alaska on 
the petition of her citizens free from corrupt boss rule, and I shall be glad to 
have the indorsement of the .Tuneau convention on that basis. If I am defeated 
on this platform I shall at least have preserved my own self-respect. 

.Tames Wickeesham. 

HI YU CULTUS WA WA. 


In his messages to Congress on December 7, 1009, December 0, 1910, and 
February 2, 1912, President Taft denounced my bill providing for the creation 
of the Alaska Legislature and giving it power to enact laws for the people of 
Alaska, In that long and hitter contest he was aided by Col. Richardson, and 
other representatives of those who wished to exploit the Territory under the 
Beveridge hill. Among those who assisted me in that contest was my friend, 
IMr. .John W. Troy, of Seattle. When the fortunes of war came our way, after 
three years’ fighting, and the bill passed the House of Representatives, I sent 
mj" friend Troy a copy of the bill, and was pleased when I received the follow¬ 
ing letter of approval from him: 

Seattle, May 17, 1912. 

Hon. .Tames Wickeesham, 

Washinyton, D. C. 


]Mx' Deae Sie : Thank you for the copies of the Territorial government bill as 
it pa.ssed the House and the copy of the Record with your great speech in ad¬ 
vocacy of the measure. Pardon me, also, for not extending my congratulations 
to you upon the success of your long and strenuous efforts iii behalf of an 
American government for the Alaska people before this. My thoughts were 
carried back to the many conversations we had on the little Tana nearly two 
years ago many times immediately after we became satisfied that the day of 
triumph was near, and I know how earnestly you have labored for the passage 
of a satisfactory bill. I have known thoroughly also how willing and anxious 
you were to have the hill please the people, caring more for the principle in¬ 
volved than for the details of the measure. 

Your speech was a complete answer to the statements of the administration 
government. There is no comeback. There can be none. 

If the bill can only be gotten through the Senate and on the statute books. 
I am willing to quit and let Alaska work out its own salvation, not that it will 
not do that without anything I can do anyhow, but I always take up these 
matters as though the weight were largely on my shoulders. It is probably 
my own particular brand of , egotism, though I always confess to myself that 
I am not doing much more than the rooter at the baseball game who thinks he 
is helping the pitcher out of a tight place, and who feels that he is entitled to 
a large share of the credit for victory when the man on the mound tightens up 
and wins the game. With very best wishes for your continued success, 

I am, sincerely, yours. 


John W. Teoy. 


I^ater, when the liattle had been won, after Congress had passed the bill and 
President Taft had approved it on August 24, 1912, and after my friend Troy 
had full knowledge of its contents, he sent me the following additional proof 
of his friendship and approval of my action and of that organic act, as it now 
stands on the statute book.s.: 

Aectic Club, 

Hon. James Wickeesham, i^cattle, August 25, 1912. 

Washington, D. C. 

IMy Deae .Tudge: I congratulate you sincerely upon the final success of your 
bill granting Alaska an elective’Territorial legislature. You are entitled to the 


716 WICKEHSHAM VS. SULZER, DECEASED, A:N^D GRIGSBY. 


gratitu(lt‘ of all peojjle that are interested in the welfare of the northern Terri¬ 
tory, and, what is better, yon have that of nearly all of them that are worth 
while. 1 also conp*atulate yon upon yonr third election as Delej^ate to Con- 
jrress. It was a merited verdict. For several weeks before the election it was 
appaivnt to any one acquainted with conditions in Alaska that yon wei’e hilled 
for another triumph. With very best wishes for yonr continneil success, I am, 
Sincerely, yonrs, 

JNO. W. Troy. 

My friend Troy is now the very able eilitor of the Jnnean Daily Emi»ire. and 
wastes jireat quantities of perfectly fi:ood printers’ ink in denonncinji: the law 
creatin^^ and jjivinji- lei>:islative power to the Alaska Legislature which he so 
earnestly assisted me to pass in 1912. What do yon Alaskans think of my 
friend Troy? 

PLATFORM AD0PTP:D BY THE REPUBLICAN TERRITORIAL CONVENTION AT SEWARD, 

ALASKA, APRIL 19, 191(5. 

The following is the platform ado]>ted by the Itepnhlleans of the Territory in 
convention at Seward, April 10, lOlG; after the delegates had reaffirmed tlieir 
adherence to the principles of the Republican Party: 

First. We believe that the Territory of Alaska is entitled to more extended 
powers, and pledge onr support to statehood for the whole or iiart of the 
Territory. 

Second. That one of the most vital needs of Alaska is the construction of the 
railroads, trails, and bridges thronghont the Territory to permit the develoji- 
nient of regions of rich resources now inaccessible, except at enormous expense, 
and in oialer to promote the construction of these great arteries of commerce, 
we favor tinancial aid by the Federal Government' of all legitimate railroad 
enterprises organized to build trunk lines in Alaska whenever such companies 
shall with their own capital make substantial progress with their projects, and 
we urge that all railroads so aided be governed and controlled in the tixing of 
a freight and passenger tariff. We urge speedy completion of the governmental 
railway now being constructed and favor liberal and prompt appropriations 
therefor. 

Third. We believe that the rapid growth of the country and the expansion 
of its industries has been largely due to the protective tariff inaugurated and 
maintained by the Re])ublican party; that the present depression in the States 
is primarily due to its partial abrogation by the Democratic administration. 
We demand its full restoration, and that our industries shall receive such 
measure of protection as shall enable them to successfully compete with the 
nations of the world. 

Fourth. As a part of the protective system, we urge the immediate upbuild¬ 
ing by proper legislation of a merchant marine, which shall consist of vessels 
built by Americans, owned by Americans, manned by Americans, carrying 
American cargoes, under protection of the American flag, to every foreign iiort; 
independent production can not exist with dependent transportation. 

Fifth. That Congress is urged to make approi)riations for the extension of 
the Alaska cable and wireless systems to all parts'bf the Territory. 

Sixth. We favor liberal land laws for the Territory which shall encourage 
the settlement of the agricultural areas and the development of the mineral 
resources, whereby the settlers and locators may be assured of securing title 
from the Government without unnecessary delay or departmental interference. 

Seventh. We demand Federal investigation of the monopoly known as the 
‘‘ fresh-fish trust ” of the United States and Canada, which is driving away 
from Alaska ports the American fishing fleets, and destroying for the fisher¬ 
men of Alaska a market for their product which is honestly taken from the 
waters of the TTiited States. 

Eighth. M'e believe that a most thorough and complete preparation for war 
is the Nation’s greatest guarantee of peace. We therefore favor a complete 
system of coast defense and an adequate Army and Navy for any purpose, up¬ 
built, however, along such lines as will not engender a spirit of militarism. 

Ninth. We most emphatically disapprove of the vacillating manner in which 
the Democratic administration has handled affairs with Mexico during the past 
three years; but we pledge our undivided support to the Government at Wash¬ 
ington in its present undertaking in Mexico, and in whatever it may hereafter 
undertake in vindication of the Nation’s rights, and the Nation’s honor, in IMex- 
ico, or elsewhere. 


WICKERSHAM VS. SULZEK, DECEASED, AND GRIGSBY. 717 


Tenth. We clnirge the Democratic administration witli having: ignored 
Alaskans in appointments to public office in this Territory, and with having 
disgraced onr citizenship by the wholesale appointment of nonresidents and 
carpetbaggers in lien of onr bona fide citizens, and we condemn this nn- 
American policy and practice as highly prejudicial to our people and detri¬ 
mental to good government. We reaffirm onr party slogan “ Alaska for Alas¬ 
kans ” and demand that only bona tide citizens be appointed to public office. 
We believe that harmoniohis party organization and solidarity are basic prin¬ 
ciples controlling good government, and to the end that our citizen voters shall 
have a voice in the appointments to public, office, we pledge to the people of 
Alaska that all divisional appointments to public office shall be made only upon 
the joint indorsement of the Republican committee of that division and the 
Republican national committeeman, and all other presidential appointments to 
public office in Alaska shall be made only upon the! recommendation of the 
Republican national committeeman of this Territory. 

Eleventh. For the purpose of defining property rights in the Territory and 
affording to women and children protection, we recommend the passage by the 
legislature of a community property act. 

.Twelfth. We, as American citizens, firm in our faith in Republican principles, 
pledge our support to the nominees of this convention and our moral support 
to the nominees of the national convention to be held at Chicago on .Tune 7, 
1916, and we hereby pledge onr candidate for Delegate to use his best en¬ 
deavors to carry out the above platform. 

Contestant’s Exhibit H. 

[Photograph. Underneath appears the following:] 

, Executive Office. 

Ashnnj Park, N. J., Septeiuher 15, 1916, 

Hon. T. .T. Donohoe, 

Democratic National Committeeman, Valdez, Alaska: 

In reply to your telegram of recent date would say that I very earnestly 
favor the election of Charles A. Sulzer as Delegate to Congress from Alaska. 

Woodrow Wilson. 


CHARLES A. SULZER, CANDIDATE FOR DELEGATE TO CONGRESS. 


Senator Sulzer was horn on a farm in New .Jersey, February 24, 1879. He 
attended the public schools in that State and was graduated from Berkeley 
Academy, New York City. He joined the Fourth Regiment of New .Jersey 
A’olunteers in the Spanish-American War. After being disebarged from the 
Army he spent one year in West Point IMilitary Academy. ^Ir. Sulzer came 
to Alaska in 1902 anil settled at the present town of Sulzer on Prince of Wales 
Ts;land, ,50 iniles west of Ketchikan. ^ 

He was married in Alaska in 190.5 to IMiss Gertrude Harrison. INIr. and 
Mrs. Sulzer resided at their home in Sulzer ever since. They have one child, 


a boy 9 years of age. 

Hr. Sulzer has been extensively engaged in mining. Upon starting operations 
in Alaska in 1902 he established an eight-hour day, has always paid the highest 
wages in his district, and given everyone a square deal. His home and all his 
interests are in Alaska and he is thoroughly Alaskan in every sense of the 
word- he is an honest, sincere, broad-minded and able man, and bp done 
much to develop Alaska. He served with credit in the 1915 Alaskan I^egislature. 
He stands for a united and harmonious Alaska, for teamwork and constructive 
businesslike policies for the upbuilding and development of all parts of the 

"^^SenaPir Sulzer is a member of the Elks J.odge of 

trustee of the Grand Camp of Arctic Brotlierhood a member of the « 

Aerie of the Fraternal Order of Eagles, and a director of Siilzei Lodge No. 

'"inlolTlle wt^electwlTy a large majority to tl.e office of Territorial senator 
in the first division. 


GEORGE «. GRIGSBY, CANDIDATE FOR TKRBITORIAI, ATTORNEY GENERAI.. 

Geor-e I! .firigsliy was horn in Sionx Falls. S. Dak., Decemher 2, 1874. hie 
received ills educatffin in the public schools and University of South Dakota. 


718 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


Was admitted to the bar in 1S96. Joined tlie volunteers in the Spanisli-Ameri- 
can War and was a tirst lieutenant in the Kou^h Rider Rejiinient. Draetieed 
law in South Dakota and Colorado. In 1902 IMr. Grij?sl).y took up his residence 
at Nome and there opened a law office, at which place he has since resided 
and practiced his profession. In ]904 he married Miss Elizabeth Chapman 
at Nome. Mr. jind Mrs. Grij>:sl)y have four children, all horn in Alaska. In 
1912 IMr. Grigsby was city attorney of Nome and in 1914 was elected mayor 
of that town. 

Mr. Grigsby during his entire residence in Alaska has been actively engaged 
in the practice of law and is regarded as one of the best lawyers in the 
Territory. 

.TOTIN KONAN, CANDIDATE FOR TERRITORIAL SENATOR. 

John Ronan came to Alaska in 1898. His first work in the Northland was 
as a laborer on the White Pass Railroad then being constructed from Skag- 
way to White Ihiss. Later IMr. Ronan went to Fairbanks where he became 
interested in valuable i)lacer ground which he operated for several years. In 
1908 Mr. Ronan was the Democratic candidate for Delegate to Congress. 
About four years ago he became interested in the development of a (piartz 
mine about 50 miles from Seward; since then he has devoteci his energies to 
the development of this property. Mr. Ronan is an experienced public speaker; 
a man of high moral character, and eminently qualitied to discharge the duties 
of Territorial senator. 

CANDIDATES FOR TERRITORIAL REPRESENTATIVES. 

Thomas H. Holland was liorn in IMissouri 42 years ago. He came to Alaska 
in 1898 and has resided in the Territory ever since and is a typical “ sour¬ 
dough.” In 1914 he was a candidate for the Alaska Legislature and was the 
only Democrat elected from this division. His home is at Chitina. He is 
engaged in mining and prospecting and is the owner of several very promising 
mining properties in the Copper River Valley. Mr. Holland, as a member of 
the Alaska Legislature demonstrated by his work that he is a man in every 
manner able and capable of iierforming the important duties of this office. 
He has shown himself to be an honest, sane, and safe legislator. 

Charles McCallum is 40 years of age and came to Alaska in 1900. The first 
seven years of his residence in the far north was in and about Fairbanks. In 
1907 he came to Valdez where he has since permanently resided. Mr. IMcCallum 
is a miner by occupation and since 1910 has been the secretary of the Miners’ 
Union No. 188, AVestern Federation of IMiners. The citizens of A'aldez have 
always held IMr. McCallum in high esteem. He was elected to the city council 
of A’^aldez in the years 1911, 1912, and 191G. He is a member of A'aldez Aerie, 
No. 1971, Fraternal Order of Eagles. IMr. McCallum is so well and favorably 
known throughout the third division for the active jiart he has taken in all 
progressive movements for the betterment of Alaska generally that we scarce 
need say a word in his behalf. The lu’oad-minded stand he has taken on every 
issue of public concern is a sufficient indication that his actions in the next 
Alaskan Legislature will carry with them the hearty indorsement of the people 
of the third division. 

Thoimis C. Price tirst settled in Juneau, Alaska, more than 20 years ago at 
which place he operated an extensive plumbing business until 1908 when he 
moved to Cordova with his wife and daughter, purchased a lot and built him¬ 
self a home and was engaged in the plumbing business there until 1915. He 
then moved to Anchorage, where he is now engaged in the same Imsiness. 
IMr. Price for several years past has emiiloyed his spare time in the study of 
law and in 1915 passed a very thorough examination foi- admission to the' bar 
before a committee ap])ointed by the district court for the third division. He 
has the respect and contidence of all who have ever met him and if elected 
will discharge the duties of his office to the satisfaction of his constituents. 

Frank P>. Cannon is one of the old-timers of Alaska and is well and favorably 
known throughout a large portion of the Territory. He is now engaged in 
conducting a hotel and road house neai* Knik, Alaska, at which hostelry the 
Ahiska prospector or traveler is always welcome whether he has money to pay 
for his accommodation or not. Mr. Cannon is a sound reasoner and well 
(‘quipped in every manner to ably discharge the duties of the office to which 
he aspires. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 719 


JAMES K. WILSON, CANDIDATE FOR ROAD OVERSEER. 

James K. Wilson is .W years of a. 2 :e. In 1898 he came to the Northland 
where lie eni^ased in freijihting at Dyea and Skagway and later at Dawson and 
Fairbanks. In 1907 he took np his residence at Valdez where he has since 
resided. During his 18 years in the Territory he has been continuously eii- 
jraiied in the freijihtin^ business. Mr. Wilson has probably freighted over more 
miles of the roads and trails in different portions of Alaska than any other 
person. From his experience on these mails and trails and his knowledge of 
what is needed for their improvement he is peculiarly well fitted to perform 
the duties of the othce of road commissioner. 

His election means that every dollar coming into the hands of the road 
commissioner for this district will not only he honestly expended, hut to the 
greatest possible benefit and improvement of the roads and trails. 

Democratic Divisional Committee, 

Third Division. 

This matter coming on for hearing before Dwight D. Hartman, a notary 
public in and for the State of Washington, in the city of Seattle, Wa^h., 
upon notice by the contestant to take the deposition of Mrs. A. L. Spencer, a 
Avitness on behalf of the contestant, contestant appearing in per. on and the 
contestees by Messrs. Leehey & Jones; notice of the taking of the deposition 
of this witnes' was given by the contestant for Saturday, the 25th day of 
October, 1919, but it is agreed between the attorneys for contestant and con¬ 
testees, that the deposition of this witness may be taken this day on account 
of her desire to leave the city. 

The witne. s was first sworn by Dwight D. Hartman, esq., notary public, to 
tell the truth, the whole truth, and nothing but the truth, and thereupon her 
deposition was taken, as follows: 


DEPOSITION OF MRS. A. L. SPENCER. 


Direct examination by ^Ir. Wickersham ; 


Q. IMrs. Spencer, please state your name.—A. INIrs. A. L. Spencer. 

Q. How old are you, Mrs. Spencer?—A. Fifty-four years. 

Q. Where were you born?—A. Dubuque, Iowa. 

Q. When did you first come to Alaska?—A. I first went to Yukon Territory 
in 1898. 

Q. And to Alaska—A. The spring of 1896. 

(J. Where did you come from to the northern country?—A. From Los An¬ 
geles, Calif. 

Q. :Mrs. Spencer, were you in Cordova on election day, November 5, 1918?— 


A. I was. 

Q. Did you vote there that day?—A. I did. 

Q. Do you know one George Walker, who formerly resided at Fairbanks?— 
A. Just by sight. 

Q. Do you remember having any conversatioii with him there?—A. Never 
in mv life, any conversation. 

O. 'What was there said to you by him on that day, if anything, in relation 
to how you voted?—A. When we went iqi to vote, there were quite a few men 
in the luom, :^Ir. AValker among them. He said, “Tell us how you are going 
to vote,” and I said, “ Nothing doing,” and nothing more was said. 

Q. Did you tell :Mr. Walker how you did vote?—A. No, sir; I never spoke 
to Mr. WaUver; would not think of such a thing. 

Q Who was with vou?—A. ]Mr. and ]Mrs. William Zacharias. 

Q. Did they tell him how they voted?—A. No, sir; not in my presence. 

Q. Did you and they formerly know Walker and his wife in the interior?— 
A. I did, but I don’t know whetiier they did or not. 

Q. What did you do in the interior?—A. I used to run a little hotel at Fair¬ 


banks, Alaska. . i o 

Q. Are you quite positive that none of you told 1\ alker how you voted ! 

A. I am quite positive. ' , ^ o a 

Q. Did you see Walker at any other time than that once?—A. No, sir; 


never. 

Q. I mean at Cordova?—A. No; never. . ,0 < • t 

Q_ And vou are sure you never told him hou you \oted. A. No, sir, I 

would not degrade myself by talking to him. 


720 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Q. Yon know Mr. Walker and his wife—their character?—A. I think I know 
them pretty well. I would not he seen talkinj>: or lookini>: at him. 

(}. What was his-business?—A. At Fairbanks lie was a bartender, and in 
Cordova ran a saloon. 

Q. Now, there is some question about how you voted—have you any objec¬ 
tions to tellin^r just whom you voted for for Delegate to Congress?—A. I have 
the privilege of keeping that to myself. 

You object to telling?—A. I do object to telling. 

Q. Did you know ]Mr. and Mrs. Sulzer?—A. Quite well. 

Q. Were you friendly with them?—A. A>ry friendly; yes. In fact, I have 
some snapshots of Mrs. Sulzer and her son. 

Q. That you made yourself—A. No; other friends. But we were all there 
together and they gave them to me. 

Q. Did they come out there to visit you?—A. Not me, hut the neighbors 
there. 

(2. You are well acquainted with them?—A. Quite well. 

Q. You object to telling whether you voted for Sulzer or not?—A. That is 
my privilege, t do not think I have to tell who I voted for. 

Q. Do you know who Zacharias voteil for November 5, or at that election?— 
A. No; they never told me, or I think anyone else, and we were together all 

the time until we said good-bye at Seattle. I know I made the remark to 

Mr. Zacharias, “ If you tell me who you voted for I will tell you,” and he 

said he would not tell me, and I am quite sure he never told Walker or 

anyone else. 

Cross-examination by Mr. Jones : 

Q. Y"ou don’t know of your own knowledge whether or not this Mr. and 
Mrs. Zacharias may have talked to this man some other time?—A. To my 
knowledge, they never did, for we were at the hotel all the time from Fair¬ 
banks out, and we were not separated an hour. Our sleeping rooms were 
right together, and we went to dinner together, and I know they never 
went from one hotel to another to talk to Walker. We stayed at one hotel 
and he was working at the other. 

Q. Were they acquainted with this Mr. Walker?—A. Not that I know of. 
I could not tell you that. 

Q. Did you know Judge Wickersham when you lived in Fairbanks?— 
A. I did. 

Q. Well?—A. Quite well. Quite friendly with both him and his wife. 

INIks. a. L. Spencer. 

Subscribed and sworn to before me this 22d day of October, 1919. 

[seal.] DwnoHT D. Hartman, 

Notary Puhlic in and for the State of 

Washington, residing at Seattle. 


State of Washington, County of King, ss: 

I, Dwight D. Hartman, notary public in and for the State of Washington, 
residing at Seattle, in said county and State, do hereby certify that the above 
and foregoing depositions were taken before me at my office. No. 300 Burke 
Building, in the city of Seattle, King County, Wash., on "the 22d day of October, 
1919, pursuant to notice, that the said depositions were taken down in short¬ 
hand by Edward M'. Hart, reduced to writing by him, and thereafter read 
over by the witness; that said deposition was subscribed by her in my 
presence; that before the taking of said deposition, the witness was by me 
first duly sworn to testify to the truth, the whole truth, and nothing but the 
truth; that neither Edward W. Hart nor myself have any interest in the result 
of this contest. 

In witness whereof, I have hereunto set my hand and notarial seal, this 
22d day of October, 1919. 

[SEAL.] Dwight D. Hartman, 

Notary Puhlic in and for the State of 

Washington, residing at Seattle. 

To the ahove-named contestee and his attorney J. A. Hellenthal, Esq.: 

Take notice that liefore Will H. Winston, a notary public, at said notary’s 
office at Ketchikan, Alaska, on Monday the 11th day of August, 1919, beginning 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 721 


at 11 o’clock in the forenoon of that day, and thence continuing until com¬ 
pleted, the contestant, James AVickersham, will take the deposition of each 
of the following witnesses for said contestant in the above-entitled proceeding, 
to wit: S. S. Kinkaid, J. A. Kinkaid, John AA’'. Jones, and E. G. Morrisey, the 
residence of each of whom is at Ketchikan, Alaska. 

Dated this 9th day of August, 1919. 

James AAYckersham, Contestant. 

By John Kustgard, His Attorney. 


Copy of the foregoing notice received at Juneau, Alaska, this 9th day of 
August, 1919. 


J. A. Hellenthat'. 


NOTICE OF TAKING DEPOSITIONS. 


To George B. Grigsby, contestee, and Manriee D. Leehey, his agent as consti¬ 
tuted by that certain agreement dated at Washington, D. C., July 28, 1919, 
beticeen James Wickersham, contestant, and George R. Grigsby, contestee: 
Y»)u, and each of you, are hereby notified that the depositions of Col. B. O. 

Lenoir, Ike A. Beals, and James B. Looney, -Labisky, - A"an AA'yck, 

M. H. Faust, and P. H. Nash in the L'^nited States Army and now on duty 
at Seattle, and each of them, will be taken before Air. Harold H. Hartman, a 
notary public in and for the State of AAbishington, at his office at 306 Burke 
Building, in the city of Seattle, AAhish., at the hour of 10 o’clock a. m. on the 
6th day of August, 1919, to he read in evidence in the above entitled proceeding 
on behalf of said .lames AAJekersham, contestant, and that the taking of said 
depositions will he continued from day to day thereafter, and over Sundays 
and other holidays, if any, until the taking of the same shall have been com¬ 
pleted. 

You are reipiested to have your attorney or agent present to cross-examine 
said witnesses. 

Dated this 4th day of August, 1919. 

.Tames AAYckersham, Contestant. 

Received copy August 2; 1919. 

Maurice D. Leehey, Agent. 


To the above-named contestee and his attorneys, J. A. Hellenthal and John R. 

Winn: 

Take notice that before AATll H. AATnston, a notary public, at said notary’s 
office at Ketchikan, Alaska, on Alonday, the 11th day of August, 1919, beginning 
at 4 o’clock in the afternoon of that day, and thence continuing until com^ 
pleted, the contestant, James AATckersham, will take the deposition of Adam 
Shellhouse, a witness for contestant in the above-entitled contest; the residence 
of said Adam Shellhouse being at Sulzer, Alaska. 

Dated this 10th day of August, 1919. 

James AATckersham, Contestant. 

By John Rustgard, 

Attorney for Contestant. 


Cofiy of the foregoing 
August, 1919. 


notice received at Juneau, Alaska, this 10th day of 

Jno. R. Winn. 


To George B. Grigsby, contestee, and A. J. Dimond, his agent in the aboi'c- 
entitled proceeding: 

You are hereby notified that the depositions of E. P. Cashman, Airs. E. P. 
Cashman, W. S. Beck, Sam Campbell, AValter Stuart, and each of them, will he 
taken before Joseph L. Reed, Esq., a notary public in and for the Territory of 
Alaska, at his office on the wharf in the town of Valdez, Alaska, beginning at 
the hour of 10 o’clock a. m. on the 28th day of August, 1919, the same to he 
read in evidence in the above entitled proceeding on behalf of the said James 
AVickersham, contestant, and that the taking of said depositions would he con¬ 
tinued from day to day thereafter and over Sundays and other holidays, if 
anv, until the taking of the same shall have been completed. 

iT>u are requested to be present to take such action as you may deem ad¬ 
visable. 

Dated this 23d day of August, 1919. 

James AATckersham, Contestant. 

151279—20-46 





722 


WIOKflRSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


To Charles A. Sulzer, contestee, George B. Grigshy, eontestee, and to John A. 

Clark, his agent and attorney: 

Yon ju’e hereby notified that the depositions of Edward Ph Beattie, William 
T. Barr, .Tas. INI. Campbell, and Louis G. Selk, all soldiers in the United States 
Army, stationed at P\)rt Gibbon, Alaska, will be taken before L C. Debn, a 
notary public in and for Alaska, at bis office in the town of Tanana, Alaska, at 
the hour of 10 o’clock a. m. on the Gtb day of September, 1919, then and there 
to be examined and to testify on oath respecting the said contested election 
and the issues in said contest, to be read in evidence in the above-entitled pro¬ 
ceeding, on behalf of said James Wickersbam, contestant, .and that at the taking 
of’said depositions yon are requested to have your attorney or agent present to 
cross-examine said witnesses if be so desires. 

Dated at Fairbanks, Alaska, this 3()tb day of August, 1919. 

James Wickersham, 

Contestant. 

By Morton E. Stevens, 

His Attorney. 

Due service of the foregoing notice, together with a copy thereof, is hereby 
acknowledged this 30tb day of August, 1919, at Fairbanks, Alaska. 

John A. Clark, 
Attorney for Contestant. 


To Charles A. SuHer, eontestee, George B. Grigshy, eontestee, and to John A. 

Clark, his agent and attorney: 

You are hereby notified that the depositions of James W. Boon, James P. 
I.ake, James W. McConnell, Clement C. Stroups, and Howard G. Wescott, all 
soldiers in the United States Army, stationed at Nulato, Alaska, will be taken 
before Frank Lyons, postmaster at Nulato, Alaska, at bis office at Nulato, 
Alaska, on the Gtb day of September, 1919, at the hour of 10 o’clock a. m. of 
said day, then and there to be examined and to testify on oath respecting the 
said contested election and the issues in said contest, to be read in evidence in 
the above-entitled proceeding, on behalf of said James Wickersbam, contestant, 
and that at the taking of said depositions you are requested to have your 
attorney or agent present to cross-examine said witnesses if be so desires. 

Dated at Fairbanks, Alaska, this 30th day of August, 1919. 

James Wickersha]\[, 

Contestant. 

By Morton E. Stevens, 

His Attorney. 

Due service of the foregoing notice, together with a copy thereof, is hereby 
acknowledged this 30tb day of August, 1919, at Fairbanks, Alaska. 

John A. Clark, 
Attorney for Contestees. 

'Jo George B. Grigshy, eontestee, and Hlauriee D. Leehey, his agent in the ahove- 

entitled iwoceding at Seattle, Wash.: 

1^011 are hereby notified that the depositions of S. J. Bakke, Senator James 
Pb-awley, T. INI. Reed, of Nome; A. L. Spencer, Fred Van Camp, W. T. Lopp, 
AValter Johnson, of Seattle; Milo Kelly, Anchorage; Otto Kraft, of Kodiak; B. 
(). Lenoir, Seattle; Judge G. J. Lomen, of Nome; R. Blix, of Copper Center; and 
James AVickersham, of Fairbanks, Alaska, and each of them, will be taken 
before Dwight D. Hartman, esq., a notary public in and for the State of Wash¬ 
ington, at his office on the third floor of the Burke Building, Seattle, Wash., 
beginning at the hour of 10 o’clock a. m. on the 25th day of October, 1919, the 
same to be read in evidence in the above-entitled proceeding on behalf of the 
said James Wickersham, contestant, and that the taking of said depositions 
would be continued from day to day thereafter and over. Sundays and other 
holidays, if any, until the taking of tlie same shall have been completed. 

l’'ou are requested to be present to take such action as vou may deem ad¬ 
visable. 

Dated at Seattle this 22d day of October, 1919. 

James Wickersham, 

c • X . Contestant. 

Service accepted October 22, 1919. 

Maurice D. Leehey, 
Attorney for Grigshy. 


WICKERSHAM VS. *SULZER, DECEASED, AND GRIGSBY. 723 

To Charles A. Suher, contestee, Gcorye B. Grigshy, and John A. Clark, his 

agent and attorney: 

You are hereby notified that the depositions of T. E. 1‘hillips, Agnes Hicks, 
George iNIeilandt, George A. Pilz, Andrew lairsen, Charles Arnold, John P. Car- 
roll, Hannah J. Johnson, E. L. Eckstein, George D. Hicks, James H. Morris, 
Ole Berg, John A. Lambert, Charles L. Johnson, N. M. Patterson, W. Hunt, 
John Ostergard, James :Madigan, C. D. Arnold, Emil Kruger, William Dowell, 
H. Sinner, J. A. Kemp, Mrs. J. A. Kemp, A. B. Swing, John Haim, Joseph N. 
Brost, and George H. Gidus, all residents of Forty INlile precinct, fourth divi¬ 
sion, Territory of Alaska, and each of them, will be taken before Charles E. 
M. Cole, a notary public in and for Alaska, at his office at Jack Wade, Alaska, 
at the hour of 10 o’clock a. m, on the 3d day of September, 1919, to be 
read in evidence in the above-entitled proceeding, on behalf of said James 
M ickersham, contestant, and that the taking of said depositions will be 
continued from day to day thereafter and over Sundays and other legal 
holidays, if any, until the taking of the same shall have been completed. 

you are further hereby notitied that at the same time and place the 
deposition of Charles E. M. Cole, whose residence is Forty Mile precinct, 
fourth division. Territory of Alaska, will be taken before J. J. Donovan, 
commissioner in and for Forty INIile precinct, Alaska, to be read in evidence 
in the above-entitled proceeding, on behalf of said .Tames Wickersham, con¬ 
testant, and that the taking of said deposition will be continued from day to day 
thereafter and over Sundays and other holidays, if any, until the taking 
thereof shall have been completed. 

You are requested to have your attorney or agent present at said examina¬ 
tions to cross-examine said witnesses. 

Dated this 23d day of August, 1919. 

James Wickersham, 

Contestant. 

By Morton E. Stevens, 

His Attorney. 

Due service of the foregoing notice, together with a copy thereof, is hereby 
acknowledged this 23d day of August, 1919, at Fairlianks, Alaska. 

John A. Clark, 

Attorney for Contestee and George B. Grigshy. 

The hearing of testimony in rebuttal for contestant was begun at the office 
of Arthur G Thompson, notary public, at his office in the town of Anchorage, 
Alaska, on the 25th day of October, 1919, at 2 o’clock p. m., there being 
present Mr. Carl Almy, representing the contestee; - Duggan, represent¬ 

ing the contestant, and two witnesses duly summoned. 

Mr. Duggan. I will first offer for record this document (a stipulation under 
which the testimony of Harry Kingsbury and INIr. and Mrs. Clarence W. 
Mossman was taken in this case in the direct hearing) and request that it 
be marked “ Exhibit A,” and made a part of the record herein. 

i\Ir. Thompson, will the witnesses be sworn together or separately? 

]Mr. Thompson. I will swear them at the same time. [Administers oath 
to Mr. Lynch and IMr. Emard; Mr. Lynch takes the stand.] 

DEPOSITION OF M. H. LYNCH. 


By Mr. Duggan : 

Q. Your name is M. H. Lynch?—A. l’'es, sir. 

Q. You reside in Anchorage?—A. l^es, sir. 

Q. You are or have been in business with Mr. Emard?—A. Yes. 

Q. Where is your place of business?—A. 325 Fourth Avenue. 

Q. Your business is known as the Anchorage Realty Co.?—A. l^es. 

Q. Have elections ever been held in your office?—A. Yes; three times, to 
my recollection. 

Q. That would be the general election of 1916, 1918, and the special elec¬ 
tion?—A. Yes. 

Q. Where was the general election held for precinct No. 2 in 1918?—A. In 
our office. 

Q. Had notice been given that it was to be held there?—A. The notice was 
first posted on the door of what was known as the Recreation Pool Hall. 



724 WICKERSHAM VS. SULZER^ DECEASED^ AND GRIGSBY. 


Q. That is in tlie g:eneral election of 1918, tlie notice desisnatinj? precinct 
No. 2 was posted on tlie door of Recreation Ihiol Hall, naminj*: that hall as 
the place of election.—A. Yes. 

Q. Was your iilace known as precinct No, 2 in the jjeneral election of 1918? 

]Mr, Ali^iy. Objection. Not the notice of election in question here. 

A. The notice was first posted on the pool hall, hut, on account of sickness, 
was changed to our office. 

Q. Were you at the place known as the Recreation Ihiol Hall on the morn- 
inji' of the election?—A. Yes; at half past seven on that morning, 

Q. Had it been fitted up for the purpose of holding the election?—A. No. 
There was nothing there—no liooths, no tables, not even means of warming; 
the place had not even been swept out. 

Q. Nothing provided?—A. No. I the;i went hack to our office and told Mr. 
Emard, who was judge of election, of the condition of the Recreation Pool 
Hall. 

Q. Did you have any conversation with Judge Leopold David, commissioner, 
in regard to this matter?—A. Yes; I asked him what he was going to do 
about it ? 

Q, You phoned to Judge David in regard to the Recreation Pool Hall not 
being a fit place to hold election?—A. Yes, sir. 

Q, You talked the matter over with Judge David?—A. Yes. I asked him 
what we should do about it. I said the people would soon be coming in to 
vote—in 20 minutes. 

Q. What did he reply?—A. He said that elections have been held in your 
office before, why not hold it there again, and he directed that a notice be 
posted on the door of the Recreation Pool Hall stating that the place of polling 
for the second precinct had been changed to our office, on account of sickness; 
Mr. Ramsey had been taken ill the evening before and the hall had not been 
prepared, 

Q. Notice was posted?—A. Yes. 

Q. l>o you know the wording of that notice or where a copy is to be had?—A. 
Mr. Thompson has a copy, I guess. Mr. Emard, I think, gave him a copy. 

Q. In accordance with that notice, the election was held in your office?— 
A. Yes. 

Q. Do you know anyone who on account of the change in place of polling 
was misled and lost his vote? 

]Mr. Almy. Objection. This witness was not a judge of election, or an 
official of any kind. 

Q. Do you know of anyone who claimed to have been misled on account of 
the change in polling place?—A. I do not. I hear some say they read the 
notice. 

Q. With regard to the location of the Recreation Pool Hall, where is your 
office?—A. It is across the street, about half a block east, on Fourth. 

Q. What is Fourth Street in Anchorage?—A. It is the main business street. 

(}. So the change was only from one place on Fourth Street to another half 
a block distant on the same street?—A. Yes, sir. 

Q. AVhat time was this notice posted on the Recreation Pool Hall?—A. About 
7.30 or a quarter to 8. 

Q. Who signed this notice?—A. It was not signed. It was just typed and 
posted up, a printed notice. 

Q. ]Mr. Lynch, IVIr. Fred Martin, in the other hearing in this matter, testified 
that you handed some votes during the absence of Mr. Emard?—A. Yes, Mr. 
Emard asked me to take his place while he was absent answering a call of 
nature. I had passed three or four votes to the official at the box, when 
Fred iNIartin called attention to the fact that I was not an official myself, and 
I did not handle any more. 

Q. Do you know how many you handed up?—A. I may have taken three or 
four, not more than four, in that neighborhood. 

Q. You think there were three or four at most?—A. Yes; not more than 
four. 

Q. Was Mr. Martin representing the Democratic Party?—A. He said he was. 

Q. That is all. 

M. H. Lynch. 

Subscribed and sworn to before me this 14th day of November, 1919. 

[seal.] Arthue G. Thompson. 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 725 


DEPOSITION OF H. ,1. EM AID), 

Mr. EMAHD luivinj; been previously sworn was here called to the stand. 

By ]\Ir. Duggan : 

Q. Yon were jiidj^e of election at the general election of 1918?—A. Yes. 

Q. "W hoin were yon designated t») represent?—A. To iny recollection, no one. 
Nothing was said to me about that. 

Q. Yon were a partner of the previous witness, INIr. M. H. Lynch, in the real 
estate business, at that time?—A. No; not at that time. 

Q. Yon have been?—A. Yes. 

Q. Yon are aware that the original notice of election designated the ])olling 
place of the second precinct in . 1918 at the Kecreation Pool Hall, are von not?— 
A. Yes. 

Q. Was it held there?—A. No. 

Q. Why?—A. liecanse on the morning of the election I went over there to 
get the place ready for the election and found that it could not be used for 
that purpose and b(‘ opened on time for the voting to begin at 8 o’clock. 

Q. For what reason?—A. It is a big, barn-like structure, 20 by 125 feet; no 
stoves, or even stove pipe, no booths, tables, counters; nothing in the room ex- 
cei)t two pool tables; the floor has been torn up over an ai*ea of one-half of the 
room for purposed repairs, and was strewn about. 

Q. Was there a disease epidemic at that time?—A. Yes; the influenza was 
epidemic at that time. I called up Mr. Anderson, the owner of the building, 
and asked him why no preparations had been made to get the building ready 
for the election, and he replied that he had been taken ill with the influenza 
the evening before, and unable to attend to it. 

Q. What was the stage of the epidemic at that time?—A. It was at its height. 

Q. Did you have anyone communicate with Judge David in regard to a new 
place?—A. Yes. I asked INIr. Lynch to call Judge David and tell him the cir¬ 
cumstances and see what was to be done. I was there when Mr. Lynch ’phoned 
as to the Kecreation Pool Hall being unfit to hold the polling in, and he re¬ 
plied that we could use our own place instead, and told us to post a notice 
to that effect on the Recreation Pool Hall before 8 o’clock; which I did, per¬ 
sonally ; stating in the notice that on account of sickness our office would be 
used as the polling place. I posted this notice before 8. 

Q. What public office did Judge David held at that time?—A. United States 
commissioner at Anchorage, Alaska, Knik precinct. 

Q. Do you know of any persons who were deprived of their votes by reason 
of the change of polling place from the Recreation Pool Hall to your office?— 
A, I do not. 

Q. How far was the pool hall from your office?—A. About a block east, on 
the opposite side of the street. 

Q. Mr. Emard, was not this change made in the interests of the public 
health and for the convenience and safety of the public?—A. Yes. 

Q. Is it not a fact that all elections previous to this one had been held in 
your place as to tlie second precinct?—A. Yes; all up to that time. 

]Mr. Almy. Did Judge Da^■id tell you i)ersonally that you could change the 
liolling place? 

Mr. PHiaki). He told me through Mr. Lynch. 

Mr. Almy. You only know what IMr. Lynch told you Judge David said? 

Mr. I{;mard. I was present when he ’phoned. 

Mr. Duggan. IMr. p]mard, did you afterwards have any conversation with 
Judge David as to this matter? 

IMr. PLmard. Yes. He afterwards stated the same to me. 

Mr. Almy. You stated that you did not know of any one who lost his vote on 
account of the change in polling places. I take it you would not say no one did? 

Mr. Emard. I would not. 

I^Ir. Duggan. Do you think it possible for any one to have lost their vote on 
account of the change? 

]Mr. Emard. No one ever mentioned the matter of changing the polling place 
to me. They read the notice and came over to my place, or learned from others 
or saw that'the voting was going on at our office. 

’Nlr. Duggan. That is all. H. J. Emard. 

Subscribed and sworn to before me this 24th day of November, 1919. 

[seal.] Arthur G. Thompson, 

, * j Xotanj Puhlic. 

Mv commission expires May 6, 1922. 


726 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


The hearinjj of testimony in the above-entitled case was resumed on the 27th 
day of October, 1919, at half past 7 p. m.. pursuant to adjournment, there being 
present INIr. Thompson, notary public, IMr. Duggan, representative of the con¬ 
testant, and one witness summoned to appear. 

DEPOSITION OF F, M. BOYLE. 

INIr. Duggan. jNIr. Thompson, please swear the witness. Dr. Doyle. 

(Mr. Thompson administered oath.) 

By Mr. Duggan : 

Q. You are Dr. F. M. Boyle?—A. Yes. 

Q. You reside in Anchorage?—A. Yes. 

Q. You are a practicing physician?—A. Yes. 

Q. You were practicing here and residing in Anchorage in 1918 at election 
time?—A. I was. 

Q. What was the condition of the public health at the time of the election 
of 1918, November 4?—A. There was an epidemic of influenza prevailing at 
that time. 

Q. Was it quite severe in Anchorage?—A. It was severe and widespread; I 
estimate that 60 per cent or more of the population suffered from it. Prac¬ 
tically all in greater or less degree. 

Q. You are aware that the original election notice flxed the polling of the 
second precinct to be held in the Recreation Pool Hall?—A. Yes. 

Q. Was the election held there?—A. It was not. 

Q. Do you know why it was not held there?—A. No provision had been made 
at that place to afford heat, tables, or other conveniences for the judges and 
people, and on the morning of the election, November 5, 15 minutes before the 
time for opening the polls, I notifled Commissioner Leopold David to this 
effect, stating to him that no heat had been provided, nor indeed anything done 
to render the place fit for a polling place; and told him provisions could be 
made to hold the election half a block from the pool hall where the accommo¬ 
dations necessary and convenient were available; and he said that should be 
done and to have everything arranged accordingly. 

Q. You are the health officer of Anchorage?—A. I was sanitary officer of the 
town of Anchorage at the time. 

Q. Would it have been dangerous to the public health to have held the elec¬ 
tion in the Recretation Pool Hall without heat or other accommodations?—A. 
It would have been extremely derogatory to the health of the people, judges 
and clerks of election, in view of the weather conditions prevalent at that time, 
to have held the election in the Recreation Pool Hall. 

Q. Leopold David, of whom you speak, is United States commissioner for 
the district in which Anchorage is situated?—A. Yes. 

Q. Do you know whether a notice was posted in the window of the Recrea¬ 
tion Pool Hall stating that a change had been made and directing voters where 
to go?—A. Yes. Prior to the time for opening the polls a notice was posted on 
the door of Recreation Pool Hall. 

Q. Is it not a fact. Doctor, that all of the elections previous to this one had 
been held in the office of the Anchorage Realty Co. for the second precinct?— 
A. Yes. 

Q, Do you know of any one who was deprived of his vote by reason of the 
change of place of polling?—A. I do not. 

Q. With reference to the recreation pool hall, where was the office of the 
Anchorage Realty Co. where the election was held?—A. It was diagonally 
across the street about half a block distant, 

Q. On what street?—A. On the same street. 

Q. What is Fourth Street in the town of Anchorage?—A. It is the main 
business street. 

Q. So the polling place was merely changed to one one-half a block farther 
down the same street?—A. Yes. 

Q. Was it possible for any one to have lost his vote by reason of this change 
in polling place?—A. In my opinion, no one lost his vote on account of this 
change. It was generally known that the polling place had been changed; 
notice was posted and quite adequately made public. 

Q. Is it not a fact. Doctor, that many people, not having read the notice, 
went to Anchorage Realty Co.’s office as a matter of habit, having voted there 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 727 


before?—A. The office of the Anchorage Realty Co. is the place where all 
previous elections had been held, and that is where they would have gone. 

Q. To your knowledge, did any one object to the change in place of polling?— 
A. No. 

Q. Now, Doctor, another question. You knew S. A. Polley in his lifetime?— 
A. Yes. 

Q. Is he living or dead ?—A. S. A. Polley died early in the summer of 1918; 
I can not remember the exact date. 

Q. Can you name the month in which he died, or thereabouts? Was it 
before election?—A. Yes; it was in the summer. It was in the month of 
August, 1918. I was his physician. I could give the date by reference to 
my papers. 

Q. Thanks, Doctor. That is all. 

F. W. Boyle. 


Subscribed and sworn to before me this 14th day of October, 1919. 

[seal.] Arthur G. Thompson, 

Notary Public. 


My commission expires March 6, 1922. 


This is to certify that M. H. Lynch, F. IM. Boyle, and H. J. Kmard, the 
witnesses whose testimony is set forth in the foregoing deposition, appeared 
before me, a duly qualified notary public in and for the Territory of Alaska, 
at the time and place in this deposition stated, and after being first duly sworn 
to tell the truth, the whole truth, and nothing but the truth, was then and 
there interrogated touching the matters and things in issue in his contest, by 
the persons representing the contestant or the contestee in said deposition 
stated, and that the interrogatories propounded to said witness and the an¬ 
swers given by said witness to said interrogatories, together with the objec¬ 
tions of counsel representing the parties to this cause, are truly set forth in 
said deposition. 

That, I caused said depositions to be taken and transcribed by IMrs. Isabel 
Nelson, a stenographer, and when completed said deposition was read by said 
deposing witness and by him corrected, and that said witness then signed 
the same and swore that said deposition was true. 

That the exhibits referred to in said deposition are attached hereto, or 
accompany this deposition, together with all notices and stipulations taken 
and filed with me in the case. 

In witness whereof I have hereunto subscribed my name and affixed my 
official seal this 26th day of November, 1919 

[seal.] * Arthur G. Thompson, 

Notary Public in and for the Teritory of Alaska, resuling at Anchorage. 

My commission expires May 6, 1922. 


STIPULATIONS. 

It is hereby stipulated and agreed by and between Sherman Duggan, repre¬ 
senting the contestant, and Thomas Price, representing the contestee, that the 
testimony of F. M. Boyle, a witness produced on behalf of contestant in re¬ 
buttal, may be taken before Arthur G. Thompson, a notary public in and for 
the Territory of Alaska, at the office of Arthur G. Thompson, in the town of 
Anchorage, Alaska, on the 27th day of October, 1919. 

Sherman Duggan. 

Attorney for Contestant. 

Thos. C. Price, 

Sherman Duggan, 

Contestants Exhibit A. 


STIPULATION. 

Before Arthur G. Thompson, a notary public in and for the Territory of 
Alaska, residing at Anchorage. 

It is hereby stipulated and agreed by and between .Tames Wickersham, con¬ 
testant, by his agent and representative, Dr. F. M. Boyle, and Charles A. Sulzer 


728 . WICKERSHAM VS. SULZER^ DECEASED^ AND GRIGSBY. 


(for whom George B. Grigsby lias l)eeii siii)stitnte(l for purpose of service and 
notice, ni)on tlie demise of said Sidzert contestee, i)y his agent and representative 
and on heludf of said Grigsby, Thomas C. Price, in tlie ai)ove-entitled cause and 
the hearing therein, tliat the testimony of Harry Kingsherry, a witness cited to 
appear herein, may he taken, on the 2d day of Septeml)er, 1919, at the lunir of 
8 o’clock p, m.; and the testimony of C. W. ]Mossman, and Mrs. IMossman, a 
witness cited to appear herein, hut at present absent from the town of Anchor¬ 
age, may he taken upon his return at a time to he agreed niion by.the repre¬ 
sentatives of the contestant and the contestee herein; and that no‘ol)jection to 
said testimony or the introduction thereof sliall he taken upon the trial of said 
cause, on account of the extension or limitation of time herein stipulated. 

Dated at Anchorage, Alaska, this 2d day of September, 1919. 

F. M. Boyle, 

Representative of Contestant. 

Thos. C. Price, 

• Representative of Contestee. 

notice to take depositions for contestant in rebuttal. 

To Thomas C. Priee, attorney and representative for George Grigshy, at Anehor- 

age, Alaska. 

Yon will please take notice that on Saturday the 25th day of October, 1919, at 
the hour of 10 o’clock a. m., at the office of Arthur G. Thompson, on the corner 
of F and Fourth Streets, in the town of Anchorage, Alaska, the following wit¬ 
nesses, whose residence in Anchorage, Alaska, will be examined under oath 
before Arthur G. Thompson, a notary public in and for the Territory of Alaska, 
in the above-entitled cause: INI. H. Lynch and Henry Emard ; and on the same 
day, at the same place, at the hour of 2 o'clock p. m., before Henry Emard, a 
notary public in and for the Territory of Alaska, the witness Arthur G. Thomp¬ 
son, of Anchorage, will he examined under oath, in the above-entitled cause, all 
of said witnesses being produced on behalf of the contestant herein, in reJiuttal, 
at which time and place you may attend if you so desire. 

Sherman Duggan, 
Attorney for Contestant. 

Received copy of foregoing notice October 20, 1919. 

Thomas C. Price, 
Attorney for Contestee. 

DEPOSITION OF ARTHUR G. THOMPSON. 

Deposition of Arthur G. Thompson, a witness produced on behalf of the 
contestant, taken before Carl Almy, a notary public in and for the Territory 
of Alaska, at 2 o’clock p. m. on the 25th day of October, 1919, at Anchorage, 
Alaska. 

IMr. Duggan. I wish to place Mr. Thompson on the stand. Mr. Almy, you are 
a notary public, I believe. Will you swear Mr. Thompson? 

(Mr. Almy administers oath.) 

Questions by Mr. Duggan : 

Q. Mr. Thompson, have you a map of the town of Anchorage?—A. Here is 
one. 

Q. How may one establish the identity of this map?—A. It is a copy of the 
map in the recorder’s office. I believe it is the official map of the town of 
Anchorage. 

Q. I offer.this map for record in this case, and ask to have it marked “ Ex¬ 
hibit B ” herein. 

(Ordered.) 

Q. How is “F” Street designated on this map?—A. It is designated bv the 
mark “ F.” 

Q. To your knowledge has “ F ” Street ever been opened beyond Ninth Street 
toward the south?—A. No. As far as the physical construction of “F” Street 
is concerned it terminates at Ninth. 

(). Since the making of this map lias there been any extension of Ninth 
Street toward the south?—A. There has not. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


729 


Q. There is no “F” Street beyond First?—A. “F” Street does not extend 
to First; it terminates at the brow of the hill. 

Q. It does not extend quite to First?—A. No. 

Q. How does “F” Street divide the town?—A. INIidway, east and west. 

Q. Mr. Thompson, did yon have anythinjj to do with the use of antomohiles 
in the election of 1918?—A. Well, I can not say that I had, except in this 
respect: I was a member of the Kepnblican organization that had charge of 
the campaign; and as a member of the committee took under consideration 
the matter of using automobiles. It was decided that the only proper nse of 
antomohiles in an election would l)e for the purpose of bringing out the vote 
by furnishing automobile transportation to those who would otherwise be 
unable to reach the polls on account of the distance and weather, etc. 

(„). You did not personally run an auto?—A. No; I did not. 

(.>. For what purpose was the automobile used?—A. For the purpose of get¬ 
ting the Republican vote out. 

To get the vote out that you knew was Republican?—A. Yes. 

C}. No niemher of your party had out autos for the purpose of influencing 
votes?—A. No. No one so far as my connection with the matter was con¬ 
cerned. or my knowledge of it extends. The sole purpose of the automobiles 
was to bring to the polls Republican voters, especially women, living at a 
distance, who otherwise would have to walk in inclement weather. No one 
sought to influence votes, nor would I suppose a voter would be so influenced. 
No one was asked about his or her vote, to my knowledge. 

C}. The sole purpose was to get out the Republican vote?—A. Yes. 

Q. You say that the street named “ F ” divides the town of Anchorage about 
midway?—A. Yes. 

(}. Is it not a fact that there are a number of citizens beyond Ninth on un¬ 
platted ground; that‘is, acreage?—A. Yes. I do not know how many. There 
are a number of people reside in the vicinity of C Street, south of Ninth. 

(^. How many?—A. I do not know; perhaps 10 or 15. 

Q. “ F ” Street divides the town of Anchorage about equally, and into voting 
precincts Nos. 1 and 2?—A. Yes. 

Autos could have been used without your knowledge for the purpose of 
influencing votes?—A. Yes they could have l)een. 

Q. Did you pay for tlie rental of the auto?—A. I did not. 

Q. Who did pay for the autos?—A. I could not say. I do not know. 

Arthur G. Thompson. 

Subscribed and sworn to before me this-day of November, 1919. 

[seal.] Carl Almy. 

My commission expires Aug. 12, 1922, 

This is to certify that Arthur G. Thompson, the witness whose testi¬ 
mony is set forth'in the foregoing de]iosition, appearefl before me, a duly 
qualifled notary public in and for the Territory of Alaska, at the time and 
place in this deposition stated, and after being first duly sworn to tell the 
truth, the whole truth, and nothing hut the truth, was then and there interro¬ 
gated touching the matters and things in issue in this contest, by the persons 
representing the contestant or the contestee in said deposition stated, and that 
tlie interrogatories propounded to said witness and the answers given by said 
witness to said interrogatories, together with the objections of counsel repre¬ 
senting the parties to his cause are trul.v set forth in said deposition. 

That I caused said deposition to he taken and transcribed by Mrs. Isabel Nel¬ 
son, a stenographer, and when completed, said deposition was read by said 
witness, and by him corrected, and that said witness then signed the same and 
swore that said deposition was true. 

That the exhibits referred to in said depositions are attached hereto, or ac¬ 
company this deposition, together with all notices, and stipulations, taken and 

filed with me in the case. ^ , 

In witness whereof I have hereunto subscribed my name and affix my official 
seal this 26th day of November, 1919. 

[SEAL.] Gael Almy, 

Xofaru Fuhlic, Territory of Alaska, rcsuliny at Anchorage. 

STIPULATION. 

It is hereby stipulated and agreed by and between Sherman Duggan, repre¬ 
senting the contestant, and Thomas Price, representing the contestee, that the 



730 WICKERSHAM VS. SULZEE, DEC’EASED, AND GRIGSBY. 


testimony of Arthur G. Tliompsoii, a witness produced on behalf of contes¬ 
tant in rehiittal, may he taken before Carl Almy, a n<»tary public in and 
for the Territory of Alaska, at the office of Arthur (t. Thompson, in the town 
of Anchorage, Alaska, on the 25th day of October, 1919. 

Sherman Duggan, 

Attorney for contestant. 

% Thos. C. Price, 

Attorney for contestee. 

Contestant’s Exhibit B. —Official map of the town of Anchorage. (Omitted 
in printing.) 

Proceedings of the Alaska Territorial Canvassing Board, Composed of 

Thomas Higgs, jr., Chairman, Charles E. Davidson, C. D. Garfield, held 

January 30 to April 17, 1919, General Election of November 5, 1918. 

Thursday, .January 30, 1919. 

The canvassing hoard met at 2.15 p. m. 

Present: Gov. Riggs (chairman). Surveyor General Davidson, and Acting 
Collector of Customs Garfield. 

The board thereupon proceeded to organize for the purpose of canvassing the 
votes cast in the election of November 5, 1918. 

The Chairman. The law providing for the meeting of the canvassing board 
is in conflict with the days of election. It was originally- 

IMr. Garfield (interposing). I noticed that in looking it up. 

The Chairman (continuing). It was originally called for October, but that 
^^•as '\\dien the election was in August, and it was afterwards changed. I have 
here an opinion of the Attorney General, stating in substance that to make the 
count within the time limit, as contemplaed by the old board, the meeting must 
be held before the 31st of January. I don’t know whether you want to read 
that letter or just simply put it in the record. 

IMr. Garfield. What is that based on? 

The Chairman. I better read it [reads opinion] : 

December 2G, 1918. 

Hon. Thomas Riggs, ,Tr., 

Governor of Alaska, Washington, D. C. 

My Dear Governor : Referring to our conversation of recent date with refer¬ 
ence to the date of meeting of the canvassing board for the pur])ose of canvass¬ 
ing the votes cast at the last general election held November 5, 1918, for the 
election of a Delegate from Alaska and other Territorial officers, I have to Siiy: 

That the act of IMay 5, 190G, entitled “ An act providing for the election of 
a Delegate to the House of Representatives for the Territory of Alaska,” pro¬ 
vided that the election for said Delegate should be held on the second Tuesday 
in August of each year in which a general election was held. The act also pro¬ 
vided that the canvassing board should meet to canvass the votes cast for 
Delegate to Congress within 10 days after the third Tuesday in October. 

The act of August 24, 1912, which granted to Alaska a legislative assembly, 
changed the date of election of Delegate to Congress from the second Tuesday 
in August to the first Tuesday after the first IMonday in November. The act of 
August 24, 1912, however, failed to provide for a corresponding change in the 
meetings of the canvassing board, so that there is no law fixing the date of 
meeting of the canvassing board in Alaska except the old law fixing the date of 
meetings within 10 days after the third Tuesday in October, which is inoperative, 
since the date of election was changed and repealed by implication. 

Two years ago this matter came before me in the form of a communication 
from Gov. .1. A. F. Strong, and I advised him to call a meeting of the canvass¬ 
ing board for a date which would be approximately the same length of time 
after the late of election as the length of time after the date of election provided 
under the act of May 7, 190G, when the election was held in August. That is to 
say, when the election was held on the second Tuesday in August, it had to be 
held on some date between August 8 and 14, inclusive. The third Tuesdays in 
October could occur on aiw date from the 15th to the 21st, inclusive. October 
being the second month after the date of election, as formerly^ held, applying 
the same rule to the elections as now held, the convassing board would, meet 
within 10 days after the third Tuesday in .January following election. As to 
this particular election, the third Tuesday in January occurs on the 21st of 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 731 


January. Within 10 days thereafter would he on or before .Tannary .31, 1916. 
This would result in the eanvassinj^ hoard’s hein*? called about the same leufjth 
of time after election as it provided by law it should be called before the date 
of election was changed. As I said before, how’’ever, there is absolutely no law 
applicable; as far as the legality of the matter is concerned, it is practically 
a matter of gubernatorial discretion when the meeting of the convassing board 
should be called. 

(Signed) George B. Grigsby. 


I thought, however, it was best to comply with the spirit of the act as to the 
length of time between the election and Gie calling of the canvassing board, so 
that there will be no criticism or comment, and for that reason I have called 
the canvassing board together to-day for the purpose of at least organizing and 
laying out our work. 

-Mr. Garfield. What were your pin ns. Governor? 

The Chairman I think we better organize and then hang up until I get 
some of this work off my desk. Will Wednesday the 5th suit you? 

Mr. Garfield. I’ve got to get out my report, and that takes three or four days 
after the 1st of the month, and I’ll lose a day on account of Sunday, so it will 
be just right. 

The Chairman. The next meeting will be called on Wednesday, February 5, 
at 10 o’clock in the morning. 

Shouldn’t we invite candidates to be represented here by counsel? 

Mr. Davidson. Well, it’s a good idea. Here’s a letter that was put on my 
desk. I imagine that’s just maybe what that it. We did itJiefore. We invited 
them, telling them we were going to commence the count on a certain day. 
[Hands letter to chairman.] 

The Chairman. This is a letter from Judge Rustgard and John B. Marshall, 
[reads letter] : 

.Juneau, Alaska, January SO, 1910. 


The Territorial Canvassing Board, 

Juneau, Alaska. 

Gentlemen : The undersigned beg to advise you that we desire to be present 
during the canvass of the returns of the last general election in the Territory, 
representing .Tames Wickersham and other Republican candidates. 

We beg to suggest that no returns be opened except in the presence of the 
entire canvassing board and that no returns, after being opened, be handled by 
any person except in the presence of the entire canvassing board. 

We also respectfully request that we be permitted to know at what time and 
times your board will be in session, in order that we may be present and be 
given leave to inspect the returns as tallied. 

Respectfully, 

•John Rustgard. 

John B. Marshall. 


The Chairman. In other words, they make the request that we don’t do any¬ 
thing improper. 

Mr. Davidson. Well, of course, we’ll do that to suit ourselves. If they want 
to be here, let them come here. It would be the deuce if we couldn’t count the 
votes if one of them weren’t here 

The Chairman. The inference being that some member of the canvassing 
board might tamper with the returns. Now, I think, in view of Judge Wicker- 
sham’s speech in the House, stating that Judge Rustgard did not represent him 
here that it might be well to wire Judge Wickersham, asking him if he wishes 
to appoint a representative—if he wishes to designate a representative. 

Air Davidson. Isn’t Marshall his representative either? 

The Chairman. I don’t know. He says that they desire to be present during 
the canvass of the returns of the last general election, representing James 
AVickersham and other Republican candidates. 

Mr. Garfield. Well, I suppose they are possibly representing Republica 
candidates—if they do not sign themselves as representatives. 

The Chairman. It’s a voluntary- 

Mr. Garfield (interiiosing). Personal proposition. 

The Chairman (continuing). Representation. . 

Air D 4 VIDSON. I would suggest that you do this—that you wire All. Wickei- 
sham’and Air. Sulzer and tell them we’re going to commence counting on the 
5th of February at 10 o’clock and if they wish to be represented we will be 
glad to have their men here. 



732 WICKERSHAM VS. SULZER^ DECREASED, AND GRIGSBY. 


Mr, Gakfield. Isn’t there a provision in the law that requires that the can¬ 
vass shall be publicly made? 

The Chairman. Publicly made. 

Mr. Garfield. And is there any particular reference there that any of the 
candidates shall he represented by any one? 

Mr. Davidson. No. 

The Chairman. I think, though, that we’d he glad to have any candidates 
represented. 

]\Ir. Garfield. If you’re going to notify one, why not notify all of them? 
And it’s a practical imj)ossihility to reach all the candidates on the tickets. 
I know you couldn’t notify a lot of them in the second and the third, or fourth 
division, rather. 

The Chairman. I think that is a very proper suggestion. 

Mr. Garfield. I think there isn’t any notice required that the canvassing 
board meets at any particular time, but if the meeting is publicly held and if 
anybody presents themselves here as representing any candidates, I don’t see 
why we can’t accept that; if they are just here as citizens, in their capacity 
as such, and desire to witness the affairs that are conducted by the board. 

]Mr. Davidson, Last time Wickersham didn’t have anybody here. 

Mr, Garfield. Russell was in and out, purporting to watch the thing, in a 
^vay. 

Mr. Davidson. Yes; but there was proliably a week that we didn’t see him. 
It was a,good deal that way with Sulzer’s side. They would come in for a day 
and then be gone for three or four days. I would rather have all of them in. 
Let them see it. 

Mr. Garfield. This communication is entirely incompetent, I should say, 
because they have this right under the law. I don’t see why it is necessary 
for them to notify the canvassing board and suggest that certain things shall 
not be done which is contrary to the law if it were done. Furthermore, I don’t 
see any reason why, if anything happened to one of the canvassing board, the 
other two shouldn’t go right on and make the count. 

The Chairman. Well, that is a matter we’ll have to obtain an opinion on, I 
think. The only person that would be affected by death would be yourself, 
because in case of my death you are acting governor, and I don’t know whether 
there could be an acting surveyor general appointed. ' 

Mr. Davidson. Oh, yes; they could do that. So I don’t think there is any¬ 
thing in that; and so far as handling those returns is concerned, we’ll handle 
those returns the way we want to handle them, 

Mr. Garfield. The only thing I see to do with this communication would be to 
reply to them and say that the board will convene for the purpose of counting 
the votes on the 5th of February, at 10 o’clock, in the governor’s office. 

Mr. Davidson. How would it be. Governor, to put a notice in the paper—■ 
give them a news item—that the board is ready to commence the count on 
the 5th? 

The Chairman. And in replying to this letter state that the canvass will be 
open to anybody who can get into the room. 

Mr. Garfield, How would it be to state that it will be publicly held? 

The Chairman. Be publicly held. And that we Avill not recognize them as 
especially representing. Judge Wickersham or other Republican candidates 
unless they present credentials. 

IMr. Garfield. Do you think that is necessary? Does the law contemplate 
anything of that kind? 

The Chairman. Does not contemplate; except as a matter of courtesy to- 

IMr. Garfield (interposing). To the candidates? 

The Chairman. Yes; to the candidates. 

IMr. Garfield. Of course, if that course is indicated in the law. If not, why 
I don’t think it’s necessary. It simply says that the meeting shall be publicly 
held. I think all that will be necessary will be to notify them that we will 
convene on such and such a day for that purpose and that the meeting will 
be publicly held. 

The Chairman. Does it say “publicly held”? 

Mr. Davidson. Yes; some place it says that it shall be publicly held. 

Mr. Garfield. I remember reading it some ]Mace, too. 

The Chairman. It says that the meeting shall be publicly made. 

Mr. Davidson. And anybody can come in. We can just reply to that as a 
joint letter and send the other fellow a carbon copy of it. 

• Whereupon the following letter was sent: 



WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 733 


January 30, 1919. 

Hon. John Rustgard, 

Mr. John B. Marshall, 

Juneau. 

Gentlemen : Your letter of January 30, addressed to the Territorial can¬ 
vassing board, has been received and laid before the board. 

The board begs to advise you that all meetings will be publicly held for the 
canvass of the votes cast at the last election of November 5, 1918, and that no 
meeting will be held without due notitication. It is the purpose of the board 
to commence the canvass of the votes on AVednesday, February 5, at 10 a. m., 
in the office of the governor. 

I beg to assure you that your suggestion that no returns be opened except 
in the presence of the entire canvassing board and that no returns be han¬ 
dled by anj" person except in the presence of the canvassig board, is one that 
the board would naturally comply with, and no other action would be taken 
under any circumstances. 

Respectfully, Thomas Riggs, Jr., 

Goi'ernor, Chairman of the Canvassing Board. 

The Chairman. Is there any other business before the board? 

Mr. Davidson. I think that’s'all. 

Mr. Garfield. I don’t know of anything. I suppose we are organized. 

The Chairman. With one exception. Now, the returns, after they have been 
received at this office, have been immediately sealed with my personal, private 
seal and a receipt taken from Mr. Davidson, and the returns put in his vault, 
as we have no fireproof vault-in which to place them here. Now are those 
returns all to be brought lip here? 

Mr. Davidson. I wouldn’t bring them all; I’d bring them just as we can 
handle them. I should think that would be all that is necessary. Otherwise 
you will have a big stack laying here. 

The Chairman. I suggest that you send up on AVednesday, the 5th, the 
returns from the first division. If we can’t get through with those, we can 
take half of that number, at least, and put them in the office safe. 

Mr. Davidson, AVe wouldn’t be able to get through with the first division 
in a day. Now% how about the time of holding the meetings? How will it be 
to have them from, say 10 to noon and 2 to 4, so that it will give us a chance 
to do some work on the outside? 

The Chairman. Ten to noon, 2 to 4. That is satisfactory to me. 

Mr. Davidson. That will give us ail a chance to get back before our offices 
close. 

The Chairman. Is there anything else? 

Mr. Davidson. That’s all I can think of. 

Mr. Garfield. I think it would be proper to move that the board adjourn, 
then, to meet in the morning of February 5, to continue the- 

The Chairman (interposing). To commence the canvass of the votes. 

Mr. Davidson, How would it be to say that we continue this? This is our 
first meeting. AA"e don’t adjourn. AA"e can adjourn from time to time; so we’ll 
simply adjourn until the 5th to continue then, so the record will show that we 
commenced. 

The Chairman. Yes. 

Mr. Davidson. So we are practically in session all the time. 

Mr. Garfield. Then, I’d change that motion. I’d move that this session be 
continued until 10 o’clock the morning of February 5 at this place. 

Mr. Davidson. All right. 

The Chairman. It is so ordered. 

AA'ednesday, February 5, 1919. 

The canvassing board met at 10.15 a. m. 

Present: Gov. Riggs (chairman). Surveyor General Davidson, and Act¬ 
ing Collector of Customs Garfield; John B. Marshall and John Rustgard, repre¬ 
senting James AAfickersham and other Republican candidates, and J. A. Hellen- 
thal and J. R. AAunn, representing Sulzer. 

The Chairman. Just for a matter of inquiry, I have here a letter from 
John Rustgard, signed by John Rustgard and John B. Marshall, stating that 
they represent James AAfickersham and other Republican candidates and sug- 
gesdng—[reads letter on page 3 of record]. 

I’d like to know. Judge Rustgard, if you have been asked by Judge AATcker- 

sham to represent him? 



734 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


IMr. Kustgard. Yes, Governor; I have been asked by Judge AVickersbam to 
be present at the time of the canvass and make the necessary observations 
and report them. 

The Chairman. AVould you submit your autborization as a part of the 
record ? 

Mr. llusTGARD. No; the communication—the request I refer to is set out 
in a communication wliicb contains other matter, so for that reason I wouldn’t 
care to file—entirely private matters. 

The Chairman. You have, though, a request from Judge AVickersbam to 
be present and look after bis interests. 

Air. Rustgard. Yes. 

The Chairman. I’d like to have that as a matter of record on account of 
something of a controversy that has been going on on the floor of the House. 
I know that, in an informal manner. Air. Hellenthal has been asked to repre¬ 
sent the interests of Air. Sulzer jn the same way. AA'e’ll be glad to show every 
courtesy to the representatives of either candidate. I will state, however, 
that it was hardly necessary, in this letter, to call the attention of the can¬ 
vassing board to the possibility of their taking any steps that would be im¬ 
proper in the canvass of these votes. The board is bound by oath of office, 
and no matter what their political opinion might be, they would not, in any 
way, attempt to violate a solemn oath. 

I have here a rather knotty little pi'oblem, contained in a telegram dated 
at Nome, Alaska, from Barney Gibney, stating: 

“ Section 2, chapter 27, session laws, 1915, provide for road commissioner, 
this office, Alarcb 1. Returns Nome show me elected commissioner second 
division, plurality 13 votes. Account quarantine, - have not gone out from 
Nome. AAJll canvassing board wait for Nome returns to reach Juneau? Should 
I qualify before canvassing board acts or before Alarcb 1? 

“ Parndey Gibney.” 

The law provides, as I understand it, that the certificate of the clerk of 
the court may be u.«;ed when returns have not reached the board, but owing 
to the influenza epidemic and the quarantine, there seems little possibility 
that the returns will reach Juneau before Alarcb 1, as I am also in receipt of 
a telegram from Dr. Neuman, the assistant commissioner of health, as follows: 

“ The quarantine on mails will be lifted on February 15. Exchange mails 
will take place near infected districts. The mail carriers will carry masks 
and keep dogs apart. The carriers from uninfected districts forbidden to 
enter infected places and carriers from infected districts travel only to point 
of exchange at the same time travel is forbidden. This applies to all second 
division. 

“ Neuman.” 

In the matter of the Delegate, why, that doesn’t make so much difference. 
The certificate of the clerk of the court will probably be here before the extra 
session of Congress is called or before it is necessary to give a certificate to 
one of the candidates. But here the law provides that these men should take 
office on Alarcb 1. I think this is a thing we will have to ask an opinion on. 

Air. Garfield. Barney is that? 

The Chairman. Yes, Barney; it’s marked “ Parndey.” 

Air. Davidson. Not only his, but all of these legislators. They have got 
to commence on Alarch 1. 

The Chairman. Yes. 

Air. Davidson. It won’t be over until the 15th? 

The Chairman. Fifteenth. 

Air. Garfield. The best they could do would be the middle of Alarch before 
they could get here. 

The Chairman. Forty days is the average time for mails to come through. 

Air. Garfield. Got to figure on 40 days. 

The Chairman. And that’s from the coast. You’ve got to figure on four days 
from Valdez. 

Air. Garfield. Forty days and forty nights. 

The Chairman. Well, the attorney general will be here on the City of Seattle, 
I understand, and I think it is a question which we can very well put up to 
him upon his arrival. 

Air, Garfield. AVe’ve got lots of time to put it up to him. 

The Chairman, For the benefit of those who were not here at the first meet¬ 
ing of the canvassing board, I may state that the board was called together 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 735 

simply to organize and map out a mode of procedure, and that the returns were 
not brought into the office in any way. It was explained to Mr. Garfield, 
the acting collector of customs and a member of the hoard, that the returns had 
been received in this office, according to the law, and were immediately sealed 
with my private seal, without being opened, and forwarded to the secretary of 
the Territory for safekeeping in his vault, there being no vaults in this office 
and the safe being too small to contain the returns. 

This opinion of Gen. Grigsby’s has already been made a part of the record, 
regarding the time of calling the meeting. Here is the list of receipts signed 
by you [to Davidson] for all the returns received to date. 

These are the certificates of the new voting precincts, which we will reach 
as we come to them; the oaths of the judges of election for McGrath voting 
precinct and of the judges for Franklin and Plat voting precincts. 

Mr. Davidson. I would suggest that those be put over until we come to 
them. 

The Chairman. Come to them; yes. I think we can proceed now with the 
tally of the votes. 

([Mr. Pox opens a package of election returns under seal.) 

The Chairman. This is the Ketchikan voting precinct. 

[Mr. Davidson. Here is the certificate of election, properly signed by the 
judges. Now, here is some challenged oaths. 

The Chairman. I think that’s Keeney, isn’t it? 

Mr. Garfield. I think that’s what- 

The Chairman. Kelly. 

[Mr. Garfield. Coulter. Here’s a sample ballot. There’s always a chance 
that somebody is entitled to a ballot in those. It’s up to us to look over those 
ballots. 

The Chairman. What do we do with these unvoted ballots? 

Mr. Da\udson. Oh, just file them in here. We have always put everything 
that was with them right back into the returns. Some of these judges had 
to make a ruling on ballots like that. They’ll say that they’re spoiled, and, as 
a matter of fact, they’re not. We don’t count the ballots at all; we have to 
take them as they are. 

The Chairman. That is a sample ballot [exhibiting]. 

[Mr. Garfield. And this-—they evidently figured this as a blank, although 
there are two men voted for. 

Mr. Davidson. I think those fellows intended that vote to be cast, and it 
don’t matter whether they vote for all the rest of them or not- 

The Chairman. Well, it can’t be counted, because there are two men voted 
for for the same office. 

Mr. Davidson. You’ll find that there’s a number of them where the cross is 
not placed right. That’s the point I was making—whether that cross is in 
that part [pointing] or on this side. You’ll find it probably through this that 
there are a number of those, and we’ll have to make a ruling on that. 

Mr. Garfield. I wouldn’t think that so long as the intention of the voter was 
plainly indicated; regardless of where the cross was placed, I should think it 
would be a good vote. 

[Mr. Davidson. We always counted those. Whether it was sound or a fellow 
had made a mistake could be proved by anybody who looked at that ballot. 
You can see who he intended to vote for. 

The Chairman. Y"es; I think that where the intent is plainly expressed, we 
can count it, provided that the ballot is otherwise in proper form. 

[Mr. Garfield. Provided it is on the official ballot. This fellow has expressed 
his intention very plainly, but it is not on the official form of ballot. 

[Mr. Davidson. Well, I move you, [Mr. Chairman, that where ballots are not 
marked in the proper squares, in front of the name, whether crosses appear 
after the name-- 

Mr. Garfield. Say to the left of the name: I suggest-- 

Mr. Davidson. Yes; wherever they appear, instead of to the right of the 
name; instead of in the proper squares-- 

The Chairman. Right of the name. 

IMr. Davidson. And that where the intent of the voter is plainly shown, that 
they bo counted. 

The Chairman. Provided it is on the official ballot. 

Mr. Garfield. Provided the rest of the ballot is all clear. 

[Mr. Davidson. I second that motion. 

The Chairman. That motion is carried. 







736 WICKERSHAM VS. SULZER^ DECEASED^ AND GRIGSBY. 


Davidson. Kecanse we’li have that coining up a lot and we might as 
well get it settled. 

The Chairman. Ought we skin over the other ballots and see whether 
they’re all right? 

iMr. Davidson. No; I think that would take up a lot of time. That’s not 
within oui* province. 

INIr. Garfield. But a matter of this kind is. 

iMr. Davidson. We have a perfect right to look over the ballots. 

The Chairman. Those are all sample—official ballots probably. 

Mr. Davidson. As far as these challenges are concerned, it is not up to us. 
They have sworn in their ballots; so I don’t think it is up to us. 

The Chairman. -Have you any suggestion or comment to make, Judge 
Rustgard, Judge, Judge Hollenthal? 

Ml*. Hellenthal. No. 

IMr. Davidson. You see, we’ll find these challenges, but that’s not up to us. I 
don’t see how we can act on it. We’d have to go into it and hold a hearing 
to settle it. He swears he has a right to vote and then it would be up to 
Congress. 

The Chairman. I think it is up to the local court. 

■JMr. Davidson. There’d have to be a hearing. 

The Chairman. We can’t determine the qualifications of a voter. 

Ml'. Marshall. I think I would like to take a memorandum of these votes 
which are sworn in. 

Mr. Davidson. Well, we can make a record. The following were challenges 
and swore in their votes: Win. J. Coulter; Charles—What is that? Standish? 
No. What do you call it, Charlie? 

Mr. Garfield. Standish; no. 

The Chairman. Starish. E. G. Keeney, Mrs. E G Keeney, Mae Kagan, 
Fred Chapman, and Aniel I’olson. 

Shall we make a record of those wlio are rejected—challenged and rejected? 

IMr. Davidson. We can do that; we might as well have-- 

IMr. Marshall. I don’t care about it personally. 

The CiiAiRjMAN. James Kelly, challenged and rejected; J. C. Cocheron, chal¬ 
lenged and rejected. 

IMr. Davidson. Now, the registration book is in the returns, and all the cer¬ 
tificates of election are properly signed. 

The Chairman. Properly signed by the judges. 

IMr. Garfield. And the tally book properly signed by the judges of election. 
Signed by the judges and clerks. 

Ml*. Davidson. Now, the next thing for us is to—we checked those [indi¬ 
cating]. 

JUNEAV NO. 1. 

(Returns opened and checked.) 

The Chairman. Here, for instance, is a ballot in point, marked on the wrong 
side. I don’t suppose you want to reject that one. 

Mr. Rustgard. You have passed your resolution. 

The Chairman. Any challenges? 

The Chairman. Won’t we have to put the name down? 

Mr. Garfield. Oh, yes. 

Mr. Davidson. Here is the certificate of election. Certificate seems to be 
proper. Two certificates of election properly signed, registration book with 
proper certificates. 

The Chairman. Here is one ballot here where a man has voted for six repre¬ 
sentatives ; here is another one where a man has voted for five representatives. 
That is marked in that column “ Not counted.” I suppose that means that 
that part of it is not counted. 

Mr. Davidson. They couldn’t tell which representatives to count it for. 

The Chairman. There is another one voted on the wrong side. 

Mr. Davidson. There’ll be a lot of them like that. 

The Chairman. That’s three I found. There is another one not counted; 
not counted for Delegate and not counted for Territorial representatives—made 
the cross up on top . 

IMr. Rustgard. Counted for senator and road commissioner evidently. 

Tlie Chairman. Counted for senator and road commissioner. These all seem 
to be in order. Judge [to IMr. Rustgard]. The only one he left off there is 
Wickersham and Shepard. 



VV^ICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 737 


that is, 
Sulzer. 


voted in 
Plere’s a 


all seem 
to he no re- 


Aiiy challenges? 

Mr. Davidson, No challenges. 

The Chairman. Another one that voted on both sides; 
the wrong column. Not counted. AA)ted for Connolly and 
blank ballot. 

Mr. Davidson. Wholly blank? 

The Chairman. That checks two blank ballots. The rest of them 
to be in order. 

Mr. Davidson. This is the tally hook, properly signed. Seem 
jected votes. 

The Chairman. There has evidently been a tally erased, hut as it is for 
Arne.ss, who by no possibility is elected, I think it might be overlooked. 

Mr. Davidson. The tally is there, all right. Some fellow may have done 

that to check back and see- 

The Chairman. Yes, 

Mr. Davidson (continuing). For himself. 

The Chairman. I make tlie count 2oS. I think that there is something off in 
this precinct. Here’s one that’s not counted. 

Mr. Davidson. Not counted at all? 

The C’hairman. Wasn’t counted at all. 

Mr. Davidson. What’s the matter? 

The (’hairman. For the reason that five were cast for Territorial representa¬ 
tives ; we’ll have to count that one, I think. 

Mr. Davidson. We have to count those that are entitled to it. 

The Chairman. That are entitled to it. Here is another one rejected for the 
same reason,. It makes a difference of two for Territorial senator and five for 
representative. 

INIr. Davidson. Those ballots should be counted ; no question about it. They’re 
always good. 

The Chairman. Here is one blank ballot. That makes a check on the total 
number of ballots cast. 

Well, will soineliody make a motion about these ballots? 

]\Ir. Davidson. Well, I’ll move you that these ballots be counted so far as 
they are legal. 

Mr. Garfield. What do you mean by that? 

The Chairman. So far as they ajqily? 

Mr. Davidson. Yes; so far as they apply; there being on each one of the 
ballots having voted for five Territorial representatives, the representative can 
not be counted, and the others should he counted. 

The Chairman. Is that your [to Mr. Garfield]- 

Mr. Garfield. Yes. 

The Chairman. Motion carried. 

q^hen, in addition, I suppose we ought to mark this on the tally book. 

Mr. Davidson. Yes; let’s tally that, Charlie. 

Mr. Garfield. Well, that makes a total of two more votes, 
qdie (’hairman. I’hat makes one more vote for Wickershani. 

Mr. Garfield, No; I mean on the total, 
q’he (’hairman. No! No! No! 

Mr. Garfield. I’he total number of ballots cast. 

The Chairman. They are counted as the total ballots cast, hut they are not 
included. Wickershani, 1; for d’erritorial senator, Britt, 1; for road commis¬ 
sioner, Jack Wilson, 1 ; for Sulzer, 1; Britt, 1 ; for road commissioner, Wiley, 1. 

Mr. Garfield. J’his makes 121; this makes Wickersliam, 133; Britt, 2; Wiley, 
107. Let’s see what sort of note we want to put on here, 
q’he Chairman. But in here “ J’wo ballots.” 

Mr. Garfield. Brobably we lietter signify each one separately. 

The Chairman. W'ell, one ballot- 

Mr. Garfield. ()n account of - 

qiie Chairman (continuing). WJiich had been rejected by the judges, counted 
for Delegate, serator. and road commissioner, 

Mr. Garfield. Does that want to be i>ut on here? 

J’he Chairman. Rejected so far as 'Ferritorial representatives are concerned, 
because there are five re]ii'csentafives voted for instead of four. The same ap¬ 
plies to the second ballot. One blank liallot not counted at all. 

Mr. Helli:nthal. Charlie, wliere you nnd\e that addition, put your initials 

on it. 


101270—20 


47 







788 WKUvERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. Garfield. I’ll put the initials on it, “ C. D. G.” 

The Chairman. Total nninher of ballots ease is 2(51 ; dropped in the box. You 
ean’t tell anything hy the way they vote. 

Mr. Garukld. No; that's not ri^iit. 

The Chairman. Tliere it is; total niiinher of ballots east. 

Mr. Garfield. Oh, yes; that’s right. 

The Chairman. Properly signed hy the judges of eleetion. (’hallenged oaths 
and sworn in; F. A. Aldrieh, Mrs. George Ti’oy, is it’/ 

Mr. Garfield. Challenged ballots sworn in. 

Mr. Davidson. 1 guess we’ll have to look it up. 

Mr. Garfield. That isn’t MeKvoy, is it’/ 

The Chairman. Mrs. George Levy, I guess it is. Mrs. T. P. Smith, INIrs. H. 
IMurjiliy. I see no need of any being turned down. 

JUNEAU NO. 3 . 

]\Ir. Garfield. I would suggest,, in opening these, why not slit the enevelope 
i-ight in here and leave the seals intact. 

Mr. P^ix. Yes; that would he a good .scheme, too. 

Mr. Davidson. Two certificates of judges of election properly filled out, 1 tally 
liook proiierly tilled out. and a registration hook. 

The CiiAimiAN. Two ballots here not counted. “ New ballot given to voter.” 

Mr. Da\H).son. They’re given a new ballot: spoiled the ballot. 

The Chairman. That fellow .scratched a name out. He intended to vote, 
hut .scratched the name out. 

Mr. Davidson. He had somebody talking to him about scratching his ticket. 

Mr. Kustoard. The intention seems clear as to whom he wished to vote for for 
Delegate. All the names are scratched except Wickersham’s; for representative, 
all names are scratched except Connors. McCormick, Sowerliy, and White; for 
road commissioner all names are .scratched except Wiley. 

Mr. Hellenthal. That ballot wasn’t received at all, I understand. They 
gave him a new one. 

The Chairman. That doesn’t check ip) with the number of ballots. There are 
97 ballots here and 2 ballots here, and the number of voters on the registration 
list is 99; so there’s a discrepancy of two in the number here and the number 
there. [To Davidson ; | I’ll ask you to count those. 

(Ballots counted with assistance of Mr. Garfield.) 

Mr. David.son. Ninety-eight. 

The Chairman. M’eli, that checks out, then ; and this one makes 99. That 
makes it right. I made a mistake of one. 

Now, about this ballot. It is clearly improperly drawn, but the voter, the in¬ 
tention of the voter seems to be indicated. 

Mr. David.son. It looks that way to me, too. 

The Chairman. I suggest that that ballot be counted. 

:Mr. David.son. I agree with you there. I think that is plainly indicated. We 
found a lot of them like that last year. 

The (’hairman. What did you do? 

Mr. Davidson. We counted them. 

Mr. Garfield. Does it require a motion? ^ 

The Chairman. Requires a motion. 

IMr. Garfield. Then 1 move you, Mr. Chairman, that this vote wherein the 
name intended to he voted for—candidate intended to be voted for—are not 
crossed out. whereas the opposing candidates are so erased, be counted as 
indicating the intention of the voter, it being shown that the proper number 
of candidates for each oflice are voted for. 

(Mr, Hellenthal studies over ballot.) 

The Chairman. Any comment to make. Judge? 

IMr. Hellenthal. I don’t know; that is pretty hard to say much about. 

IMr. David.son. I guess it carried then, huh? 

qdie Chairman. The board will count this liallot. 

IMr. Hellenthal. The theory is that a man can, by voting in a specified way, 
can so identify his ballot that it can be determined who he voted for, and they 
usually reject ballots that are .so marked, even if the voter’s intention is clear, 
as when ballots are counted, somebody can stand over the judges and see 
whether the voter indicated the man that he probably bought or secured him 
to vote for that particular ticket—voted that ticket; and that ballot might 
come under that head. That man might make his ticket in a particular way 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 739 


other than pi’ovided by law. Otherwise, there is nothing wrong about that 
ballot. I don’t know whether they have ballots of that particular description, 
hut where there is something out of the ordinary and the ballot is marked 
in some way other than ])rovided hy law, it is thrown out on that theory—that 
he may, might put some peculiar mark on the ballot so that the ballot could 
be identihed as his ballot. 

The Chairman. Doesn’t our law cover that? 

INIr. Hellenthal. I’m not sure. I think that the law provides that the bal¬ 
lot must be marked with a cross in front of the candidate. 

Mr. Cakfieed. But there being only one ballot in the precinct like that, it 
wouldn’t hardly- 

Mr. Hellenthal. That’s what I mean—if there were only one ballot marked 
that way. Suppose that I went and secured him to vote for me, and I wasn’t 
sure whether he voted for me or not. I could read that and find out. There 
being only one ballot, you could come back at me and say “There’s my ticket.” 

Mr. Davidson. Well, if they can do that, they can very easily do it by just 
putting a check mark on the ballot. That throws it out. But there don’t 
seem to be any possibility of any fraud in this. 

Mr. Hellenthal. I don’t think that this is that kind of ballot, but they 
throw them out on that kind of theory. 

The Chairman. The judges evidently were following out the letter of the 
law and i)robably properly threw it out. 

Mr. Hellenthal. Yes; I rather think so. 

The Chairman. But I thiiUc that the intent of the man is evidently shown 
there. 

Mr. Hellenthal. T guess the canvassing board is correct in saying that 
this fellow intended to vote that way; I guess there’s no doubt about that. 

The Chairman. Well, being only one in one of our greatest precincts, I think 
we’d he perfectly justified in counting that ballot. 

Mr. Davidson. If tliere was any more of them, I would say “throw them all 
out,” if there was any number of them where it would indicate that there 
was something of that kind and any chance of fraud being committed. 

Mr. Garfield. I move that we take a recess. 

(Adjournment taken until 10 a. m., Fehruary 6, 1919.) 

Thursday, February 6, 1919. 
The board met at 10 a. m., pursuant to adjournment. 

sheep creek. 

Mr. Davidson. Here is the registration book signed by three judges, but 
there are no clerks signed. Probably a mistake. One of these should sign 
as clerk. 

The Chairman. Who are the judges? 

Mr. Garfield. Clerks didn’t sign their oath. 

Mr. Davidson. I guess they just had three. 

INIr. Marshall. I think, outside of incorporated towns there are only three. 
Mr. Davidson. One of these should have signed the oath here [indicating]. 
The Chairman. These are three judges. 

Mr. Davidson. Yes; they don’t have the full five. 

Mr. Marshall. How they are designated I am unable to say, but I know 
that they don’t have five. 

The Chairman. “ Section 897; The judges of election of each voting pre¬ 
cinct shall constitute the election lioard for said precinct and shall supervise 
and have charge of the election therein. They shall secure and provide a 
place for holding the election and a suitable ballot l)ox. They shall pass 
upon the qualification of the voter and, if he be found qualified, receive and 
deposit his ballot in the ballot box, and shall canvass and make a return of 
the votes cast, as hereinafter provided * * * That two of the three judges 

of election in each voting iirecinct, outside of incorporated towns, to be selected 
by the majority of said judges, shall also perform the duties of clerks of 
election for that precinct.” 

]Mr. Davidson. Well, they have signed this right, because they are designated 
as judges, hut they act as clerks. So this registration hook is in proper form. 
The Chairman. One rejection there, I notice. 

Mr. Davidson. Duplicate tally register with oaths properly signed. 



740 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


The Chairman. One hundred and seventeen and 2; that would he 110 votes 
east. Now, here is a note: “Inclosed ballot has not been considered in the 
final residt by reason of havinj*; been adjudj^ed totally blank.” 

Mr. Davidson. One of these same things. 

The Chairman. One of those same thinjrs. 

Mr. Davidson. I move that that ballot be counted. 

The Chairman. As showing? the intent of the voter. 

Mr. Davidson. As showing the intent of the voter. 

The Chairman. Although all the names are scratched off except those that 
he evidently intended to vote for. That is a parallel case with yesterday’s. 

Mr. Garfield. I second the motion. 

The Chairman. On account of that precedent established yesterday. Then 
I’ll give you the vote as shown on this ballot. 

Mr. Davidson. Say, Charlie, we have another one there that would he- 

The Chairman. This is the rejected ballot of O. T. Thorensen, No. 72, by 
reason of not having resided in the precinct 80 days. This ballot challenged 
by INI. O. Peabody, judge of election, and shown to have been included in the 
final total. Now, before we open that, I suggest that we act on it, as I noticed 
yesterday that perhaps we seemed more interested in knowing who the ballot 
was for. That was the prime consideration, and so I suggest that we- 

]\Ir. Garfield (interposing). Act on a principle. 

The Chairman (continuing). Act on a principle rather than on what the 
ballot shows. 

Mr. Garfield. I think that is the liest way to do it, too. 

Mr. Davidson. Well, of course, the worst trouble is- 

The Chairman. I think it is clearly shown by the instructions of the 
attorney general that the voter should be in the precinct 30 days. [Reads:] 

“ Any person of the age of 21 years or more, who is a citizen of the United 
States, who has lived in the Territory of Alaska 1 year and in the judicial 
division in which he or she offers to cast his or her vote 30 days immediately 
preceding such election, shall be entitled to vote at all elections hehl therein.” 

Mr. Davidson. Governor, there is a newer law on that, and if they are 
not at their home place, they can vote at another. 

The Chairman. This was sent out—I believe this regulation was sent out 
by the attorney general of the Territory before the election ami printed on 
all the registration books. 

Mr. Davidson. That is the general law, hut there is another law that covers 
it. For instance, Sulzer himself didn't vote in his precinct. lie voted over 
at- 

Mr. Garfield (interposing). Ketchikan. 

Mr. Davidson (continuing). Ketchikan. He had a perfect right to. 

Mr. Garfield. I noticed in the returns fi-om Ketchikan, canva.ssed yesterday, 
parties who were residents of .Tuneau temi)orarily residing in Ketchikan. 

The Chairman. Had they been 80 days before the- 

Mr. Garfield (interrupting). I d<ui’t know. They would be in tbe division. 

The Chairman. In the division, but had they been in the precinct? 

Mr. Garfield. I don’t know that. 

The Chairman. Now, for instance, I know that, in discussing this matter 
with the Attorney General some time ago, h*e stated tliat although he had been, 
at the time of the election, 80 days in the fourth division—in the third divi¬ 
sion—no, he had not voted 

Mr. Davidson. He would have to be in bis own division. For instance, I 
notice that they held that fellow Klops (?) ; host year Clo])s started out 
from Fairbanks and went out of tbe Fairlianks division, the fourth division, 
and went into the third division and voted, but they held that he had no right 
to vote hecause he wasn’t in his own division. If he had stopped at a road¬ 
house a mile or two back, he would have had a right to vote because if he 
goes into another division he has to serve his-time. I wonder what that act is. 

The Chairman. You mean the Territorial law or the- 

Mr. Davidson. Yes, Territorial law. There is a different act. 

Mr. Garfield. I see that this law in tbe back States “division” and not “pre¬ 
cinct.” [Reads:] 

“Any person of the age of 21 years or more who is a citizen of the United 
States, who has live<] in the Territory of Alaska one year and the judicial divi¬ 
sion in which he or she offers to cast Ins or her vote 30 days immediately pre¬ 
ceding such election, shall be entitled to vote at all elections held therein.” 








WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 741 


That wouldn’t apply to the case 1 had in mind because the parties were resi¬ 
dents of the division. 

The Chairman. Now, the question is, has this O. T. Thorensen been a resi¬ 
dent of the division? 

Mr. Garfield. I don’t know. 

The Chairman. He is in the rejristration book. 

Mr. Davidson. He made an oath, though. 

The Chairman. No, he didnt’ 

iMr, Davidson. He’d have to swear it in. 

The Chairman. He didn’t swear it in. 

Mr. Garfield. Evidently the liallot wasn’t challenged. 

The Chairman. The ballot was challenged, it shows there, and rejected. 

Mr. Davidson. How’d they know? How did they come to give him a ballot? 

I suppose they gave him a ballot and then it was challenged and then they 
held the ballot out; didn’t put it in the books. [Heading over law.] This says 
“precinct 30 days.’’ 

Mr. Garfield. The law says division. 

The Chairman. Now, the question is whether he was in the division, too. 

Mr. Davidson. I think this is a question we’ll have to put up to the attorney 
general, because that may cover a number of cases and we’ll leave that un- • 
opened until he can decide the point. 

INIr. Garfield. Then, I suggest, INir. Chairman, that we set these returns aside 
for the present and take them up as soon as we can get advice on the subject. 

The Chairman. I think that is a good suggestion. 

Mr. Davidson. Yes, I wouldn’t wonder. Now, let’s see, we want to remember 
about that. Hadn’t we better mark that on the envelope. 

The Chairman. Should we canvass those that are not- 

Mr. Davidson (interrupting). I think we better leave the whole thing and 
make one job of it. 

Mr. Garfield. Then we won’t get it all mixed up. 

The Chairman. Mr. Fox, will you seal up the entire returns with new seals? 

:\Ir. Davidson. In that case, it seems like it is going to be hard to determine 
whether he was a resident of the district. 

l\[r. Garfield. No; I think we shall have to take the returns as they come in. 

The ChAir]sian. I think that we'd have to take the certificates of the 
judges of election, excei)t when they are brought to our notice this way; 
because here we can’t be the judge of every voter in every precinct. 

IMr. Davidson. Well, I think, under the law, that a fellow has got a right 
to vite if he has been in the division 30 days and has the other qualifications. 

I believe he has a right to vote. For instance, we’ll say that he was simply 
a resident of Juneau and should have voted here and wanted to vote at 
Thane. I think be has a right to vote at Thane under the law. Did you 
find that. Governor? Did you find that section in here? 

The Chairman. No ; I didn’t. 

Mr. UusTOARD. The organic act says that a voter must have resided in the 
precinct 30 days, and the legislative Territorial act of 1913 provides that he 
may vote in any precinct in his judicial division. 

Mr. Davidson. Yes; if he has otherwise lived up to tlie provision that he 
has been a year in the Territory and 30 days in the division. 

Mr. Garfield. Is it your opinion, then, Mr. Kustgard, that the words “ pre¬ 
cinct’’ and “division,’’ so far as the purpose of this is concerned, are synony¬ 
mous? 

Mr. R^^STGARD. Why, I wouldn’t care to express an opinion, Mr. Garfield, 
because that is up to the attorney general so far as advice to the board is 
concerned. 

Mr. Garfield. Just asked for your personal opinion; that is all. 


SITKA PRECINCT. 

Mr. Davidson (going over books). No place where they are registered, at 
all, is there? What do those things say over there? 

The Chairman. Here is where one F. C. Sheridan swore in his vote. There 
is nothing there but the blank register—no certificate. 

Mr. Davidson. There is no tally here; nothing but the ballots. 

The Chairman. I think we’ll have to place this aside until we see whether 
it has been Included in another envelope, or whether the original and dupli¬ 
cate have been sent to the clerk of the court. 



742 WICKERSHAM VS. SIJLZER, DE(^EASED^ AND GRIGSBY. 


]Mr. JiusTGAKi). These returns contain no certificate of results; no 1 ‘egistcr. 

Tlie Chairman. Contains nothing but the official ballots cast and one oath, 
certificate of qualification—oath of qualification, (’ertificate of election of 
ju(lf>:es when orij?inal appointees fail to appear and qualify. Evidently, one 
of the judges didn't appear and qualify, and Mr. F. C. Sheridan qualified. 
That’s all we have. I think we will have to lay this aside for the time being. 

Mr. (tAkfiklu (to Mr. Fox). Make a note on the outside of those what 
precinct they are and the purpose for which they had been resealed. 

CRAIG PRECINCT. 

Mr. Davidson. Registration book properly certified ; one tally book properly 
filled out and certified. 

The Chairman. A hundred votes? 

Mr. Garfield. Ninety-nine, I think. 

The (’hairman. And one blank? 

Mr. Garfield. Yes; 98 and one blank. 

The Chairman. As I have made a mistake of one, do you want to check 
this up? 

Mr. Davidson. Oh, I don’t think so. 

Mr. Garfield. I’ll go over it twice. 1 Counts ballots.] Ninety-nine, including 
the blank. 

The Chairman. That makes it check. 

perseverance. 

Mr. Davidson. One registration book, with oath of two judges, the third one 
not having signed the oath ; one tally book jiroperly signed, with proper oath. 

The C’hairman. What does the law provide—that three judges shall sign it? 

Mr. Garfield. I would thiidv that would be. I think only two—three of them 
signed the other book. Majority would be sufficient. It is purely an over¬ 
sight. 

Mr. Davidson. Even they didn’t any of them sign it. it wouldn’t invalidate it. 

The Chairman. Thirty-seven all told, no blanks. Mr. Riley neglected to 
sign the registration book. 

]Mr. Rustgard. This certificate of result gives Wickersham 17. Is that 
correct? 

The Chairman. Certificate of result is wrong. Do you want to count the 
ballots? 

IMr. Rltstgard. No ; I’d just call attention to the fact that the certificate of 
result, certified to by the judges, certifies that the results are that Sulzer 
received 19 and Wickersham 17 votes. 

The Chairman. Yes; but the tally shows Sulzer 19 and Wickersham 15. 
Now, if you desire, we will run over those ballots promptly and count the 
Wickersham votes—any courtesy or satisfaction we can give. 

Mr. Rustgard. No; I don’t ask anything of the kind. 

IMr. Garfield. Before we iiroceed further with that, before we pass that, 

I would suggest to the chairman that if you deem is necessary or if the can¬ 
vassing board deems it necessary to verify the tally^sheet, that the votes be 
retallied. 

The Chairman. I think that is a very wise suggestion, in view of the ap¬ 
parent closeness of the election. 

Mr. Garfield. I make a motion that we proceed with the verification. 

The Chairman. As far as the Delegate is concerned. 

^Mr. Garfield. Delegate is concerned ; no question about the others. 

The Chairman. Well, why not make a double check of our tally on the 
tally book? 

Mr. Garfield. I’d note then “ Tallied by the board.” 

Mr. Rltstgard. In a separate column. 

The Chairman. In a separate column. 

(Recheck made.) 

Mr. Garfield. Nineteen for Sulzer. 

Mr. Davidson. The same as I got in the first one. 

The Chairman. Does that total 37 votes? 

Mr. Garfield. Thirty-seven votes. 


WUavERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 


743 


CHICHAGOF. 


The ('HAiKMAN. Two tally hooks and one registration hook. 

Mr. Davidson. The registration hook has tlie proper certificate; the tally 
hook is properly certified. There is also one certificate of the selection of 
judges of election when originally appointed ones fail to appear and qualify. 

The Chairman. This hook is evidently meant for the clerk of the court. 

Mr. Davidson. T’d move you, Mr. Chairman, that that hook he sent to the 
clerk of the court, as they wont he able to get their pay unless it is sent there. 

The Chairman. Yes; 1 think that M’ould he perfectly proper. There is one 
rejected ballot here; has been scratched the same way as the pi-evious two 
that we counte<l. 

Mr. Davidson. I move you that the ballot he counted. 

Mr. Hellenthal. Mr. Chairman, may I suggest, with reference to these bal¬ 
lots, that as I understand it, it probably doesn’t make much ditference one 
M ay or the other, hut in consulting authorities, I am advised by my associates 
that ballots of that kind should he rigidly rejected. If the ballot contains any 
additional marking or scratches, also cross in front of the name, in some in¬ 
stances they have been counted, hut where no such cross ajipears, they have been 
by the courts rejected. I would suggest in that case that it probably would be 
a matter to take up with the Attorney (Jeneral. 1 would suggest that it be 
taken uj) with him. I wouldn't Mant the board to act on my investigation, 
because it hasn’t been thor(Uigh enough. 

Mr. Davidson, Well, so far as I’m concerned. I think that the board has a 
right to act on the thing ami that it should stand as it is. Surely just one of 
them, as long as there is no- 

Ml*. Heli.enthal (interrupting). Drohably wouldn’t make any difference in 
the count. 

"Mr. Davidson. No. Still, it seems to me that these votes show on the face 
of them whom they wanted to vote for. It M’ouldn’t make a difference in the 
count much. 

The (’ll AIRMAN. 1 have bi'en thiiddng tliis matter over a good deal since Ave 
met yesterday, and I don’t kmnv but that the position of .Judge Hellenthal is 
very’well taken. I think it is a matter that it M’ouldii’t hurt anything to get 
an ojiinion of the attorney general on the subjei't. and that M'e can show in the 
record lunv the rejected ballot reads and get his opinion and tally it later, if 
necessary. What is your idea on the subject. Mr. (iarfield? It is not in ac¬ 
cordance M’ith the principles of the Anstraliaii ballot to have distinguishing 


marks on the ballot. 

Mr. Garfield. Hinv doi's the law read on the question of the iireparation of 
the ballot? Is it mandatory or directory in relation to the use of the cross in 
designating the wishes of tlie voter? 

The (’hairman (reads) : 

“The ballots shall he headed ‘Official ballot’ of the judicial division in 
\vhich it is issued, and at the top thereof, above a iierforated line, shall be 
duplicate stubs bearing consecutive numbers, one of said stubs to be retained 
bv the election judges upon jn-esenting the ballot to the voter, the other stub 
to be torn from the ballot by the election judges and compared and retained 
upon the retirn of the voter from the voting booth, and each official ballot 
shall contain under the title of each office one blank space for as many candi¬ 
dates as may be voted for to fill such office, behnv the iirinted names of can¬ 
didates uiion which may b(‘ written names of candidates or jiersons Mdiose 
names are not printed upon the official ballot. The clerk of the court shall, in 
preparing said ballot, provide space in conformity Muth the act for the names 
of candidates for any additional offices which may hei*eatter be created for 

^^^Mr ^(;\rfVei D I notice here the instructions on the ballot: “Mark X in the 
sduare at the left of the name of the candidate for whom you desire to vote. 
If names of candidates for Mdiom you desire to vote do not appear (m the 
ballot insert with pencil in blank spaces.” Now, that would seem to nnhcate 
to me if that provision is given to insert upon the ballot, that it Mould also 
the principles or intention of the Australian ballot system, because it 
indicate that a name was inserted there that didn't appear on the 
b'lllot “At the tof) of the ballot shall appear the instructions to the 
a* blaiik line shall be perforated on the ballot.” That seems to be 


violate 

M'OIlld 

official 
votei*; 


mandatory, 


as'to the form of expression of the M’ish of the voter, but the law 


744 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


set'ins to 1)0 laiiio thoro; if it ^ivos porniission to write in tlie name on the 
ballot, it also would give permission—as an indication of the intention of the 
voter, it would also give the voter the right to indicate in any other way. 

Mr, Hellenthal. A good many of those laws contain that i)rovision. so that 
peoi)le who don't get the nomination in the primaries, nevertheless can run. 

Mr. Davidson. Yes; but, as IMr. (iartield points out, if you want to mark a 
ballot you could mark it and you could agree on some name to put on it. If. 
you wanted to show, this isn't as open as that would be, 

Mr. IIellenthai.. That is i)robably true, but the law has made the pro¬ 
vision. It can be done in that way. The cross must be made to the left of 
the name. It's mandatory. 

Mr. Davidson. \\'e’iv holding that the cross to the right of the name is 
mandatory. 

Mr. Hellenthal. I don't think so, Charlie; I think you- 

Mr. Davidson (interrui»ting). You'll have to throw out dozens and dozens of 
votes. So far as I'm concerned, I'm going to stand on that. 

The Chairman. Practically all the returns from every voting i)recinct, for 
both candidates, have crosses on the right hand side. 

Mr. Davidson. Yes; lots of them. 

Mr. 'Hellenthal. That feature, I will say, I haven't had that looked up. 
The only thing I have had looked up is the matter of scratching out the names, 
and the authoi’ities seem to be of one mind, ^\'here the ballot is scratched, 
the name is scratched, and the person desired to be voted for also has a cro.ss 
in front of the name, they count it in some instances; otherwi.se not. Hut 
the .scratching or the mutilation of the ballot is not sutlicient. But as I say, 
it is a matter that reipiires a whole lot of looking up, and I wouldn't want 
the board to act on what I have looked up. 

Mr. Gaueield, Foi' my ]>ersonal information, IMr. Hellenthal, I would ask 
you what is the spirit and intention of tlm election law. 

Mr. Hellenthal. The spirit and intent of the election law is to provide for 
a pure ballot—to see to it; not to see that every one votes, but to see to it 
that every one votes legally. That is its purpose. 

Mr. Garfield. And in addition to that, the method of expressing the inten¬ 
tion of the voter on the ballot is indicated here in a certain way. If he does 
uot see tit to follow the law strictly in the matter of his intention and he has 
exi)res.sed it in .some other way, then it's illegal? 

Mr. Hellenthal. It's illegal. That is a general statement, you understand. 
He has got to express himself in the manner provided by law. But there is a 
degree of latitude within which those things can lie exercised. I wouldn't say 
as to just what that is. 

Mr. Garfield. It has alwa.vs been my opinion that even if the intention of 
the voter was clearly expressed, even if he didn’t follow the spirit of the act, 
that the vote should be counted, because otherwise it would be a disfranchise¬ 
ment of the voter. 

Mr, Hellenthal. The general juirpose of it is that if a man wants to vote, 
he has got to express his de.sire to vote in the legal manner; must express his 
choice in the legal manner, in the manner provided b.v law. That is the pur¬ 
pose of this election, the.se restrictions in the Au.strjBian ballot law ; otherwise 
the Australian ballot law wouldn’t count for much, if a man could go in and 
vote his own way. There would be no use in having a law. 

Mr. Davidson. On the other hand, there are a great many men that are 
ignorant as to the proper manner of voting to a certain extent, but they make 
their ballot so that anybody can .see the intent of that voter. You can see that 
he intended to vote a certain way, and I don’t see any reason why his ballot 
shouldn’t be counted. 

Mr, Hellenthal. That idea that you advance has intluenced the courts to 
allow certain degree of latitude, you see. Just what that degree is, I wouldn’t 
want to say offhand. 

Mr. Garfield. As to the ignorance of the voter, it appears to me that that is 
provided for by instruction.s—that is, any judge can instruct any voter, par¬ 
ticularly, it appears to me, in relation to his manner of preparing his ballot, 

I think that provision is intended to cover any ignorance on the part of the 
voter, in relation to the preparation of his ballot; but without consulting the 
judge, he prepares the ballot in such a manner that he actually indicates his 
intention and without violating the ballot in any way by in.serting in it ex¬ 
traneous matter or indicating in any way that he voted a certain ticket. Other 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 745 


than that, it seems to me that the vote should be allowed, but I’m not fully 
decided on that, althoug:h we did take action upon it yesterday. 

^’he Chairman. I fail to see anythinj? in the latter that covers that. The 

Australian ballot law of the Territory- 

Mr. HimLENTHAL. It merely provides that the cross must be made in front 
of the name. That is a mandatory provision when they use the word “ shall.” 
Mr. Davidson. That is not always mandatory, .Tack—.shall. 

Mr. Hellenthal. Well, the word “ shall ” in a case of that kind is always 
mandatory. 

Mr. Davidson. We had the question out last year as to whether “shall” or 
“ will ” was mandatory and Coiifxress says it is not mandatory. 


seen how that 
I’m for either 


The Chairman. Well, I’m the only member of the board who 
ballot is voted. 

Mr. Davidson. And I don’t know what that—it isn’t because 
one, it’s principle. 

The Chairman. In consequence of which I am groinp: to leave it to the mem¬ 
bers of the board to agree upon a procedure. 

Mr. Davidson. That is why I move without looking at the ballot. I don’t 
care who it’s for. 

INIr. Garfield. Why, we were following a precedent in the action established 
yesterday, in the action that we took. 

Mr. Davidson. T don’t think we can be very far off if we treat everybody 
the same 

The CiiAHnrAN. Well, it seems to me that a motion is in oiibw wlietber to 
count this ballot or whether to rcfere the matter to the attorney general. 

Mr. Davidson. I move that the ballot be counted. 

Mr. Garfield, I am not prepared to second that motion. I would prefer, 
owing to the closeness, api)arent closeness of the eb'ction, that we proceed with 
every caution necessary, in order to have a fair and impartial canvas of the 
vote and that we may act advisedly in the (piestion from a legal standpoint 
of the authorized legal adviser of the Territory. I would move you that these 
returns and all subse(iuent returns which we may examine, up until the time 
we can .secure that advice, be laid aside for further action by the board. 

The Chairman-. I'm inclined to agree with you, Mr. (Jartield, because this 
ina.v come up a great many times. Up to this ballot there has been no damage 
done to either candidate, and Mr. Grigsby will be here, I understand, on the 
City of .Seattle. 

Mr. Hellenthal. On the Ala-ska. 

The Chairman. On the Alaska? 

Mr. Hm.LENTiiAL. Yes. 

I'be Chairman. And be is the authorized legal adviser of the Terrirory. 

Now vour opinion is that we sinqily return- 

Mr.' Garfield. Put all of them in a resealed envelope and set it aside for 

furtlier action. 

Mr. Kustgard. May I ask what advice the attorney gemn-al gave on tins 

.subject two years ago, if any. ^ 

Mr. Garp'ield (to Mr. I)avidson). Do you recall, (diarlie/ 

Mr. Davidson. I can’t recall whether it was brought up or not. 

The C'tiairman. Wasn’t this (luestion brought up two years ago i 

Mr. UrsTGARD. I wasn’t present at the time of the canvas. , 

Mr. Davidson, It generally balances; it probably wouldii t make an> dinei- 

ence one way or the other. 

The (’HAiRMAN. No, but I think it is inst as well to do as 3lr. Garneld- 
Mr Davidson (interrupting). Well, here's what I object to: I object to 
inn a rule after we have made it, because the first thing you know they 1 be 
accusing us of trying to play iiartial. That is the only part I obji ct to. Olhei- 

''*Mr. Garfield. It doesn't seem to me that there can be any impartiality shown 

here. , , 

Mr Davidson. No, not in this, but you know— , „ 

The Chairman. I think we acted proliably a little too hasuly vesteidav. 

Mr Garfield. Would it be proper at this time to rescind that 

Mr' D vviDSON I don't see that his motion will have the etCect of rescinding it. 

The OHAIBMAN 1 tl.ink that l.is motion will l.ave tl.e effect ot rescind,ng the 

‘’’’Mr'DAvmso.N. Well, then we've got to take that off the tall.v. We've got two 
tallies in there and we've got to take them off. 




746 WK'KERSHAM VS. SULZER, DE(’EASED, AND GRIGSBY. 


Mr. (iAKFiKLi). Why not ('oini)lote the tally for some time yet ami we can let 
that stand. 

Mr. Davidson. Of course, if we don't count any more, we should count.the.se; 
that’s a cinch. 

The (Tia]K]uan. 'Well, a note can he made on the tally i)endinj; a decision, 
Rendin^^ advice by the attorney general. 

Mr. Gaufiei.d. We don’t have to summarize the sheets anyway, so it wonT 
make any difference Tt doesn’t invalidate what tally we have already made or 
any tally we may make subsequently. 

Mr. Hei.lkntiial. Well, the attorney j;eneral will hold that it should be 
counted. 

The (’llAIRMAN. Yes, then we would have to change it. 

HADLEY VOTING PRECINCT. 

]\Ir. (t.'RFieta). There’s one rejected l)allot. 

The Chairman. One is a blank. 

INIr. Davidson. There is one duidicate election registei* and tall.v hook, with 
the proper oaths; we have two tally hooks and no registration hook. 

Tlie Chairman. I think we better return these to the envelope until we 
can see whether tlie hooks haven’t been sent to the clei'k of the court. 

Mr. Davidson. That’s iirobably what they did. 

SITKA NO I (reopened). 

■ (Missing books having been received from the clerk of the couid.) 

Mr. Davidson. One registration book, jiroperly certified to; one tally book 
properly certified to, and one certificate of selection of judges of election 
when original appointees fail to appear and qualify. 

(Returns checked and found correct as submitted.) 

TREADWELL PRECINCT. 

Mr. David.son. Duplicate election and registration book, properly certified; 
one registration book properly certified. 

The Chairman. How many rejected? 

Mr. Davidson. None. 

IMr. Garfield. Total ballots. 59. 

(Returns checked and found correct as submitted.) 

SKAGWAY PRECINCT. 

Mr. David.son. Due registi-ation book, properly filled in. 

IMr. Garfield. No rejected ballots. 

Mr. Davidson. One duplicate election and tally book, properly filled in and 
certified to. 

The (’hairman. Here is a peculiar challenge oath, in which Wm. IM. IMcKay 
swore that he is a bona tide re.sident of Alaska and had been a resident of the 
Territory preceding the election and been a residt^nt of the voting jirecinct 
30 days. “ I came immediately prior to living in this precinct from Daw.soii, 
Yukon Territory, and I resided in said Yukon Territory for four years and 
six month. The place from which I came immediately prior to living in this 
precinct ”- 

Mr. IlELLENTHAL. Hc’s got to be there 30 days. 

The Chairman. Yes, he says he was there 30 days and has been a resident 
of Alaska, has been in Alaska for a year, but .came immediately prior from 
Yukon Territory. 

IMr. Garfield. Well, does that mean immediately from Yukon Territory 
without any intervening residence in Alaska? 

The Chairman. He has sworn in his oath, so I imagine there is nothing 
to do but to count It. 

Mr. Davidson. We’d have a hard time barriiig that ballot anyway, wouldn’t 
we ? 

The Chairman. What? 

IMr. Davidson. We couldn’t fire that ballot. 

The Chairman. Why, they enclose the ballot separately. Here it is. 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 747 


Mr. Davidson. He swears that he has been such resident during the time 
preceding this election, has been a resident of this voting precinct for 30 
days next preceding the election, “ that the place from which I came immed¬ 
iately prior to living in this precinct was Dawson.” Well, may be he has been 
living in Dawson. 

The Chairman. Well, it was challenged evidently. 

]Mr. Hellenthal. Is he a citizen? 

The (Chairman. He says he is. Is his vote rejected, or is there any comment? 

Mr. Garfield. No ! No ! 

The Chairman. We’ll count these votes to see if they put it in separately, 
to see how it jibes out. One hundred and forty-two votes. 

Mr. Garfield. One hundred and forty-two. 

The Chairman. AVell, then that vote is included. 

Mr. Garfield. Yes. 

Mr. Davidson. Well, it looks to me- 

Mr. Hellenthal (interrupting). I would suggest that it be kept separate. 
They probably did that because somebody doubted his speaking the truth. 

The Chairman. It ought to be kept just the way it was sent. No rejected 
ballots. , ' 

(Adjournment taken at noon; to be continued at 2 p. m.) 

Thursday, February 6—2 p. m. 

The (Tiairman. Here is the duplicate registration book from Hadley, fur¬ 
nished by the clerk of the court. I think we might take up Hadley. 

HADLEY PRECINCT (reopeiied). 

Mr. Davidson. The registration and tally books seem to be properly tilled out, 
with proper oaths; one registration book with proper oath tilled out and signecl 
and two notices—one notice of appointment of judges of election at Ketchikan, 
and the appointment of the judges. 

The (’hahlaian. Twelve votes cast; one seems to be blank. 

]Mr. Garfield. Total 12, 1 blank. 

(Returns checked and tallied.) 


beaver falls. 

:Mr. Davidson. One registration book, properly tilled and certified to; 1 dupli¬ 
cate election register and tally l)ook properly filled out, with proper oaths. 

The (’hAIRMAN. What is this? It is not signed—certificate of election when 
original api)ointees fail to appear and qualify. Another condition. Here there’s 
Silver, Hewitt, and Bady. 

Mr. Garfip:ld. They are the ones that acted. They took oaths over here— 
Silver, Hewitt, and Bady. 

Mr. Davidson. I imagine that they simply filled that because they did not 
know what else to do with it. See to be perfectly- 

]Mr. Garfhu.d. Ob, yes; it is properly certified. 

The Chairman. Thirteen ballots; no blanks. 

(Ballots counted, returns checked and tallied. 

MENDENHALL PRECINCT. 

Mr. Davidson. One registration book, properly filled in and certified to; 1 
duplicate election register and tally book, properly filled in and certified; cer¬ 
tificate of selection of judges when original appointees fail to appear and 
qualify jiroperly signed. 

(Ballots counted, returns checked and tallied.) 

hoonah prpxtnct. 

]\Ir. Davidson. One registration book properly filled in and signed; 2 certifi¬ 
cates of judges of election when original appointees fail to appear and qualify ; 
1 duplicate election register and tally l)ook, properly filled in, with proper oaths. 

The Chairman (after counting ballots). Sixteen votes. 

(Returns checked and tallied.) 




748 WICKERSHAM VS. SULZER, I)E(’EASEI), AND GRIGSBY. 


LORING PliECINCT. 

Mr. Davidson. One registration hook, properly tille^l in and certitied to; 2 cer¬ 
tificates of selection of .judges of election when original appointees fail to appear 
and qualify, properly tilled in and certitied. Acceptance of appointment of 
judge outside of incorporated towns. 

The Chairman. Here something comes up; none of the coupons have been 
detached—an irregularity. 

Mr. Garfierd. No tally in the tally hook either. 

Mr. Davidson. Haven’t they got any tally at all? 

Mr. Garfield. No. 

The Chairman. No tally over there? 

Mr. GxVrfield. No; certitied hut not tallied in the liook. 

The Chairman. I imagine we’ll have to tally them then. 

Mr. Davidson. We’ll have to tally them. 

The Chairman (to Mr. Davidson). What do you call that [indicating]? 
Erased ? 

Mr. Davidson. Looks like erased. 

The Chairman. Well, we won’t count it. 

Mr. (Jarfield. Total ca.st, 25; .seems to agree with the certificate. 

Mr. David.son. Does it? 

Mr. Garfield. Yes. 

(Ballots counted, returns checked and tallied.) 

* JUALPA precinct. 

Mr. Davidson. One registration hook, properly filled out and signed; one 
duplicate election register and tally hook, properly filled out and certitied to. 

(Ballots counted, returns checked and tallied.) 

tokeen precinct. 

Mr. Davidson. One registration hook, properly certitied; one duplicate elec¬ 
tion register and tall.v hook, properly filled out and signed. 

The Chairman. Another instance where the stubs have not been detached. 

(Ballots counted, returns checked and tallied.) 

DOLOMI precinct. 

Mr. Davidson. One registration hook, properly filled out and signed; dupli¬ 
cate election register and tally hook, properly certified. 

(Ballots counted, returns checked and tallied.) 


KASAAN precinct. 


Mr. Davidson. One registration hook, properly filled in and certified; dupli¬ 
cate election registei* and tally hook, properly certified. 

The Chairman. Here’s a ballot that’s lieeii thrown out and not counted. It 
was made in ink and folded, and the impress spread on the other side—all the 
way through. For instance, here is Wiley, left a mark way up there [indicat¬ 
ing]. You can fold that on the old crease and see where it has been. The 
folding together has blotted and left a cro.ss all over the ballot. 

Mr. Davidson. I think it should he counted. 

The Chairman. You think it should he counted? 

Mr. Davidson. I do. 

The Chairman. Where we can identify what should he counted and what 
should not. 

INIr. Garfield. Those two are evidently blotted out and so is this [indi¬ 
cating]. 

The Chairman. Can you pick out, by marking with a ring around it what 
the blots are? 

Mr. Garfield. You can identify the scratch of the pen there. 

The Chairman. Can you? 

Mr. Garfield. Yes; very slightly, and in some of them you can distinguish 
the mark. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 749 • 


The Chairman. It is quite evident tlmt this is a mistake, as it checks Wiley. 
I>et’s see where Sulzer is marked. Evidently intended to vote for Sulzer, be¬ 
cause there is no otlier mark there. 

Mr. Davidson. I tell you what to do with that, Governor: Put that up to 
the window; you can see it then. 

Mr. Hellenthal. Have you got a magnifying glass? That will show the 
pen marks. 

The Chairman. I think we’ll have to throw it out, as they are made up with 
regard to the Territorial representatives. Five marks and we'll have to throw 
those four repi*esentatives. 

You want to examine that. Judge? 

Mr. Kustgari). Just for the sake of the record, I’d like to have attention 
called to the fact that the pencil marks on the ticket are all put on by the board 
at the present time. 

The Chairman. Yes; thanks. I think the judges of election probably acted 
perfectly properly in throwing anything out that looked peculiar. 

Mr. I>AviDSoN. Be no trouble at all with a good glass; read that right off. 

The Chairman. Here is the ballot in question. 

Mr. Garfield. Now, wait a minute. They have counted the head of the 
Ticket and none of the rest of them. 

(Ballots (‘ounted, returns checked Jiiid tallied.) 

CHILKAT VALLEY. 

Mr. Davidson, (^ne registration book, properly filled in and certified; dupli¬ 
cate election register and tally book, properly certified. 

The Chairman. Eleven vofes. 

Mr. ItusTGARD. There’s fwo on one ballot. 

The Chairman. Oh, that’s right. 

Ml*. Kustgard. But it seems that they counted it. 

The (’hairman. I think we’ll have to reject this portion of the ticket. 

Mr. Kustgard. It may be they have rejected it. 

The Chairman. AVe’ll check it up and see. Judge. 

Mr. Garfield. JJiere’s 11 votes tallied and only 9 for the head of the ticket. 

Mr. Davidson. Probably thrown out. 

(Note found on back of one ballot to the effect that the ballot was not 
counted.) 

Mr. Garfield. That makes it check right. 

Mr. Davidson. Yes. 

(Ballots counted, returns checked and tallied.) 


TENAKEE. 


Mr. Davison. One registration book properly certified; duplicate election 

register and tally book properly certified. 

Th 0 Ohaikman. H 0 r 0 is <\ bullot tliut is n little bit p 0 ciilin.i, in tliRt tli 0 cioss 

is below the name. . • 

Mr. Garfield. Well, he hasn’t voted for the party designation. Who has he 

'^^The ^Chairman. I don’t know; the supposition is that he voted for Wicker- 
sham. 

Mr. Garfield. Yes; he cros.sed the nearest his name. 

The Chairman. Is nearest his name. 

Mr. Garfield. A manifest mistake. ^ 

Mr. Hellicnthal. He wanted to vote for some fellow that wasn t nominated, 

Mr. Garfield. Any indication on the back of the ballot of the action of the 

The Chairman. No ; no indication on the back of the ballot. 

Mr. Davidson. How do they check up here? 

The Chairman. Twenty-nine. 

Mr. Garfield. Thirty votes there. 

Mi* Dav’idson. No; 29 votes. ... ^ 

The Chairman. Hasn’t been counted evidently. I think this is a question to 

be referred to the attorney general, too. 


750 WICKERSHAM VS. SULZER^ DEC'EASED^ AND GRIGSBY. 


Mr. DxVVtdson. Well that, of course, is a qiiestioii of fact tliere, not of law. 
If he hasn’t voted, if he intended to vote for Wickershain, or if he hasn’t, there 
is no law on that. 

Mr. (Jaufield. To my notion, the intent of the voter is not indicated. 

The Chairman. It is indicated as a blank. 

Mr. Davidson. Don’t look to me like it could he counted. 

The Chairman. I think we’ll have to so consider it, unle.ss you want to put 
it up to the attorney general. 

Mr. Garfield. I don’t think that is a (piestion of law there at all; question 
of fact. 

The Chairman. Is it the <q)inion of the hoard, then, that we canvass the 
head of the ticket throughout? 

Mr. Davidson. Might do that and see if then the tally comes out all right. 

Mr. Garfield. It is plainly indicated here that the vote has been counted. 

Mr. Davidson. We can tally it in a minute. 

(Returns gone over and tjillied.) 

The Chairman (exhibiting a ballot). That is not counted. 

Mr. Rustgard, They counted it for Sulzer, evidently. 

Mr. Davidson. I’m quite sure you made a mistake [to Mr. Garfield], and 
put one down for Wickersham wlien you should have put it down for Sulzer. 

The Chairman. We’ll -do it all over again. 

Mr. Garfield. They counted it. 

Mr. Davidson, Yes; they counted it. 

Mr Garfield. It’s a vote for Wickersham. 

The Chairman. That it be counted as tallied, is tlmt the opinion of the 
board ? 

Mr. Garfield, l^allied by the board, 

Mr. Davidson. I don’t see how you can tell, where it is marked on a line 
opposite the name of some man, to indicate the one you want to vote for—I 
don’t see how we can say that that belongs to any particular man there. 

The Chairman. .Just like it was written down here across his name. 

Mr. Davidson. Even if he had crossed it below the line, where it would 
indicate that he started to make a cross in the right place, why then I should 
say count it, but when it is clearly below the line- 

Mr. Marshall. Does the cross touch the line. 

The Chairman, I think it is clearly below it. . . 

Mr. Marshall. I mean touch the line. 

The Chairman. No more than it does in .Tohanson’s case. 

Mr. Marshall. I mean penetrate the line. 

The Chairman. Just one prong touches the line. 

/ 

WINDHAM PRECINCT. 

Mr. Davidson. One registration book, properly certified. 

Mr. Garfield. The tally sheet is right. 

Mr Davidson. One duplicate election register and tally book, with proper 
certificates. 

The Chairman. We will now adjourn (4 p. m.) until to-morrow morning at 
10 o’clock. 

Friday, February 7, 1919—10 a, m. 

The Chairman. I’ve got a communication here from Arthur Lang: 

Valdez, Januunj 7,S, 1919. 

Hon. Thos. Riggs, Jr., 

(lovenior of Alaska, Juneau, Alaska. 

Sir; All the returns are in from the different voting precincts in this division, 
except four precincts, namely. Choggiung, Nushagak, Naknek, and Nizina, and 
certified copies of same have been forwarded to Juneau. 

In'every precinct in which returns have been received, oflicial ballots were 
used except at Unalaska and Chignik voting precincts. The judges of each of 
these precincts have returned a certificate of fact preventing use, of official 
ballots. The judges of Chignik voting precinct returned certificate in dupli¬ 
cate along with the returns to this office. I am inclosing you one of those 
certificates to be attached to the returns received by you. 

Please acknowledge receipt of this certificate. 

Respectfully, 


Arthur Lang, Clerk. 



WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 751 


I can’t iinderstand why it is that those places to the westward are always 
the only places in the Territory that receive election supplies and not the 
ballots. 

Mr. (r.\KFiELi). W'ell, the mail facilities were very poor. 

The Chairman. I know they are. 

Mr. Garfield. But before that, they should have received them at the former 
election. 

The Chairman The certificate of the judges of election, of facts preventing 
the use of otiicial ballots : 

“ \\ e, the undersigned, constitiiting the duly (pialitied election judges of 
Chignik voting precinct, Unga recording district, of the third division. Ter¬ 
ritory of Alaska, serving for the election held November o. 1918, do hereby certify 
that no otiicial ballots were received by ns, or any of ns, for use at said election, 
and for that reason the voters at said election in this i)recinct were permitted 
to write or print their ballots as provided by section 21, chapter 2.*), session 
laws of Alaska, 1915, and return is made accordingly. 

“ C. .1. Brun, 

“ K. N. Sachsenroder, 

“ Edward E. Ntlsen, 

“ Judges of Election." 

The notice of election for Delegate to (^ingress reads: 

“All citizens of the United States, 21 years of age and over, who are actual 
and bona tide residents of Alaska, and who have been such residents continu¬ 
ously during the entire,year immediately preceding the election in the precinct 
in which they vote, shall be qualified to vote in this election. 

“ ORDER OF El.ECTION. 

“ Territory of Alaska, 

"Fourth Division, Kuskokwini Preeinet, ss: 

“ Ibirsnant to an act of Congress commonly called the home-rule bill, to 
create a legislative assembly in the Territory of Alaska, to confer legislative 
powers tliereon, and for other purposes, which said act was signed by the 
President August 24, 1912, it is hereby ordered— 

“ 1. That on Tuesday, November 5, 1918, there will lie held throughout the 
said Kuskokwini precinct a general election for Delegate to Congress, a Terri¬ 
torial attorney general, and one senator and four representatives to the Alaska 
Legislature. 

“ 2. That said Kuskokwini precinct be, and the same is hereby, divided into 
four voting precincts, to be known as Georgetown voting precinct. Mouth of 
Crooked voting precinct, Aniak voting precinct, and Akiak voting precinct. 

“3. That Georgetown voting precinct comprise all that part of the Kusko- 
kwim Kiver and tributaries from the north line of said precinct downstream to 
Central Creek. 

“That the polling place of said Georgetown voting precinct shall be at J. M. 
McDonald’s. 

“4. That the Mouth of Crooked voting precinct comprise all that part of the 
Kuskokwini River and tributaries from Central Creek downstream to Island 
village. 

“ That the polling place of said Mouth of Crooked voting precinct shall be 
at A. A. Burgiin’s place of business. 

“ 5. That said Aniak voting jirecinct shall include all that part of the Kus- 
kokwim River and tributaries from Island village downstream to the Portage. 

“ That the polling place for said Aniak voting precinct shall be at the otlice of 
the United States commissioner. 

“6. That said Akiak voting precinct shall include all that paid of the Kus- 
kokwim River and tributaries from the I’ortage downstream to the south 
boundary line of the Kuskokwini precinct. 

“That the polling place of the said Akiak voting j)recinct shall be at the 
office of Dr. Frank W. Lanih, at United States hospital. 

“ 7. That the polling places in said four voting j)recincts shall be kept open 
for the reception of votes from 8 o’clock a. m. until < o clock p. in. on said day 
of election. 

“ Done at Aniak, Alaska, this 2Gth day of August, A. D. 1918. 

“[seal.] (Stamped:) Duke E. STimns, 

“ United States Commissioner for the Kuskokirini Precinct, 

"Fourth Division, Territory of Alaska." 


752 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. UusTGAiiD. Are they new precincts? 

Mr. Davidson. No ; they have to establish them each time, don’t they, Mr. 
Marshall? 

Mr. Marshall. Yes; yon have to issue an order every year establishing those 
precincts. 

The Chairman. Does that apply to formerly established precincts? 

Mr. Marshall. Yes. 

The Chairman. Every precinct outside of incorporated towns? 

Mr. Marshall. And those of any incorporated town. 

Mr. UusTGARD. Those precincts referred to here, are they old precincts? 

Mr. Davidson. Yes. 

The Chairman. Georgetown, Mouth of Crooked- 

]\Ir. Davidson. Crooked, I don’t know; but Georgetown and Akiak are. 

DOUGLAS NO. 2. 

Mr. Davidson. Duplicate election register and tally book, certificate properly 
tilled in and signed ; one registration book, with iiroper certificates. 

The Chairman. Here’s a statement that certain voters are Indians leading 
a civilized life. 

]Mr. Rustgard. Who is it? 

The Chairman. John Harris, Gilbert Jackson, John Willis, William Brady, 
Jimmy Fox, Edward M.- 

Mr. Davidson. With certiticate of selection of judges of election when original 
appointees fail to appear and qualify, properly tilled out and certified, and 
acceptance of appointment liy members of election board in a municipality. 

(Billiots counted, returns checked, and tallied.) 

KAKE PRECINCT. 

Mr. Davidson. One registration book, properly certified; one duplicate elec¬ 
tion register iind tally book, iiroperly certified ; one certificate of selection of 
judges of election when original appointees fail to appear and qualify, properly 
tilled in; iind three accepted apiioiiitments by judges outside of incorporated 
towns, and four notices of appointment of judges of election. 

CHARCOAL POINT PRECINCT. 

Mr. Davidson. One registration book, properly certified; three challenged 
oaths; one duplicate election register and tally book, properly certified. 

The Chairman. Now, here is another one of these votes similar to that of 
yesterday, but besides having the name scratched out, it also has distinguishing 
mark on it, showing the intent, I think, of the voter. 

Mr. Garfield. The only question that could arise about that would be 
identification. 

Mr. Davidson. But so far as that identification goes, the same as we had 
yesterday, he has got a right to write any name in he wanted to, and he could 
identify any ballot he wanted to simply by writing in the understood name 
before. 

The Chairman (to IMr. Hellenthal). What was it you said yesterday about 
a ballot of this kind? You said you had been looking up the authorities on it. 

Mr. Hellenthal. Where they had used a cross, in addition to others, they 
sometimes counted them, although in Massachusetts they go so far as to throw 
them out, where instead of using the cross the circle is used. They throw such 
ballots out there, claiming that it should be a cross and not a circle. They 
go on this theory; They say that every man is presumed to know the law; he 
ought to know the law. The law requires him to put his cross in front of 
the name for which he wants to vote, and if he doesn’t do that, he doesn’t vote 
in the legal way. There is no excuse for it, and the vote ought to be thrown out. 

Mr. Garfield. Here’s a case where he has not only crossed the name he 
wished to vote for. but has scratched the op])osing candidate. 

IMr. Davidson. There is nothing to show that you can’t run a line through 
the rest of them. 

Mr. Hellenthal. No; the only objection to that vote is that it may be 
identified. I don’t know any other- 

iNIr. Garfield. I don’t think. Governor, that this is in the same status as the 
other is. 





WICKERSHAM VS. SULZER, DECP^ASED, AND GRIGSBY. 753 


The Chairman. It says “ Mark X in the square at the left of the name of 
the candidate for whom you desire to vote. If names of candidates for whom 
you desire to vote do not appear on the l)allot, insert with pencil in hiank 
spaces.” 

The Chairman. What is the opinion of the board? 

Mr. Davidson. ]My opinion is that all of them ought to be counted where 
the intent of the voter is shown. 

Mr. Garfield. Well, after the action the boai’d took yesterday, I wouldn’t 
make it quite as broad as that. 1 think this vote is plain enough ; it’s In a 
little different category ; that’s all. 

The Chairman (to ]Mr. Gartield). Is it your opinion that we should count 
this vote? 

Mr. Garfield. Yes. 

The Chairman (to Mr. Davidson). Is it your opinion that we should count 
this vote? 

Mr. Davidson. Yes. 

(Ueturns checked and tallied.) 

SULZER PRECINCT. 

Mr. Davidson. One registration book, properly certified ; one notice of appoint¬ 
ment of judges of election; one appointment of judges; one tally book; dupli¬ 
cate election register and tally book i>roperly certified. 

(Ballots counted, returns checked and tallied.) 

S('OW BAY PRECINCT. 

Mr. D AviDSON. One registration book i)roi)erly certified; duplicate election 
register and tally book properly certified. 

The Chairman. There are a couple of ballots here the same as yesterday, 
crossed in ink and the transfer made, but the intent is perfectly clear. For 
instance, that [showingl intent is perfectly clear there, I think. 

Mr. Davidson. Oh. yes. Also one appointment of judges of election. 

(Two of the (*andidates were also judges of elei'tion.) 

(Ballots counted, returns checked and tallied.) 

GOLD AND SALMON CREEK PRECINCT. 

Mr. Davidson. One registration book, i)roperly certified; one duplicate elec¬ 
tion register and tally book, proi)erly certified. 

Shouldn’t that be two precincts? 

The Chairman. I think the official designation is Gold and Salmon Creek. 

Mr. Davidson. It was combined this time. 

(Ballots counted, returns checked and tallied.) 

baranoff precinct. 

Mr. Davidson. One duplicate election register and tally book, properly certi¬ 
fied ; one certificate of selection of judges when original api)ointees fail to 
appear and qualify. 

Tlie Chairman. You made a mistake here [indicating!: ” (Vrtificate of 
facts preventing the use of official ballots.” 

Mr. Davidson. That’s right, too; I didn’t read it. 

The Chairman. But they have the official ballots. 

Mr. Davidson. Yes. I suggest. Governor, that we wire over to Sitka to see 
if that precinct has been properly established. Probably hadn’t received the 
votes. 

(Telegram .sent accordingly to commi.ssioner at Sitka, to the effect that no 
notice of the establishment of precinct in (piestion had been received by the 
governor’s offico, and asking if it bad been established.) 

The (’hairman. Would you suggest going ahead and recording it? 

Ml-. Davidson. Yes; I would suggest that we go ahead and- 

Mr. Garfield. Wouldn’t it be better to bold it up temporarily until we hear, 
without recoi-ding it? 

The Chairman. Well, we can do that. 

(Further consideration of Ibiranoff Precinct returns deferred.) 

1.51279—20-48 




754 WK.’KERSHAM VS. SULZER^ DE('EASED, AND GRIGSBY. 


Mr. Fox. That's all the first division I van find. 

Tlie ('haikmax. I tliink we inijjlit as well ^o on to the third division. 

Mr. Davidson. Either third or fourth division. 

Third Division. 

VALDEZ RAY PRELINCT. 

(('onsideration of returns from, this Rreeinct deferred, owing to the fact 
that the original registration hook was found to he missing.) 

CHITINA PRECINI'T. 

Mr. Davidson (after examining hook). I suppose that they only made one 
book out there. 

The Chairman, ^\'here did they get the tally? 

Mr. Davidson. They probably made the tally in the same hook. That is not 
the original register. They may not have had them in the third division. 
Some of them last year didn't have them, hut I don't know whether it was 
the third or not that didn't have the- 

The ('hairman. The other one was a different hook, wasn’t it? 

Ml*. Davidson. Yes. The trouble is, these are all printed in a different 
division. Sonu* of them take the law one wa.v and some the other, and print 
the hooks a little different. 

The Chairman. This is tallied. 

Mr. Davidson. The only difference is this: We haven't the names of the 
people who come in to register; we haven't that hook that they sign. I don’t 
see any reason why we can't go ahead, though. We may lind all of them 
that way. 

The Chairman. It couldn't he. General, because if that was the case, it 
would he in the power of the .iudges of election, if they wanted to, to make up 
a tally any wa.v they wanted to. Seems to me. we have to have a registration 
hook. 

Mr. Davidson. Well, of course, they have certified to this as being a proper 
tally, and the.v have sworn that this is a cop.v. 

The (’hairman. We can make a note of this in the recoriL 

Mr. Davidson. That's what I would say; make a note in the record. 

The (’hairman. And if we come across it, make an additional note. 

I\Ir. Davidson. T wouldn’t wonder if they sent those hooks to the clerk of 
the court, and just sent ns the one hook. Yon may find that all through the 
third division. 

The (’hairman. Yon got any suggestion to make. Judge Kustgard, or Judge 
Hellenthal? 

Mr. Rustgard. Only this: You read into the record whatever documents you 
find contained in the returns. 

The Chairman. We do that anyway; we do that anyway, irrespective of . 
whether they are complete or not. 

Mr. Hellenthal. What is that? 

The Chairman. Registration book. 

Mr. Hellenthal. They didn’t register in the second division at all two years 
ago. 

Mr. Davidson. Well, ours are combined. 

Mr. Hellenthal. Here’s the election register. 

Mr. Garfield. The only thing is that it is not signed by the voters indi¬ 
vidually. 

Mr. Hellenthal. And here’s the tally liook. What more do you want? 

Wr. Davidson. AVe’ve got everything except—here’s [showing] all that’s left. 
This hook was kept by one <»f the clerks and the other handed the register to the 
voter to come in and sign. 

Mr. Helli:nthal. Two registers, one for the clerk and one for the voters. 
They didn't do that at Nome last year. 

Mr. Davidson. There was one division they didn't have it in at all. 

The (’hairman. Well, we’ll proceed with this tally. 

IMr. Davidson, (fne election register and tally hook, properly certified; miss¬ 
ing, one original registration book. 

(Ballots counted, returns checked and tallied.) 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 755 


ANCHORAGE NO. 2. 

Mr. Davidson. One election register and tally book, properly certified; origi¬ 
nal registration book missing. 

INIr. Garfield. Here’s a fellow voted for five representatives. 

The Chairman. For five representatives? 

IMr. Garfield. Yes. 

The Chairman, Here are some others; may have to be thrown out for that 
same reason. Here’s two rejected ballots, and that’s scratched. That can be 
counted. Here Ls one vote for five representatives. I think we might as well 
take one otf of each one of these; take one olf of each representative. 

Mr. Davidson. Kills the whole one. 

The Chairman. Here is one rejected, has only one cross on it, for John Frame. 
Indicates his desire to vote for .John Frame. 

Mr. Garfield. I don’t know; I think that vote is good. 

The Chairman. Yes; that’s my opinion. Then its agreed to add one to 
Frame’s vote? 

IMr. Garfield. Yes. 

The Chairman. I better mark this ballot “ Counted for Frame.” 

Here’s one that has been rejected for having a square after the candidate’s 
name instead of having a cross in the square. I think this was probably an 
ignorant man, and he seen these marks up here and decided that he could use 
either one of those for his mark. My personal opinion is that they be counted. 

Mr. Garfield. Mine, too, 

Mr. Davidson. It is plain. 

The Chairman. It is plainly his intention. 

IMr. Davidson. Yes. 

The Chairman. Then you tally off one more for Wickersham. 

Mr. Davidson. Yes. 

The Chairman. One for Ward, one for Green, and one for Wilson. Here 
are ballots marked : ” These ballots were counted except those parts in which 
there are more marks than the allotted number allowed, such as where there 
were two candidates for Delegate marked, that part was not counted, but 
the balance of the ticket was counted.” 

Fourteen partiall.v incorrect ballots. 

Mr. Garfield. That is not exactly true, according to the statement. 

The Chairman, No ; well- 

Mr. Garfield. Because there’s two Delegates not voted for in each instances. 
There’s one, for instance- 

The Chairman. But here “ As where there are two candidates for Delegate 
marked.” 

Mr. Garfield. Oh. 

(Ballots counted, returns checked and tallied.) 

FIDALGO PRECINCT. 

Mr. Davidson. One election book and tally book, properly certified. 

J’he Chairman. How many voters registered? 

Mr. Davidson. Fifteen, 

The Chairman. We have here a ballot that is not marked as rejected. He’s 
voted for everybody on the ballot almost except Wickersham. 

Mr. Davidson. And they didn’t reject it? 

The Chairman. Doesn’t show to be rejected. I think this is a case of can¬ 
vassing the votes. How many votes for Delegate? 

Mr. Davidson. Fourteen. 

q’he (TiAIRMAN. Well, that has evidently been rejected. Better mark that 
“ rejected.” I think we better check through- 

Mr. Davidson (interposing). The head of the ticket? 

The (’iiAiRMAN. Yes. 

(Ballots counted, returns checked, and tallied.) 

(Adjournment taken at noon. Meeting to be continued at 2 p. m.) 

Jdie board convened at 2 p. m., February 7, pursuant to adjournment. 

VALDEZ BAY PRECINCT-REOPENED. 

The CHAimiAN. I’ve got 30 ballots here. 

IMr. Garfield, ddiirty-seven registered; one mutilated and scratched out. 

(Ballots counted, returns checked and tallied.) 





756 WICKERSHAM VS. SULZER, DE(JEASEl), AND GRIGSBY. 


KSKA PRECINCT. 

]Mr. Davidson. One election rei?i.ster and tally hook, projandy certitied. 

The Ohaikman. Here is another scratched ticket, the same as those others. 
H(>w many voters are thei’e there? Do they show any rejected? 

Mr. Garfield. One mutilated ticket. No; not in this one. I was thinkinj' 
about the other. 

The Chairman. Forty-.^even ballots here, .so we’ll have to hiy this aside 
pendinjr- 

Mr. Kustgard. How many have yon counted? 

The Chairman. Forty-seven. There are some on which the head of the 
ticket wasn’t voted for at all. That makes how many? 

Mr. Garfield. Forty-tive—forty-six. 

The Chairman. And this one makes 47. This has evidently been counted 
for Snlzer. 

Mr. (iARFiELD. No; 45 voted for the head of the ticket. 

The Chairman. Forty-five and one blank is 46; so evidently this one wasn’t 
counted. 

Mr. Garfield. That one evidently wasn’t counted. 

The Chairman. Evidently wasn’t counted. We’ll have to put this aside the 
same as the other one. [To IMr. Fox.J You’re marking on the outside what 
it is? 

Mr. Fox. I’m putting “ Uncanvassed ” on them. 

bird creek precinct. 

Mr. Davidson. One election register and tally book, propeny certified. 

The Chairman. How many voted? 

Mr. Garfieijj. Twenty-one altogether. 

The Chairman. Here’s one that’s erased. Seems to ine that it is perfectly 
clear what the intent of that was. We have had that before. Here is one 
where there was two votes cast for delegate. Can’t count it for Delegate. Now, 
we’ve got two for Senator. 

Mr, Davidson. Well, we can count it for Wilson anyway. 

The Chairman, There is no notation of what happened? 

INIr. Garfield. No; nothing at all. 

The Chairman. Looks as though we’d have to canvass these. What’ll we do, 
canvass the whole thing? Imagine we’ll have to on account of- 

Mr, Davidson (interrupting). You going to count all of them? 

The Chairman. I think we’ll have to. 

(Ballots canvassed, returns checked, and results tallied.) 

WASSILA PRECINCT. 

Mr, Davidson. One election register and tally book properly certified. 

The Chairman. Here is a ballot not counted with all the names, except evi¬ 
dently the one the man wanted to vote for, scratched-—the same thing as we’re 
asking an opinion on. Here is another ballot which has a cross against a blank 
line, the same as we had the other day. Now, I think we'll have to recan¬ 
vass- 

Mr. Garfield. How many cast their ticket there? 

The Chairman, P^orty-two ballots altogether. 

Mr, Garfield. Neither one of those were tallied? 

The Chairman. Neither one were tallied. This one we have decided should 
not be tallied. 

Mr. Garfield. That is so far as that vote- 

The Chairman (interposing). That vote is concerned. 

Mr. Garfield. These others, though- 

The Chairman. I think they were probably tallied. This is the only one 
marked “ not tallied.” We’ll have to lay it aside. 

(Laid aside for further consideration.) 

m’carthy precinct. 

IMr, T>avidson. One election register and tally book properly certified. 

The Chairman. Here is a ballot that was not counted, which is marked 
twice for Delegate and twice for Senator, with no notation on the back. Here 
is a ballot that is rejected for some reason or other. 







757 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

because that is marked on* the oi)posite side. 

llie Chairman. Some in liere are marked on tlie other side, hut tliere is a 
ballot \ve have been counting. 

Mr. Garfield. I think this is a good ballot. 

1 he Chairman. I think so. There is only one other case, and that is M'liere 
it is marked on both sides, and that has been counted. This has evidently been 
counted, marked on the wrong side of the ticket. 

Mr. Hellenthal. I don’t tliink you can count that. 

The Chairman. I tell you, .Judge, there are jirohalily two or three hundred 
that have been passed by the judges in just that same way. They are about 
evenly divided. Can’t say one way or the other. 

Mr. Hellenthal. It probably wouldn’t make any difference one way or the 
other, hut it may avoid a contest in the future. 

The Chairman. Nobody wants a contest, hut it would mean- 

Mr. Hellenthal. A fellow might get in, Charlie—suppose some of them 
would get in, and it should he found that these votes couldn’t he counted- 

The Chairman. I know, hut if you do that you would have thrown out 10 
to 15 per cent of all votes. 

Mr, Hellenthal. Well, the law recpiires it. 

The Chairman. I don’t think the law does require it. The law says it shall 
be marked with an X opposite the name. It would mean an entire new 
canvass. 

Mr. Hellenthal. That’s the trouble with the whole situation. It is such an 
important question that I wouldn’t want to express an opinion off-hand what 
you ought to do. I think it is important to find out what the law is. 

The Chairman. It would mean an entire canvass of every voting precinct, 

Mr. Davidson, And every ballot. 

The Chairman. And every ballot. 

^Ir. Hellenthal. It would he quite a job. 

The Chair]\[AN. Yes. So far, as far as can he told, they are about evenly 
balanced. 

Mr. Hellenthal. The chances are that about as many fellows would vote 
that way on one ticket as on the other. Still, by getting at it right, it might 
avoid a contest; it might save somebody a lot of expense. 

The Chairman. Here is a ballot that was among those that were counted; 
that is clearly improi)er; two for Delegate marked and two for Senator. 

]Mr. Hellenthal. It would he a ([uestion whether this first fellow voted for 
Sulzer, too. He tried to play fair. 

(Ballots counted, checked, and tallied.) 


ELLAMAR PRECINCT. 

Mr. Davidson. Election register and tally hook proi)erly certified. 

The Chairman. When we have cases of rejected ballots, shall we take those 
up first before we make the count? 

Mr. Garfield. I think it would he better. 

The Chairman. This ballot is thrown out. 

Mr. Davidson. What the dickens is it thrown out for? 

The Chairman. It seems that he voted for two Senators. 

The Chairman (reading). “Rejected ballot found not to he a citizen be¬ 
fore ballot went into the liox,’’ and as he voted for Sulzer, Wickersham, for 
I*rice, Wilkinson, for Gieen, Henry, Murray, Noon, Patterson, Reed, and Small. 
I think we might accept the verdict. 

Here, I think we'll have to count this except for Senator (showing). 

(Ballots counted, checked, and tallied.) 

NIZINA PRECINCT. 

]Mr. Davidson. Registration hook properly certified. 

The Chairman. Here is an affidavit [reads affidavit of the Uniteil States 
commissioner, :\IcCarthy precinct, about the nonreceipt of certain election sup¬ 
plies!. AVell, as it seems to he perfectly regular, I think we'll let it go. 

(Ballots counted,.checked, and tallied.) 

ANCHORAGE NO. 1. 

I^Ir. Davidson. One registration hook with proper certificates; one election 
register and tally hook, certified to. 




758 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


The Chairman. Now, liere*is one I picked out here that is among those 
coiintetl; votes for Siilzer and Wickersham. Here is another one among those 
counted; got a cross against the blank. These are disposed of because they 
had new ballots issued to them. This one [showing 1 is among those counted. 

Two hundred and seventy-four and five spoiled—279. That makes it right. 
Well, now I suppose we can run through these rapidly and count these .pist at 
the head of the ticket. I don’t see how they could have counted these. Wilkin¬ 
son is away snowed under; I don’t know how Small stands. 1 don’t see how 
they could have counted those. 

(Tally made disagreed with that made by election board.) 

The Chairman. We counted that | indicating] as a blank. That’s the same 
thing, you see. 

Mr. Davidson. Oh, yes; I thought you said this ticket was counted as a 
blank. 

The Chairman. No. 

Mr., Garfield. Just the head of the ticket. There’s 131; that would be 124 
instead of 123 for Wickersham; 13 for Connolly, 131 for Sulzer, 123 for Wicker¬ 
sham and five blank. That’si the way that comes out. The governor counted 
one twice there, you see. 

The Chairman. It’s 4 o’clock. AVe’ll adjourn until 10 o’clock to-morrow 
morning. 

Saturday, February 8, 1919. 

The board met at 10 a. m., pursuant to adjonrninent. 

The Chairman. 1 have here a telegram from De Armond, commissioner at 
Sitka, dated February 7: 

“ Warm Springs precinct, or precinct No. 3, all of the east coast of Baranolf 
Island south of Peril Straits to C;\scade Bay we estalfiished for election of 
November 5; voting place at Baranoff.” 

Says “ we established ” means “ was established,” I think. 

We’ll take Baranoff first. We've got to tally that. 

Mr. Davidson. How would it be to lenve it go? We’re on the third division 
now and we might Jis well get through with it. 

The Chairman. All right, we’ll take that up. 

iNlr. Davidson. We’ve got several others anyway. 

(Canvass of returns from Bjiranoff i)recinct deferred.) 


SEWARD. 

■Mr. Davidson. One election register and tally book, properly certified. 

Mr. Garfield. Here is one crossed over and the cross put to one side. 

The Chairman. What did we do with the last one that was like that? 

Mr. Garfield. I have forgotten ; we have had so many controversies that I 
can’t remember whether we allowed it or not. 

The intention is very clearly expressed. He scratched out those he didn’t 
want to vote for. 

(Ballots counttRl, checked, and tallied.) 

RELDOVIA, 

The (Tiaikman. Here is one, refused to vote after^-egistration. 

Mr. Davidson. One election register and tally book properly certified. 

The Chairman. Plere are 2 ballots thrown out, taken out; one because it has 
2 votes for senatoi*. another one because of 2 votes for I ielegate. The electorate 
is intelligent this time, because nobody had to help any of them to vote. 

Mr. Davidson. I was surju-ised to see that there was not so many Russians. 

Mr. Garfield. Well, they’re of Russian-Aleut extraction. 

The Chairman. Well, I suppose we’ll have to canvass the votes for Delegate 
and senate. 

Mr. Davidson. Anything on the back of those ballots. Governor? 

The Chairman. Nothing on the back. One hundred and twenty-five. There 
is one too many, because there was one thrown out. 

(Head of ticket canvassed, ballots counted, checked, and tallied.) 

PALMER. 

The Chairman. George White swore them all, but none of■ them signed. 

Mr. Davidson. This judge swore in these two, but they didn’t sign. Smith 
was supposed to swear in White. 


VVICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 


759 


The Chairman. I think this is another case for the attorney general. 

Mr. Davidson. Well, Congress has decided that it don’t make any difference. 

The Chairman. Congress is not the law we’re working under; we’re working 
under a specafic law. 

Mr. Davidson. Well, Congress has made a decision. It surely ought to be 
good practice to follow it. 

Mr. Garfield. I think it had better go over. 

The Chairman. Did they sign the hack here? 

Mr. Garfield. Yes; they signed the hack there, all right. 

The Chathm.vn. I think it is a thing on which to get an o])inion. 1 think this 
is a case for the attorney general. 

(Canvass of returns from Palmer deferred.) 

KENNECOTT (JUMBO). 

Mr. Davidson. Tally hook and register are all right; properly signed up. 

Mr. Garfield. Tally hook and register are for .Iiimho. 

(Ballots counted, checked, and tallied.) 

Wl FLOW CREEK. 

(Canvass deferred, pending decision of attorney general on effect of failure 
to execute oaths hy judges.) 


COPPER CENTER. 

Mr. Davidson. Eleclion I'egister and tally hook properly certilied. 

(Ballots counted, checked, and tallied.) 

(JRANITE MINK. 

The Chairman. We have the same thing here. One fellow didn't sign. 

Ml-. (tARFiELD. One judge diiln't sign. 

(Canvass deferred jiending decision on the effect of failure of judge to sign 
on the election returns.) 

LATOrCHE. 

Mr. Garfield. All sworn in before a notary luihlic here. 

Mr. Davidson. One election regi ter and tally hook, certilied to properly. 

Here is an oath swearing in the vote of A. C. Kdgerton. 

(Ballots counted, returns checked and tallied.) 

SOURDOrOH. 

The Chairman. No oath of one of the judges. 

Mr. Garfield. He signed, hut he didn't sign the jurat. 

The Chairman. Oath not executed hy one judge. 

((’anvass deferi-ed pending decision of att<»rney gmieral on (‘fh'ct of failure 
of judge to sign on the election returns.) 

GlRDWOOl). 

Mr. Davidson. One election re.gi^ ter and tally ho(»k. projierly certilied. 

The Chairman. I've got 42 votes here. 

Mr. Garfield. Thirty-nine vided for the head of the ticket. 

The Chairman, There is <»ne blank. 

Mr. Garfield. Forty-two re.gistored. 

The Chairman. Then, they haven't countiid this one or this one [indicat¬ 
ing!. These were laid face downward on the others. There are too many 
votes for senator and too many votes for Delegate. There ought to he 40; 30 
votes for Delegate. 

Mr. Garfield. That’s right. 

Mr. Marshall. Allow me. Governor—one of tho e votes that you set aside 
was for Wickersham, 

The Chairman. It was counted for Wickersham. (One was blank; you se(‘, 
that one was thrown out. That one was counted, except for this [showing |, 
and there is one blank. 


760 WICKEPuSHAM VS. SULZER, DEC’EASED, AND GRIGSBY. 


• -n- 


Mr. I)avii)vS()^, Say. there should he another one. 

The Ghaihmax. Should he; ye . I j^ness that's rijjht. 

Mr. Marshall. Tliere slionld he -10 for the head of the ticket. 

The (’haikman. Forty-two votes altoj^ether and two rejected. Should he 40 
votes for the head of the ticket. You're ri^ht. Well, now, we'll count the 
head (d' the ticket. 

(Recount is made.) 

Mr. Garfield. Forty-two is ri^jlit. 

The Chairman. Does that change it at all? 

Mr. Marshall. Makes 18 instead of 17. 

(Ballots counted, checked, and tallied.) 


EYAK. 


One election hook, tally hook. ])roi)erly certitied. 

(One vote, which had been rejected by the electi(»n hoard because cross had 
not been placed in Mpiare, was counted by board.) 

(Ballots counted, checked, and tallied.) 

STRET.NA. 

Mr. Davidson. One election registei’ and tidly book, properly certitied. 

The Chair:man. There's only one person who c<aild read and write. I think 
the judges all thought they had to eertify the ballots. This fellow wanted to 
! how that he could write and wrote “yes” after the one he wanted to vote 
for. I don't know what to do with that ballot; it doesn't alTect the rest of 
the ticket. 

Mr. Davidson, I think it ought to be counted with the rest of them. 

(Vote counted. Ballot counted, cheeked, and tallied.) 


MATANUSKA. 


Mr. Davidson. One election register and tally book, properly certitied. 
(Ballots counted, checked, and tallied.) 

ROOSEVELT. 

Mr. Davidson. One certificate not tilled in. 

(Deferred pending advice of attoiTiey general.) 

KUSKALANA, NO. 1. 

Mr. Davidson. One election register, tally book, properly certified. 

(Ballots counted, checked, and tallied.) 

MOOSE PASS. 

Mr. Davidson. One election register and tally book, properly certitied. 

The Chairman. Three judges of election ami fpui^votes. 

(Adjournment taken at noon until 2 p. m.) 

Satt'rday, February 8, IDlb—2 p. m. 

KUSKALANA, NO. 2. 


The Chairman, Here is a certificate of the establishment of two polling 
places, two Knskalana polling phtces [reads order of commissioner], 

Mr. Rustoard. There is one election precinct, and two ixilling places in the 
same precinct? 

The Chairman. Yes. 

]\Ir. Rustgard. But the residents of that precinct could go to either iiolling 
[dace? 

The Chairman. I imagine so. They're Id miles apart. 

Mr. Rustcard. Yes; I understand. 

Mr. Davidson. Due election register and tally book, properly certified. 

(Ballots counted, checked, and tallievl.) 


WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 761 


BONANZA. 

Mr. Davidson. One rejjistration hook, j^roporly cortiflwl; one election register 
and taly hook, proi)erIy certified. 

1 he CiiAiRM.\N. Here is a ballot, evidently intended to he a vote, on which the 
voter has \\ ritten his own name—(i. W. Maxwell. Can he very i)ro])erly thrown 
out. There are 21 ballots, including this one, and there shonld he 20 for the 
head of the ticket. There are none blank. Getter mark “ Keiected ” on that 
il)allot. 

iSir. (Jarfield. Who is that fellow, (ieorge Maxwell? 

The Chairman. G. W. Maxwell. 

(Vote rejected. Ballots counted, checked, and tallied.) 

HOPE. 

Mr. Davidson. One election register and tally liook, properly signed. 

(liallots counted, checked, and tallied.) 


KENNECOTT. 

Mr. Davidson. One registration hook, properly certified; one election regis¬ 
ter and tally hook, certified. 

The Chairman. Here is a ballot—nobody knows what's on the other side of 
it—with this written on the hack [showing]. Nothing on the face of it. 
Haven’t looked at the face. I headed off .Judge Knstgard from looking at it, so 
we could decide that on its merits. 

Mr. Davidson (trying to read writing). 1 can’t make that out. 

The Chairman. The voter probably put his name on the hack. 1 think that 
we might as well pay no attention to that. 

Mr. Garfiei.d. What is that on there for? 

The Chairman. I don’t know. 

Miv Davidson. Looks like w-e-e-d- 

The Chairman. W-e-l-a-r-h-a-m. 

Mr. Garfield. Likely trying to spell AVickersham. There’s Williams here 
[pointing to elec-tion register). That is the nearest thing we can find to it. 

Mr. ^Marshall. There is no name here that looks like it. 

The Chairman. Who are the judges of election? 

Mr. Garfield. Walker, Meeney, and Diniseth. 

The Chairman. 1 don't think that means anything, (’onnt it; let's see 
who its’ for. 

(Ballot turned ovei-.) 

The Chairman. Wickersham. 

Air. (Jarfield. He evidentl.v intended it for Wickersham. 

(Adjournment taken at H p. m. until 10 a. m. Alonday morning.) 

AIonday, February 10, 1919. 

The hoard met at 10 a. m. pursuant to adjournment. 

The Chairman. Two years ago there were 21 (piestions put up to the 
attorne.v general for decision, some of which covered the cpiestion of the 
judges of election, which we have been annoyed with this time. The original 
correspondence was sent to Washington. 1 have nothing in the files except 
a carbon copy of a letter addressed to the attorney general by the canvassing 
hoard. I have asked the attorney general, who has returned to .Inneau, to 
bring ns up a copy- 

Mr. Davidson. I’ve got that. Governor. 

The Chairman. Have you? 

Air. Davidson. Yes. Yon see it’s on file the same as this will he when it 
is written np. 

The (’hairman. Oh, I didn’t know that; hut anyway there’s several ques¬ 
tions that aren’t covered by the previous decision. 

Air. Garfield. What are they? Questions which affect us now? 

The Chairman, (inestions which affect ns now. For instance, the first 
is where one judge swore in the other two and was not himself sworn, and 
where all three judges signed the oath form and one signed the jurat. 

Air. Davidson. I can bring that up at noon. 



762 WICKERSHAM VS. SUI;ZEK^ DECEASED, AND GRIGSBY. 


The (^HAiRMAN. Well, 1 have asked Mr. Grigshy to bring us up a copy. 
He has gone down to get it. 

Mr. (tArfield. In that one case the jurat was signed but the oath was. 
not. 

(The chairman reads questions referred to the attorney general two years 
ago for an opinion.) 

That covers several of our problems. In tbe meanwhile we can continue 
with the canvass. 

MOOSE CREEK. 

Mr. Davidson. One registration l)ook, properly certified; one election lx>ok 
and tally book, properly certified. 

(Returns checked and tallied.) 


KATAl.LA. 

Mr. Davidson. One election register and tally book, properly certitied. 

The Chairman. AVe have hei’e a ballot partly rejected on account of blots, 
although it would seem that it is rejected on account of two having been voted 
' f(a’ for senator. 

Mr. Garfield. Forty-three V(ded for the head of the ticket. 

The Chairman. It is impossible to tell whether that was voted or not. I 
think that it is a proi)er i-ejection. 

Mr. Davidson (examiningballot). This should have been counted. 

The (Tiairman. This should have lieen counted, but it doesn’t say which 
part of the ballot was rejected. I think it proliably means that this part was 
not counted for representative and that neither the ballot for tbe senator and 
representaives was counted 

Mr. Davidson. That is probably what they mean. 

Mr. Garfield. What do they say on the back here? 

The Chairman. Partly rejected. 

Mr. Garfield. There is no question in my mind hut that those two are blots 
on these two. Whether we can allow it or not is a question. 

The Chairman. Well, I’m satistied that he voted for two senators. These 
blots have been cast there and besides that you can see the .scratch of the pen. 

INir. Garfield. I can feel the scratch of the ])en. 

The Chairman. Before we make a final decision on this, let’s go to the other 
ballot [picking iq) ballot]. “This ballot partly rejected.’’ The evident intent 
was to vote for AVard for senator. That would make this one here blot. 

The intent of the voter was to vote for Frame. Noon, Patterson, and Slater. 
But that [indicating] is not crossed, nor is it in the square. 

Mr. Garfield. That evidently came from here. 

Mr. Davidson. This one; yes. 

Ml’. Garfield. And this one came from here. 

The Chairman. Ye.s. 

]\Ir. Garfield. Becau.se, yon .see this jiart of it’s reversed from here. Folding 
it over would bring this cut in here iqiside down, or downside up. Here 
this V-shaped orifice is reversed here. 

The Chairai AN. Here is a ballot [indicating] totally rejected. 

(Blots are marked by board in brackets or circles.) 

]Mr. Grigsby. I have that document you sent for. Governor. There’s five 
questions relating to the aiithorit.v of judges to proyierly execute oaths. 

The Chairaian. Thank you; I think that will cover several of our difficulties. 
Here is one marked “ This ballot rejected.’’ 

]\rr. Garfield. AVell, tbe only way we can arrive at a check is to check them. 

The Chairaian. Here is one ballot that votes for two candidates. 

Mr. Garfield. I wonder if the.v gave a vote for each one of them in check¬ 
ing it and tallying it. 

:\Ir. Davidson. The only thing we can do is to check it. 

The Chairaian. I think we’ll have to check this as to the head of tln^- 

INIr. Davidson. Oh. ye.s. 

The Chairaian. AVhat will we do? On account of these partially counted 
ballots, will we have to make a cooplete canvass? 

INIr. Davidson. It appears the only thing we can do, becau.se they have thrown 
out a lot of these. Of course, we couldn’t add them. 

The Chairaian. AVe better make a complete canvass then, except for taking 
this part of the ticket that is correct. 



WICKEKSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 763 


(Complete canvass made with result that Connolly lost one, l*rice gained 
one, Ward gained two. Frame gained one, Ray gained one. Slater gained two, 
Small gained one.) 

(The partially rejected ballots were counted where they applied.) 

The Chairman. Shall we now take up some of these other precincts? 

Mr. Garfield. Might as well. 

Mr. Davidson. Yes; because if we don't we'll have them coming in all the 
time ami we might as well settle them. 

The Chairman. Settle them ; yes. 

ROOSEVELT. 

Mr. Davidson. Certificate not filled in. 

(The chairman reads section of election law providing that clerks of courts 
shall mail certificates to governor’s office.) 

I am in doubt as to whether we're held by law or by the ruling of Congress 
in the recent contest,-because the House is the judge of its own membership, 
and they shall rule on the findings of equity rather than of law. 

]Mr. Davidson. Well, l)ut wouldn’t. Governor, if they are the ones that have 
the last say, wouldn’t it he the same as our court of appeals? 

The Chairman. They’re not a court; they are simply judges of their own 
memhershii). We may have to put up to the House the seating of the legisla¬ 
tors from the second division. 

Mr. Garfield. In my opinion, in relation to elections carried into Congress, 
in relation to the qualification of its ^Memliers, it is. that it is not ruled entirely 
by equity or by law or by politics, but might he by either, and I have seen 
many distinct cases where it has actually been ruled by politics. 

Mr. D.widson. Well, you’ll find that if you have read up on the holdings of 
Congress in the last 15 or 18 years, that they have disregarded politics and 
that {I Republican House would seat a Democrat and that a Democratic House 
would seat a Republican. Y’ou’ll find that, if you read up on that, that their 
holdings have been right along the same lines. 

]\Ir. Garfield. Unaffected by party affiliations? 

Mr. Davidson. Yes. 

Mr. Garfield. That is my opinion. 

Mr. Davidson. Well, if you’ll read that, you'll find that they have cut that 
business out to a great extent. The last time they seated two Republicans, 
and it didn’t make any difference whether it was a Democrat or Republican, 
and their holdings have been along precedents. 

Mr. Garfield. I don’t think we need consider that holding, though, in our 
deliberations. 

The Chairman. I think we have to be guided liy the law. 

Mr. Davidson. Well, I want the record to show that I want to f(dlow the 
congressional decisions. If we want to be guided by the law, we have got to 
be guided by Judge Jennings’s decisions, and these must he thrown out. In 
every case where there is any discrepancy it must lie thrown out, and under 
his holding you can’t come in with anything that isn’t in these returns. Now, 
you can’t take in any later. That’s what his holding was. 

The Chairman. Any “later” what? 

IMr. Davidson. Anything that ]Mr. Grigsby holds here. They can finish these 
afterwards; they can certify to them afterwards, but Jennings held that you 
couldn’t. 

The Chairman. I am not familiar enough with Judge Jennings’s decision to 
be able to express an oiiinion, but I certainly would be guideil in any action 
which I took by the advice of the attorney general, as he is the constituted 
adviser of this body. 

Mr. Garfield. Let me ask a question. This needn’t go into the record, but 
did the action of the congressional committee in the recent Delegate election 
for the House pass in any way upon the legality of the election laws of Alaska? 

Mr. Davidson. No. 

The Chairman. No. 

IMr. Davidson (continuing). They kept away from that. 

Mr. Garfield. Was there any allusion made to that in jiny of their pro¬ 
ceedings? 

• Mr. Davidson. Yes. 

ISIr. Garfield. In what way? 


764 WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 


INIr. Davidson. Well, I saw some place in one of the reports where they 
made a report that they had taken that into consideration. Some of them 
thought it was legal, and others thought it wasn’t. Is that the way you under¬ 
stand it [to the chairman]? 

The Chairman. My understanding is that what they decided was that the 
voter, where his plain intent to vote was shown, should not be disfranchised 
by any error on the part of the judges of election. There was a case at either 
Vault or Bonnifield, I have forgotten which, where the certificate was not 
filled out and rejected by the court, hut counted by the committee on contests. 

Mr. Davidson. That was a case where we took the certified copy of the clerk 
of the court and counted them, and Judge Jennings held that this—we took 
the certified copy that the law specifies we should count, and he held that we 
could not do that in that case. Was that Bonnifield you were speaking about? 

The Chairman. It was Vault. 

Mr. Davidson. Vault. 

The Chairman. Then, I suggest that we open these returns which we have 
before us—reopen them, and put the question up to the attorney general in 
writing. 

Mr. Davidson (interposing). The attorney general’s opinions on- 

Mr. Garfield (interposing). Specific cases, as shown. 

The Chairman. As shown in the returns. 

Mr. Davidson. The attorney general’s opinion was given before any decision 
by Congress. Now, he may change his opinion, you see, on the- 

The (’hatrman. Yes. 

Mr. Garfield. If that has the effect of law, it might, but I didn’t consider 
that it did. 

The Chairman. Suppose we open those envelopes now. and put those ques¬ 
tions right up to the attorney general. 

Mr. Garfield. That is, where the.v are not covered by the^se answers? 

The (Chairman. AVell, put them up an.vway. As Gen. Davidson suggests, the 
opinion of the court or the opinion of Congress may change the rulings of the 
attorney general. 

•Mr. Garfield. I didn’t know but what Grigsby had indicated to .vou that 
this same thing would opply. 

The Chairman. No ; I intimated to Grigsby that they might, and he said 
that they might, and I asked him for a copy of his opinion. 

(Roosevelt returns considered.) 

The Chairman (for submission to the attorney general). Where the certificate 
at the foot of the election register is not filled out, but where the certificate 
of the judges of election has been properly- 

Mr. Garfield. I’d say “ filled out and signed.” 

The Chairman. Yes; filled out and signed: but where the certificate of the 
judges of election returns has lieen iiroperly certified to, should the vote in this 
precinct he canvassed? 

Mr. Davidson. That, I think, covers it. 

SOURDOUGH. 

The Chairman, AA hat was the question on thiS^ I wonder? Oh, where one 
judge of election had not- 

Mr. Garfield (interrupting). Or where the jurat for one judge of election- 

The Chairman (interrui)ting). Yes: where the jurat for one judge of elec¬ 
tion has not been executed, should this precinct be counted—where the jurat 
of one judge of election has not been accomidished, but where the certificates 
were properly filled out. 

Mr. Garfield. And signed. 

The Chairman. And signed. 

palmer. 

1 he Chairman. AA here none of the judges of election signed the oath of 
office, but where the jurat has been properly filled in? 

IMr. Garfield. And signed, or signed. 

The Chairman. AAdiere the jurat has not been properly signed. In other 
words, the judges of election evidently intended to swear each other, but the 
affiant has not affixed his signature. The certificates were properlv filled out 
and signed. 






WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 765 


Mr. Garfield. I woiiUl suggest, there, “ but wliere the judges otherwise fully 
(lualitied and acted.” 

The Chairman. Well, do you want to change that question? 

Mr. Garfield. I don’t think it’s necessary. 

Mr. Davidson. He’ll probably take that up. 

Mr. Garfield. He doesn’t know which precinct it is, it occurs to me. 

The Chairman. We’re just putting up an abstract case. 

SKAGWAY. 

The Chairman. Where, although a challeged voter swore in his own vote, 
his vote was rejected by the judges of election, should this vote be counted? 
It is noted on the challenge oath that the affiant complies; that the affiant 
claims to have been a resident of the voting precinct for 30 days next pre¬ 
ceding this election. It is noted that, although affiant makes the claim of 
having complied with the law in regard to residence, in stating that immedi¬ 
ately prior to living in Alaska, the required length of time and in the pre¬ 
cinct, that he came from Dawson, Yukon Territory, where he had resided 
for four years and six months. 

Mr. Davidson. Pardon mo. Governor; wouldn’t it be just as well to put 
that, follow that by saying, “ this is the form” [exhibiting oath]? 

The Chairman. Yes; we’ll come to that later. 

Mr. Davidson. It’s quite hard for a man to understand unless he sees 
that certificate. 

The Chairman (dictating). There is herewith submitted a copy of the 
challenge oath, wherein the voter makes the proper affidavit, but his ballot 
has been rejected by the judges of election. Can this vote be counted? 

BARA N OF—reopened. 

Mr. Kustgard. Will you permit me to call your atteiition to the fact that 
this certificate, signed by Joseph McComb and W. H. ^IcI^hiin, certifies that 
the judges, Joseph INIcComb and W. H. McBlain were hot present—failed to 
be at the election. . 

The Chairman. Oh. they signed everything, I think, because they signed 
the certificates, qjiey have also signed the certificate that they didn’t have 
the official ballots. They signed every blank where it says ” judges of elec¬ 
tion.” 

Mr. Garfield. They signed all the ballots, too? 

The Chairman. No ; not this precinct. I don’t think. Judge, we need take 
that into serious consideration, because they have also signed as a board in 
every case where it is required to be signed. I think we can proceed with 
that now. 

(Ballots counted, returns checked and tallied.) 

wassila. 

(Ballots counted, returns, checked, and tallied.) 

The Chairman (dictating for attorney general). Where a pencil line has 
been drawn through one or more names, leaving the projjer numlier of names 
to he voted for blank, should this ballot lie counted? Does that describe it? 

Mr. Davidson. Yes; I think that describes it. 

The Chairman ' (continuing). For instance, in voting for Territorial sena- 
ator, where there are four candidates and a vote can be cast for one only, 
the names of the three candidates have a pencil line drawn through them. 

Mr. Garfield. Why not say ‘‘have been erased by a pencil line?” 

The Chairman. It hasn’t been erased. 

Mr. Garfield. You might say ‘‘ scratched with a pencil.” 

Mr. Davidson. I believe I’d say, too. that where the name, at the left of the 
name are no marks whatever. 

The Chairman. And no cross appears opposite the name, the remaining 
name, or the unscratched name, or the- 

Mr. Garfield. Unobliterated. 

The Chairman. Then the next question : Where ballots are similarly pre¬ 
pared but the cross aiipears opposite the unscratched-out name. 

Mr. Davidson. That covers all the questions, don’t it? 



766 WICKERSHAM VS. SULZER^ DE('EASED, AND GRIGSBY. 


(Ketiiriis from Eska, Chichagof were similarly defective ami were not 
reopened, pending? opinion of attorney general.) 

Mr. Fox (bringing forth another package of election returns). Sheep Creek. 

Mr. Gakkieli). What was the matter with that? 

Mr. Rustgakd. That is that Thorensen ballot rejected because he hadn’t 
been in the precinct 30 days. 

The Chaikman. He swore in his vote. 

Mr. Davidson. Yes; that was the precinct where he wasn’t in his own 
precinct, hut voted in another precinct. 

The Chairman. Where a ballot was rejected because the voter, while other¬ 
wise qualified, had not been in the precinct in which he attempted to vote 
for a period of 30 days. 

Mr. Garfield. What was the nature of his absence; was it on account of 
his business? 

The Chairman. No ; he apparently had gone over to work there. 

Mr. Fox (looking over election returns). That seems to be the last lame one. 

KNIK. 

Mr. Davidson. Election register and tally book properly certified. 

(Ballots counted, returns checked and tallied.) 

m’dougall. 

Mr. Garfield. This oath here is not executed. 

The Chairman. Well, we’ve already asked that question. 

(Canvass of returns from this precinct deferred pending opinion of attorney 
general.) 

CHICKALOON. 

IMr. Davidson. One election register and tally book properly certified. 

Tbe Chairman. Here is a ballot partially rejected. I think it is perfectly 
proper; and the rest of it’s all right—five names for representatives. But here, 
among those ballots counted, I find where there's a duplicate count for Dele¬ 
gate and for senator. 

Mr. Garfield. Duplicate cross for Delegate and senator? 

The Chairman. Yes; and there is no notation or note in any way, shape, 
or foi'in. I think we’ll have to check. We’ll have to make a tally of the head 
of the ticket and senator. 

(Canvass made accordingly.) 

Mr. Garfield. Forty instead of 41. 

The Chairman, Does that include the blank? 

Mr. Garfield. Oh, yes; 41 including the blank. 

Mr. Davidson. That makes it right. 

The Chairman. Yes; that’s right. 

IMr. Garfield. So that will change Sulzer to 24 and give Wickersham 14, a 
loss for Wickersham of 1; Price loses 1 also. 

(Adjournment taken until 2 p, m.) ^ 

Afternoon —2 P. M. 

The board met, pursuant to adjournment. 

SUSITNA. 

Mr. Davidson. One election register and tally book properly certified. 

(Ballots counted, returns checked and tallied.) 

cache creek. 

The Chairman. Certificate of register missing. 

(Canvass deferred.) 


talkeetna. 

Mr. Davidson. One register and tally book properly certified. 
(Ballots counted, returns checked and tallied.) 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 767 


Fourth Division. 

DEADWOOl). 

The Chairman. Here is another ea.se of the judges of election signing every¬ 
thing in sight. 

Mr. Rustgaud. Did they certify that they weren’t there? 

The Chairman. Here [showing! they certified tliat they held an election, but 
there [showing] they certified that they weren't there. 

These are undoubtedly ofiicial hallot.s, because you can see where the stubs 
have been torn off. 

Mr. Davidson. It only shows one oath in the printed hooks of the fourth divi¬ 
sion, and the three judges signed the oath, and they’re all sworn by one of the 
judges, including himself, C. C. Taggart. I suppose they’ll he all the way 
through like that. 

Duplicate election register and tally hook in jiroper form. 

(Ballots counted and returns checked and tallieil.) 

MILLER HOUSE. 

Mr. Davidson. One certificate of election of judges when original apix>intees 
fail to apjiear and (pialify, properly signed. 

IVIr. Garfield. One duplicate election registei’ and tally hook, properly certi¬ 
fied and sworn to. 

RROOKS. 

Mr. Davidson. One election register and tally book properly certified. 

The Chairman. Here is one torn ballot marked “ not counted.” 

Mr. Davidson. Well, there wasn’t anything to count it for, was there? 

The Chairman. Yes. 

Mr. Davidson. Oh, yes. 

The Chairman. Marked on the right-hand side. Here is one ballot marked 
on the right-hand side ” not counted,” and here is one that was counted which 
seems to be improperly marked. That was at the head of the ticket. We’ve 
been counting these ballots, but there is one mark there that’s improper. 

Mr. Davidson. Under our ruling we should throw that out. 

The Chairman. Here is one that was counted that should not be counted 
and here are two which under our ruling should be counted. This one [show¬ 
ing] is marked on a blank and this one marked opposite Wickersham’s name. 

i\Ir. Hellenthal. How many votes are there that are not marked behind? 

The Chairman. Two. 

Mr. Marshall. Do they run- 

The Chairman. Run through almost every voting precinct. In almost every 
instance the judges of election counted them. In fact, I only know of one 
lirecinct outside of this where the judges of election have not counted them. 

Mr. Hellenthal. I believe that that is an imiiortant question. If it can be 
done—that (piestion about those ballots marked liehind the name could be sub¬ 
mitted to the attorney general, so that he could carefully look into this before 
they are counted. It would be a mighty good thing for both candidates if that 
was done. It is an important thing for both parties to get these ballots can¬ 
vassed, so there w<ui’t be another fight in Congress and so that they won’t have 
to spend their money and energy on it in examining witnesses and gathering 
information. 

The Chairaian. It would mean not a canvass, Init an entire- 

Mr. Hellenthal (interposing). Recount of the votes. 

The Chairman (continuing). Recount of the votes. 

Mr. Hellenthal. Well, that’s quite a big job. I don’t blame the board for 
not wanting to do it. Of course, the board can do this: As it now stands the 
votes are counted- 

The Chairman (interposing). No; these votes are not counted. 

Mr. Hellenthal. But I say, as it now stands these votes have been counted 
by the board. 

The Chairman. Except with one other exception. 

Mr. Hellenthal. What the board can do to settle the thing is to go and 
reserve that question and let tlie attorney general look it ui>- 

Mr. Garfield (interrupting). We have already put that up to him. 





768 WICKERSHAM VS. SULZEK^ DECEASED^ AND GRIGSBY. 


Mr. IIellenthal ((‘oiitiiiiiing). And if the attorney general finds that they 
should he eounte<^ then you have nothing more to do; and if he should tind 
that they shouldn’t he counted, why, that’s an after consideration. [Laughter.] 

Mr. Davidson. What do you want to i)ut up on usV 

The Chairman. In this jiarticular instance there is no harm done to the head 
x>f the ticket, because we canceled one Wickersham vote and added another 
Wickersham vote und the third for Connolly. 

Mr. Gakfield. It’s an evim break. 

Mr. Helcenthai.. Ob, I guess, as a matter of fact that it would lie an even 
break anyway. 

The Chairman. They seem to lie. 

Mr. Hellenthal. Well, could the board take such action? .lust simjily say, 
“We’ll count these votes with the understanding that if the Attorney General 
decides that they are not regular such further action may be taken as may be 
necessary to get the vote in the legal shape.’’ 

The Chairman. Would you juit that ip) to the attorney general? 

Mr. Hellenthal. Well, what 1 mean is not only ])ut the (piestion up to the 
attorney general, but also keep your canvass in such condition that it is not 
final until such time as he shall liave jiassed on it. You don’t have to count 
Ihem for a while. If he says “ Count them,” there is nothing more to do. There 
are two cpiestions which enter into that, and that is the power of the board to 
review this count and the other is the validity of the ballot itseif. And the 
attorney general may want to look up both of these fpiestions very carefully 
before he renders an opinion on them. It would be better if the attorney 
general had some time to look them up. I don’t think he ougth to be hurried 
any. 

The Chairman. Well, there'll be plenty of time regarding the head of the 
ticket, because there will be no certibcate issued to the head of the ticket until 
we naturally hear- 

Mr. Hellenthal (interposing). From everybody you can hear from. 

The Chairman. From everybody we can. 

Mr. Hellenthal. Well, I gue.ss that would be as good a way out of that sit¬ 
uation as any. Of course, where you get some ballots where a man voted for 
two men, you know what to do with that kind of vote, but any other one where- 
Ihe cross is behind the ticket, for instance, it’s a little close question. 

Mr. Davidson. Suppose now that we put this question up to him. That is a 
double-iieaded question, tind he would decide that we should recount the ballots,, 
we would have no canvass at all when we got through. 

Mr. Hellenthal. I don't think he’ll hardly hold that; but he might. It’s a 
question that merits consideration. 

The Chairman. AVell, let's ask him the question anyhow. 

Mr. Garfield. Well, if the thing is going to get in that kind of condition, I 
think we better suspend an.v further actions until we get these cpiestions set¬ 
tled—determined. We’re not making any headway if we have to go back. 

The Chairman. Well, we have decided to count -these. 

]Mr. Garfield. Yes; we have, but- 

The Chairman. Simply on the recommendation of Mr. Hellenthal, we can 
keep) on counting and at the same time submit the questions to the attorney 
general, because if he rules adversely we have gotJ:o make a complete recount 
of ever.v precinct. 

]Mr. Hellenthal. If he holds it should be counted, there is nothing more to do. 

The (’iiAiRMAN, It indicates, to m.v mind, the intention of the voter. 

Mr. Hellenthal. Well, that's a que^stion. 

Mr. Garfield. I would rather stand right where we are. 

Mr. Hellenthal. Tlie ])oint about the Australian ballot, tlie purjiose of the- 
.4ustralian ballot, is to see that no one votes unless he votes right, and to pre- 
vcait him from voting illegally. The presumption is that when they (established 
the Australian ballot that everyliody would have the right to vote. It would 
give every man a chance to vote, but he had to vote according to the regulations 
laid down, so that there would be no illegal voting. WhetlKH- these votes should 
or should not be counteci I wouldn’t want to say offhand, and I don't think 
that the attorney general would without first looking it iij) carefully, because 
that is a pretty delicate cpiestion. It's deli(*ate because in the tirst place you 
ca.n sec* who the fellow intended to vote for, so that that intention can’t very 
w(dl be overruled. As to Davidson’s position, I will say that those votces should 
be counted; those votes should be counted unh^ss the legal decisions of the 



WICKEHSHAM VS. SULZER, DECEASED, AND GRIGSBY. 769 


courts are clearly to the effect that they should not he counted. That is the 
view I would take of it. If tliey are to the effect that they should not be 
counted-- 

Mr. Gari-iei.i). We won’t know ^^here we’re at. 

]Mr. Hellenthal. I tell you you haven’t ji'ot a darn hit the best of the rest of 
us on that point. I don't know, and I wouldn’t venture an opinion unless I 
would lo(d\ it up very carefully. It is a rather close (piestion. I don’t think 
]Mr. Grigsby or iMr. Uustgard woidd want to give an opinion, either, without 
looking it up. The hoard has that power to inquire into the regularity of the 
returns and to canvass the ballots, and so so, and all that sort of stuff, Init I 
never looked up the (piestion as to whether that power to iiuiuire into the regu¬ 
larity of the ballot itself carried with it any other iiower, and I wouldn’t want 
to render an opinion without looking it up carefully. 

]\Ir. Gakfieli). Now, analyzing this a little furtiier, it seems to me that not 
only these hooks and these certificates, hut the halhds as well, are a part of the 
returns that come in to us for canvass. 

Mr. Hellenthal. Yes. 

Mr. Gakfielu. Now, if the question is deep enough to cover that, the proposi¬ 
tion that we are to inquire into the h^gality of the vote in all its phases—if the 
words “ searchingly inquire” means that it extends to the legality proposition 
all the way through, every element of it, why, then, of course, it is clearly our 
duty to do so. If it does not, then we're simply to take the returns on the face 
of them and impiire if they’re all properly counted and properly counted as 
counted here and to certify to them. 

]\Ir. Hellenthal. Now, in order to determine what the meaning of the word 
“ canvass ” is, as used in our statute, you have to go a step further and deter¬ 
mine, in view of the fact that Congress used two words, “ canvass and conq)ile.” 
Now, to compile means simply to add them together- 

Mr. Garfield (interrupting). Computing. 

Mr. Hellenthal. Computing. Now, you have got something else to do be¬ 
sides computing, because otherwise tlie word “ compile ” would have been used 
by it.self. They use an additional word, “ canvass.” Here that word ” can¬ 
vass ” means something else than compute. It means an imiuiry into the 
returns theni.selves. If that is true, then there is a good reason for it. •! don’t 
say that there is; hut if there is a good reason, it is the duty of the canvassing 
hoard to pass upon everything that is presented upon the face of the returns 
That is to say, if the character of the marks upon each ballot, because they are 
the part of the returns, the validity of the certificate, and all that sort of thing 
that appears on the face of the returns, if they are irregular, the canvassing 
board couldn’t hear evidence to determine whether somebody has been prac¬ 
ticing fraud upon us. That is .settled on the face of the returns. That is the 
function of Congress or the courts or wherever the (luestion arises, but where 
the matter arises on the face of the returns, such as marks on the ballot or 
anything of that character, or anything that shows fraud where you don’t have 
to go outside to get evidence. That’s what I mean. I’m not sure hut that the 
canvassing board has authority to pass upon it wherever the thing is such that 
you don’t have to go outside of the face of the returns. That looks to me like 
a reasonable vi(*w to take of it, hut whether that is the correct view I wouldn’t 
undertake to say. 

]Mr. Garfield. The undetermined point in my mind is this: Where we have the 
right under the law to compile and also the right under the law to searchingly 
inquire into the returns, whether we have the right to a.scertain as to the 
legality of the returns in all the different phases or whether we should act by 
compiling, after inquiry, as to whether proper returns have been made by the 
election officers. 

^Ir. Hellenthal. Here’s the idea. 

Mr. Garfield. Not as to the legality but as to the numerical position of the 
returns in relation to the voting capacity of the precinct—of the votes allotted 
to the candidates. 

Mr. Hellenthal. Here’s the idea : If it is the duty of the canvassing board 
to inciuire into the returns, all the returns, then the law must presume that the 
canvassing hoard should do something because of the result of that inquiry; 
that is to say, they must have also the right to act. If they have the right to 
look into these things, then it must also be their duty to pass their judgment 
upon it. Wouldn’t you think so? 

Mr. Garfield. Yes. 


151279—20- 


49 




770 WICKERSHAM. VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. IIellentiial. That would follow. 

Mr. Garfield. That is to ascertain who is elected and who is not elected. 

Mr. IIellentiial. According to the fact of the returns. 

Mr. Garfield. The face of the returns. 

Mr. IIellentiial. My offhand oi)inion is that the canvassing board has a iier- 
fect right to inquire into all these ballots as to the character of the marking. 

]Mr, Garfield. In every particular. 

Mr. IIellentiial. In every particular. 

Mr. Garfield. And pass upon them. 

Mr. IIellentiial. And pass upon them. Now, they can’t call witnesses. 

Mr. Garfield. We can’t go outside of the evidence. 

Mr. IIellentiial. You can’t do that, but that is only an oifhand opiniou, 
I’m just giving you that because it looks reasonable to me; because the courts 
have always followed reason. They should, but thej' don’t. 

The Chairman. Do you hold that the canvassing board has not the power to 
review rejected ballots and determine whether they should be counted or not? 

■]Mr. Hellenthal, My judgment is that the canvassing board has that power. 
That is my judgment—that they have the power not only to review ballots that 
have been rejected, but also ballots that have been counted. If they have the 
power to review the one, they have the power to reA'iew the other. 

The Chairman, Here is a case in point: Here are two ballots rejected— 
probably for the reason that they are marked on the right-hand side, instead 
of in the square, as indicated. Most of the, iiractically all of the, precincts have 
counted that ballot, but the judges of this precinct have thrown them out. 
The question arises whether we have powei- to go over the judges and ri^ount 
and count those ballots or not, and then another instance arises where a ballot 
manifestly improper has been counted and the board has taken it out. 

Mr, Hellenthal. Well, it would appear to me that the power to canvass or 
rather the power to iiKpiire into the returns carries with it the power to act 
upon it, to act upon the information obtained as a result of that inquiry; that 
is to say, if the board has a right to examine these returns to see how they 
are marked: they also have a right to determine how the vote should be 
counted. If they have the right to examine into the votes that have been re¬ 
jected, it also has a right to iiKpiire into the votes that have been counted and 
determine whether they should be counted. Now, this is my offhand opinion 
merely. It would seem that way to me; but as I said, there may be authority 
to the contrary and if there is, why I’m willing to yield to it. 

The Chairman. Another case that came up this morning: The board found 
that a ballot marked for two candidates for Delegate had been counted for one 
of the Delegates, one of the candidates. The board made a retally of the votes 
for Delegate and threw out that one vote. There is (piite a conflict in the 
various opinions there and it would be much simpler for the board if we could 
simply take the returns of the judges- 

Mr. Hellenthal (interposing). And add them. 

The Chairman (continuing). And add them. 

Mr. Hellenthal. But still, if the board only did that, they would only com- 
])ly with that part of the statute that says they must compile them. If they 
didn’t do any more, it would make an adding machine out of them. They 
wouldn’t canvass them. In most places there is a-iirovision under which any 
of these disputed questions can be readily brought in before some tribunal, 
such as a court. In this jurisdiction there is no such provision. Of course, 
Congress has always the power to inquire into everything in relation to the 
election of one of its Members, but that is a very cumbersome remedy and 
means a contest and there ought to be some tribunal that can determine these 
preliminary questions so as to relieve parties of this enormous expense and 
cost. 

The Chairman. It has been the desire of the board to so canvass the returns 
that there will be no possibility of a contest. 

Mr. Hellenthal, I think the board is entirely justified in pursuing that 
course, because I think the word “canvass” can be given a broad enough con¬ 
struction. I would, however, submit that (piestion to the Attorney General and 
have him look it up carefully and determine it. 

The Chairman. The board has been particularly careful to examine into 
challenged votes or rejected votes, for the reason that under the law providing 
penalties for illegal voting, the most diTistic action we can take is to give a man 
a slap on the wrist. 

Mr, Hellenthal. Yes. 



WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 771 


]Mr. Garfield. It seems to me we ouftlit to l)egiii a consideration of this thing 
from the bottom up, and we can arrive then at the purpose the board is striving 
for. Wliat is the purpose? What is the definite intention of its actions? Tliat 
is to arrive at tlie persons upon the ticket who have received the greatest num¬ 
ber of votes- 

Mr. Hellenthal (interrupting). Legal votes. 

Mr. Garfield (continuing). So that the lioard, upon the completion of said 
canvass, can declare the i)erson who has received the greatest number of votes 
for Delegate, for instance, to he duly elected. 

Mr. Hellenthal. Yes. 

Mr. Garfield. Now, that is the ultimate purpose of the hoard. Now, here; 

“ That the governor, the surveyor general and the collector of customs for 
Alaska, shall constitute a canvassing i)oard for the Territory of Alaska to can¬ 
vass and compile in writing the vote specified in the certificates of election re¬ 
turned to the governor.” 

Now, are we to take that literally or are we to construe it more liberally? 
If we are to take it literally, we can’t go outside of the certificate which is 
furnished us here in the returns. 

Mr. Hellenthal. Yes. 

INIr. Garfield. If you place a more liberal construction upon it, we can go 
into the vote or any other part of the returns. 

Mr. Hallenthal. Well, that is a question that is rather delicate. I wouldn't 
want to venture an opinion on it without a careful examination. 

IMr. Garfield. I don’t understand the situation, but my intention has been 
this, in acting upon the hoard: That we sliould arrive, as near as possible, 
through all the different phases of the returns which are brought before us, to 
see what the intention of the voter is, and to give him every vote that he is 
entitled to, in accordance to the returns as we see them, using the broadest and 
most liberal judgment possible, excluding all ultralegal considerations. 

The Chairman. You got any remarks to make, Mr. Rustgard? 

Mr. Ri'stgard. Why, I don’t consider it my privilege to instruct the hoard. 

The Chairman. We are not asking you to instruct the board; we’re asking 
you for your idea, tlie same as .Judge Hellenthal has expressed his. 

Mr. Rl^stgard.' Inasmuch as the board signified its intention to submit the 
fpiestion to the attorney general for final determination, I would prefer to be 
excused af this time from expressing an opinion. 

The Chairman. The board lias not yet determined to submit it to the attor¬ 
ney general. 

ISIr. Rt'stgard. So far as the marking of these ballots on the right-hand 
side, instead of on the left, is concerned, the board has adopted an action which 
seemed to me very reasonable. 

The Chairman. Then your opinion is that the' board should continue the 
method that it lias been employing? 

Mr. Rl^stgard. I construe JudgT" .Tennings’s decision to mean that it was 
the duty of the board to examine the ballots and decide upon their validity. 

The Chairman. That decision was evidently overruled by Congress. 

Mr. Hellenthal. What the canvassing board could do is to go ahead and 
canvass the vote so as not to have any delay and keep a careful record of the 
marked ballots so that you would know where they are and in what precincts. 

Mr. Davidson. That’s the trouble; we have already canvassed some 50 
or 60. 

Mr. Hellenthal. As to those, I wouldn’t pay any attention to them until I 
got the opinion of the attorney general. 

Mr. Davidson. I don’t think you could hardly find a precinct that has not got 
that kind of ballot in. 

Mr. Hellenthal. They are so universally distributed? 

Mr. Davidson. Yes. 

The Chairman. So far as I can make out, it’s six of one and a half a dozen 
of the other. 

IMr. Davidson. The same thing happened all the way through before. 

Mr. Hellenthal. Well, the only interest I have for Mr. Sulzer is to get the 
thing in such shape that the matter will be properly decided here, so it wouldn’t 
have to be decided in Washington. That’s the situation. 

The Chairman. I think we can continue with the method outlined and we 
can submit the question to the attorney general for his opinion. 

Mr. Hellenthal. You can pr(K*eed as you have been going and submit this 
matter to the attorney general. Then, if the attorney general holds that your 



772 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


nietliod is all right, then yon have nothing further to do. If he holds that you 
have something else to do, then you can take such action as the necessities of 
the case require; provided that the board takes the position that none of this 
work is final until- 

The Chairman. I’m very glad to have the representatives of either party bring 
to my notice any objection regarding the method of canvassing which may 
arise, and where there is doubt, I think we should refer the matter to the 
attorney general. 

]Mr. Hellenthal. I think so. 

The Chairman. I suggest, then, that we proceed with the method that we 
have been employing and write to the attorney general- 

Mr. Garfield (interposing). In relation to that particular feature? 

The Chairman. In relation to that particular feature. 

INIr. Hellenthal. Also the feature of the powers of the canvassing board? 

The Chairman. Also the feature of the powers of the canvassing board. 

Mr. Hellenthal. And then, when you get his Opinion, you can take such 
action as may be necessary to conform to it. 

The Chairman. Any other question that has arisen in this. 

Mr. Garfield. I think that covers it. 

(Ballots counted and returns checked and tallied, but no agreement reached 
until a recount was made, which resulted in a gain of one for Wickersham and 
one for Connolly and a loss of one for Sulzer.) 

louden. 

Mr. Garfield. Here is a case where they swear, but there is no date on the 
jurat. 

Mr. Davidson. Registration books- 

Mr. Garfield. No certificate here, and the jurat isn’t signed. 

The Chairman. Is the tally made? 

INIr. Garfield. The tally’s made. 

Mr. Davidson. On the other hand, we have the certificate right here of the 
registration book. 

IMr. Garfield. The names don’t appear on the registration book at all. 

Mr. Davidson. But we have the original book here. 

Mr. Garfield. Yes; this [showing] certificate isn’t signed, but the certificate 
of result is signed over here [indicating]. 

Mr. Davidson. Well, take the two and patch them together and you can make 
one, alright. 

Mr. Garfield. Yes; the two together makes a complete record. 

Mr. Davidson. Don’t you think that ought to go. Governor. 

The Chairman. I haven’t looked at it yet [looks]. The jurat is not attached 
to the oath of office by the judges of election. 

Mr. Davidson. Properly signed but- 

The Chairman. Properly signed but not sworn to. 

]Mr. Hellenthal. No election register? 

The Chairman. No election register except that the registration book is the 
original. 

Well, we will put this up to the attorney general I notice also in here that 
one person signs by mark and that none of the ballots are certified to by the 
judges of election as to assistance in making out the ballot. 

]Mr. Rustgard. Election register shows that he has signed by making a mark. 

(Returns from this precinct laid aside pending opinion of attorney general.) 

FAIRBANKS CREEK. 

Mr, Davidson. One duplicated election register and tally book, properly certi¬ 
fied and sworn to. 

(Ballots counted and returns checked and tallied.) 

SALCHAKET. 

Mr. Davidson. One election register and tally book, properly certified. 

(Ballots counted and returns checked and tallied.) 






WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 773 


WISEMAN. 

The Chairman. This is just a notice of the establisliiiieiit of the precinct. 
Mr. (tArfield. Seems to be certified all right. 

Mr. Davidson. Duplicate election register and tally book certified. 
(Ballots counted and returns checked and tallied.) 


COLDFOOT. 

Mr. Davidson. One election register, and tally book, certified, excepting that 
one judge swears two other judges and also swears himself. 

(Ballots counted and returns checked and tallied.) 

RICHARDSON. 

Mr. Davidson. One election register and tally book properlv certified and 
sworn to. 

(Ballots counted and returns checked and tallied.) 

(Adjournment taken until 10 a. in. to-morrow morning, February 11, 1919.) 

Tuesday February 11, 1919. 

The board met at 10 a. m., pursuant to adjournment. 

The Chairman. Mr. Fox, let's see some of those returns which there was 
some doubt about, affecting the jurat. 

Mr. Fox. All right; here’s one. 


sheep creek. 

The Chairman. What is the matter with that? 

Mr. Marshall. That was the vote of that man Thorensen that was not in the 
precinct 30 days. 

Mr. Davidson. That is where he votes in another precinct outside of Juneau. 

Mr. Grigsby. This is all .vou know about it? 

The Chairman. That’s all we know about it. 

INIr. Grigsby. You don’t know whether the vote was challenged or whether 

some judge-. Of course, you can’t identify the ballot unless it was marked. 

If it wasn’t voted, there isn’t anything to it. 

The Chairman. “ Thorensen rejected.” That’s all it says. 

Mr. Grigsby. Oh, didn’t he vote? 

The Chairman. He registered, Imt he didn’t attempt to swear in his vote. 
Evidently there was no evidence tliat he attempted to swear in his vote. Here 
is a ballot: Inclosed ballot has not been considered in the final result by rea¬ 
son of having been adjudged totally blank.” It’s one of those ballots where 
the name is scratched; has one vote for senator, scratched out and left that 
[indicating] blank; no distinguishing mark against it. I’m the only person 
that has .seen that. 

Mr. Grigsby. There’s others like that, too? 

The Chairman. There’s others like that, too; but up to this time there has 
been one counted for Wickersham and one for Sulzer; then this other one came 
up and I didn’t put it in for fear that personal preference might influence 
somebody’s judgment or action. 

Mr. Grigsby. Well, those (luestions are such that you couldn’t answer them 
offhand, anyway? 

The Chairman. This one there seems to be no attempt to swear in his oath 
[Oath opened.] “I resided in said Juneau 5 months; I resided in Sheep 
Creek 8 days.” 

Mr. Garfield. That involves the question of the difference between precinct 
and division. 

The Chairman. That involves the question of the difference between precinct 
and division. 

Mr. Grigsby. He swears that he resided in the precinct? 

The Chairman. No; but he says he has resided in the Sheep Creek pre¬ 
cinct 8 days. , , , ^ 4 , 

Mr. Grigsby. In the body of the oath he says that he has been a resident or 

the voting precinct 30 days. , , . 

The Chairman. Yes; but there is a mix-up there—precinct and division. 

Mr. Grigsby. Well, he didnt’ vote. 



774 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 

The Chairman. He tried to vote; tried to swear in his vote. 

Mr. Grigsby. That hasn's been submitted to me—that question? 

The Chairman. Yes. 

Mr. Davidson. Yes; that’s one of them. 

Mr. Grigsby. AVell, of course, there wasn’t anything to be submitted to in» 
until it was opened. 

The Chairman. Well, not in this case, but there’s others. 

Mr. Davidson. There are other identical cases. 

Mr. (iRiGSBY. I thought the case submitted to me was where a man had 
sworn in his vote and then was rejected. P>ut here they found some fault with 
the oath, because his oath is contradictory on its face. There wasn’t any¬ 
thing the matter witli the oath, the other one. The oath you inclosed me was 
in perfect form, as far as I could see. I looked through it once and the oath 
seemed to be in the usual form, and evidently they threw it out because they 
decided that he was lying. 

Mr. Davidson. Although he says that he has been there 30 days—in Sheep 
Creek precinct. 

The Chairman. Now, of course, there is a conflict between precinct and 
division. 

Mr. (tRiGSBY. Well, you can’t tell anything about this. I don't think he has 
initialed this inclosure and aflidavit there, though it might be a notation of a 
judge, you know. Of course, I can consider that, but he swears that he has 
been in the precinct 30 days. If that is a part of his oath, I think it contra¬ 
dicts it; if it is not a ])art of his oath, it don’t. 

Mr. Davidson. In this case, they allowed him to vote, allowed him a ticket. 
Wouldn’t that be casting a vote? He has done everything he could do—^if 
they wouldn’t put it in the box. 

Mr. Grigsby. I don’t know; I supiiose a challenge could be interposed at any 
time up to the time he actually votes. I think, though, if I recollect right— 
no, I’m thinking of the Territorial statute. The registration statute requires 
a man to sign the register when he gets the ballot and then he virtually takes 
an oath as to his qualifications in signing that registration book. But I 
think that the challenge provided for by Federal statute can be interposed at 
any time before a man actually casts his ballot, if I’m not mistaken. 

The Chairman. You want to give us an opinion? 

Mr. Grigsby. No ; not except in writing. 

The Chairman. Well, shall we put that uj) to you? 

Mr. Grigsby. Well, if you desire. 

The Chairman. What is your idea on that. General. 

Mr. Davidson. Well, of course, this oath here is faulty; there is no question 
about that. On the face of it, it is faulty, but I don’t know. 

Mr. Grigsby. As that voter was only 8 days in that voting precinct, there 
is no necessity of sending it to me, because I shall hold that 30 days’ residence 
in a precinct is ample. 

The Chairman. Well, I think we can accept this, as the judges of election 
have. 

Mr. Davidson. Well, I’m perfectly willing. They balled it up so. 

Mr. Garfield. There is only one question, and that is the question of precinct 
and division being synonymous. If it is, I think his vote should be counted. 

]\Ir. Chairman. Well, we’ll put that up to the Attorney General. 

Mr. Grigsby. What? 

The Chairman. Whether precinct and division are synonymous—whether a 
man that has lieen 30 days in a division can vote. 

Mr. Grigsby. Well; I have instructed all the election officials that 30 days^ 
residence in a precinct is required. 

Mr. Davidson. Oh, you did? 

Mr. Grigsby. Y"es. 

Mr. Davidson. How about Sulzer voting down at Ketchikan? 

INIr. Grigsby. I don’t know. If he voted where he didn’t reside 30 days, it 
isn’t good. I know lots of them that voted because the Territorial statute 
says they can. The Territorial statute contradicts the Federal statute. Thirty 
days in a division. The Federal statute is, by reference, incorporated into the 
organic act. 

The Chairman (reads Gen. Grigsby’s instructions sent out to inform voters 
of necessary qualifications, etc.). (Reads) : 

“ Rejected ballot of O. T. Thorensen, by reason of not having resided in the 
precinct, has not been included in the final totals.” 


WICKERSHAM VS. SULZEE, DECEASED, AND GRIGSBY. 775 


Mr, (tArfiei.i), T think that decision, then, is satisfactory, 

]Mr, Davidson, Mr, Grigshy, I’d like to have your written oiiinion on that 
really, because that is something that shoidd he for the future, 

]Mr, Gktgshy, Very well. That is all right now, isn’t it? 

The CHAiiniAN, We’ve got one more. In this case the oath is properly taken, 
hut there is no certificate on the election register, hut the certificate of the 
judges of election to the election returns is properly made out, 

INIr, Grigshy, Have you any where that certificate is omitted that is signed 
there? 

The Chairman, Well, the only think is that I have a wire from the clerk 
of the court at Valdez, He says, in answer to the wire which I sent all the 
clerks of the courts: 

In comi)liance with ]iaragraph 2 of section 402, page 208, Compiled T^aws, 
I mailed you on November 22, certified copies of (liiplicate certificates of elec¬ 
tion from 80 precincts. On December 9. from 10 i)i-ecints. On .Tanuary 17, 
from n precincts and on January 18 I'eported no returns from 4 precincts, 

Lang, Clerk. 


LOUDEN ( REOI’ENED ) , 


The Chairman, At L<uiden oflicial liallots were used and sent in. The regis¬ 
tration hook is another form again, you see. The registration hook shows 
nine voters, iiroperly signed by the judges of election ; in the election register 
and tall.v hook the judges of eledion have signed the oath of office to he taken 
by the judges of election, hut it does not show that it has been executed, 
although this is merely a (liiplicate. This (indicating) is the duplicate election 
register and tall.v hook ; does not s(?em to lie the original. Here is the regis¬ 
tration hook In the election register the names were not jiiit down, although 
we find them in the original handwriting on the I'egistration hook, Tlie tally 
is correctly made—probably correctly made; the certificate of the judges of 
election is signed, 

(Canvass deferred pending receipt of opinion from attorney general,) 

m’dougal. 


Mr, Davidson, Certificate of election register not tilled out. 
The Chairman, Well, that’s like the other one. 


PALMER, 

The Chairman, That was where the judges were not sworn, 

Mr, Grigsry, Just one of the judges swore before they started to perform 
their duties , Is that all? 

Tlie Chairman, Yes; I think so, 

Mr, Grigsry, There isn’t an.v trouble except with the oaths of election 
officers, hut if .vou require a further opinion than I have already given, it will 
be that it doesn’t make any difference. 

The Chairman. Now, jiending your written opinion on the various questions, 
whicli we have put up to you, how do you think the hoard should proceed? 
Should we take the returns as sent to us by the judges of election and make 
a note of any discrepancies that we may find or description of rejected ballots 
and then to adjust the canvass? 

Mr. Grigsry. Well, I suppose it ^^'ould he all right to go ahead with the 
tall.v, with the understaiuling that your determination isn’t final until you 
pass upon tlie legal questions, where thei-e are any. If you stop the tally it 
will delay the canvass to that extent. Two .vears ago the hoanl adopted the 
rule that the canvass wasn’t final until it was adopted after its completion. It 
was tentative onl.v. 

The Chairman. Well, I think that has been the assumption we've been 
working under. 

Mr. Davidson. That is what I understand. 

The Chairman, Well, in that case we can continue the tally. 

I have here some telegrams. I wired the clerk of the court for the fourth 
division regarding missing ballots from AViseman, and he replies as follows: 

“ Ballots Wiseman voting precinct were forwarded you by registered letter 
No. 2563, dated November 26, together with order and notice of election and 
order appointing judges. 

” Clark, Clerk.'" 


776 WTCKEPvSHAlM VS. SVLZER, I)E(’EASEI)^ AND GRIGSBY. 


Here is another one fi'oin Clark: 

“FAiunANKS, Feliruai'!/ 10. 1019. 

“ Riggs. 

Governor, Juneau: 

“ Certified copies dnidicate certificates of jndj^es of election have been mailed 
yon as same have been received, the first heinj^; fVn'warded November 30 last 
January 28, which includes all returns received this division. 

“ Clark, Clerk.” 


Here’s one from McGann: 

“ Nome, February 10, 1919. 


“ Riggs, 

Governor, Juneau: 

“ Quarantine prevents election returns of Bethel, Marshall, Willow, Kinia ”— 


I never heard of that precinct before. [Spells it.] 

Mr, Garfield. Its Kiana. 

The Chairman. Yes; I ^uess it must he. [Continues:] 

“ precincts reaching this office. Correct copy of results from other precincts 
mailed and held in i)ost office becau.se of ([uarantine regulations. First mail 
since election leaves Nome February 12. 

“ McGann.” 


RUBY. 


INlr. Davidson. Duplicate election register and tally book properly certified. 

(Ballots counted and returns checked and tallied.) 

FORT gibbon. 

Mr. Davidson. Election register and tally book properly certified. 

The Chairman. Here are fwo ballots, evidently been counted. 

Mr. Garfield. Thirty-nine ballots cast for the head of the ticket. 

The (.’hairman. Thirty-nine. AVell, then, these evidently have not been 
counted. That's one that votes for Sulzer and Wickersham. Here is one that 
has voted for both Hess and Pratt, so that has evidently not been counted for 
the same reason. Here is one that has been rejected, I imagine, on account ' 
of the cross being on the right-hand side. Following our precedent, we will 
count this ballot for Wickersham, making a note in the record ” pending deci¬ 
sion of Attorney General.” 

Mr. Davidson (glancing over ballot). He didn’t vote for anybody. 

The Chairman. Didn’t vote for anybody else except AVickersham. 

(Ballots counted and returns checked and tallied.) 

RAMPART. 

Mr. Davidson. Election register and tally book i)roperly certified. 

The Chairman. Here is one ballot that was included in the unuseil ballots. 
One stub is torn off and it’s marked for Connolly, but it was evidently not de¬ 
posited in the ballot box. 

Air. Garfield. Any statement on the back? 

The Chairman. No statement on the back. 

hot springs. 

Mr. Davidson. Election register and tally book, properly certified. 

The Chairman. Here is one that is marked on the back ” We consider this 
ballot defective, therefore illegal.” It has for Delegate a cross before the name 
of Sulzer and Wickersham, but following our precedent, I think we ought to 
count the other votes where they are proper, 

(Ballots counted and returns checked and tallied.) 

circle. 

Mr. Davidson. Election book, properly certified. 

(Ballots counted and retums checked and tallied.) 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


777 


EUREKA. 

Mr. Davidson. One election refjister anil tally book properly certified. 
(Ballots counted and returns checkeil and tallied.) 


COLDSTREAM. 

:^D-. Davidson. One election register and tally book properlv certified. 
(Ballots counted and returns checked and tallied.) 


TOFTY. 


Mr. Davidson. One election register and tally book properly certified. 

The (Chairman. Here’s a ballot rejected “ as voter put name on ballot,” signed 
by the judges of election. It is marked for Sulzer, Hess, Nordale, and Penning¬ 
ton. (To Mr. Garfield). See if there’s a Frank Allen in the list of voters. 

Mr. Garfield. Frank Allen? Yes. That isn’t Allen. 

The Chairman. Well, it looks like Alben. 

(Ballots counted and returns checked and tallied.) 

LOWER CLEARY. 

Mr. Davidson. One election register and tally book properly certified. 

The Chairman. Thirty-four votes. 

INIr. Davidson. Thirty-two registered. 

The Chairman. IVIaybe the judges of election didn’t register. 

Mr. Garfield. One of the judges of election hasn’t registered. 

The Chairman. Well, there are 34 votes cast for the head of the ticket and 
there’s 34 ballots here. Is that the duplicate or original? 

Mr. Garfield. Duplicate. 

The Chairman. Is it certified? 

Mr. Garfield. l"es. 

The Chairman. I think we better- 

Mr. Garfield. Down here they got “ The total number of persons voted was 
34.” Oh, I think it’s all right to let it go—just an informal mistake, technical 
error. 

Mr. Davidson. Oh, I think that it should be counted. 

The Chairman. Well, the certificate of the clerk will show that. 

Mr. Garfield. I move you to accept the returns as counted. 

Mr. Davidson. I second the motion. 

The Chairman. All right. Evidently a mistake in copying. Original one is 
probably with clerk of court. 

Mr. Davidson. Certificate of selection of judges of election when original ap¬ 
pointees fail to appear and qualify. 

(Ballots counted and returns checked and tallied.) 

CLEARY. 

INIr. Davidson. Duplicate election register and tally book properly certified. 
(Ballots counted and returns checked and tallied.) 

GILMORE. 


Mr. Davidson. Certificate of election register not filled out. The other cer¬ 
tificate, the oath of office to be taken by the judges of election are proiierly 
filled out, and the certificate of the judges of election to returns properly 
certified. 

The Chairman. What’s left out, the certificate of the election register? 

Mr. Davidson. Yes. 

The Chairman. Well, we’ll put that aside with the other. 

(Canvass deferred, pending receipt of opinion from Attorney General.) 

NUL.\TO. 

INIr. Davidson. One election register and tally book, properly filled out and 
certified. 



778 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


The Chairman. Here is one tliat has some of those same lilots that has evi¬ 
dently lieen counted in tlie returns. 

(Ballots counted and returns checked and tallied.) 

LITTLE ELDORADO. 

INIr. Davidson. Tally hook, first oath, oath of judges has been signed but not 
sworn to. The others oaths are (). K. 

The Chairman. Shall we put this aside with the others? 

Mr. Davidson. Mijrlit as well. 

Tlie Chairman. Everything else is proper? 

IMr. Davidson. Yes. 

POWER PLANT. » 

Mr. Davidson. One registration hook. Oath of judges missing in duplicate 
election register and tally hook. 

(Canvass deferred pending receipt of opinion from the Attorney General.) 

m’grath. 

Mr. Davidson. One duplicate election register and tally hook, properly tilled 
in and certified. 

The Chairman. Here is a ballot that has been rejected, which has the 
name scratched off as in the previous ballots. We’ll have to put this one away. 

(Canvass deferred pending receipt of opinion from Attorney General.) 

bettles. 

Mr. Davidson (after examining books). It’s all right, but it isn’t tallied. 

The (’hairman (I’eading from note on ballot). “This ballot not properly 
marked and has not been counted. Judges of Election ’’—marked on tbe right- 
hand side. Ballot marked on the other side for Wickersham, Pratt, Callahan, 
and Ross. 

We might as well lay this aside. 

IMr. Davidson. Well, we have been counting those, but we can take another 
one and lay this aside for the present. 

(Ballots and returns laid aside for consideration after receipt of opinion of 
Attorney General.) 

GEORGETOWN. 

IMr. Davidson. One duplicate election register and tally book, properly cer¬ 
tified. 

(Ballos counted and returns checked and tallied.) 

(Adjournment taken until 2 p. m.) 

afternoon SESSION. 

The board met at 2 p. m., pursuant to adjournment. 


GRAEHL. ^ 

The Chairman. Certificate of register of voters not signed. 

ESTER. 

Mr. Davidson. One election register and tally book, properly certified. He 
hasn’t got a tally. 

The Chairman. I suppose we’ll have to tally it then, don't you suppose? 

IMr. Garfield. They’re all right except Penningtoiii—two mistakes. 

Mr. RrsTGARi). How many registered? 

The Chairman. Twenty-nine. 

IMr. Garfield. Twenty-nine voted the head of the ticket. 

DOAIE CITY. 

IMr. Davidson. One election register and tally book, properly certified; cer¬ 
tificate of selection of judges of election when original appointees fail to appear 
and cpiality, appointing Mrs. Allie Stevens, properly signed. 

(Ballots counted and returns checked and tallied.) 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


779 


FAIRBANKS. 

r)AMDS 0 N. Two c'liallenge oaths—A. I). Wiler, Herman K. Stenbiiek; one 
certiiicate of selection of judges of election when oripiial parties fail to appear 
and qualify, appointin^j; George Moody. 

The Chairman. Before we start here, we inij^ht as well make a note of these 
other things here. Here are four ballots marked “ mutilated ballots,” thrown 
out, and one ballot with a hole in it, evidently made in making a cross op¬ 
posite the name of Sulzer. 

^Ir. Davidson. Let s see it a second. Governor. Don't you think that tliese are 
mutilated ballots when they give them extra ballots? 

The Chairman. Where they give them extra ballots, they still have the stubs 
on. [I'^iXamining ballots]. A ballot with the word—with no mark against the 
name of the candidate, but with the word “ Democrat ” crossed out opposite the 
name of Sulzer, Hess, Dunn, Kilgore, Nordale, and Deniiington ; a blank ballot; 
a ballot M-ith a line drawn through the name of Sulzer, I’ratt, Callahan, and 
Colbert. Collins and Boss; ballot marked “ vote for representatives disregarded; 
other votes included in the general count ” ; ballot marked “ Vote for represen¬ 
tatives disregarded; either votes included in general count; there are tive 
representatives voted for on one and six on the other. [Continues] : Bal¬ 
lot for senator disregarded; other votes included in the general count ” ; two 
inarks against the senators, although the name of Pratt seems to have been 
intended to l)e erased; ballot marked “ vote for senator disregaiMted ; other votes 
included in the general count;” it has two candidates for senator voted for. 
Ballot marked “ vote for delegate disregarded ; other votes included in the gen¬ 
eral count.” It has two votes—it has two delegates voted for. 

In the mutilated ballots thrown out, the intent seems to have been on one 
to vote for Sulzer, but he made a hole in the ballot; the intent on another seems 
to be to vote for Sulzer, Hess, Dunn, Kilgore, and Pennington, although im¬ 
properly marked by scratching out the word “ Democracy ” ; one total blank ; the 
intent seems to have been, in this one, to vote for Sulzer, Pratt, Callahan, 
Collins, and Ross, although it is improperly marked. 

Mr. Davidson. Well, what are M'e going to do with these? 

Mr. Chairman. I think the judges of election probably did right about them. 
Scratching out the word “ Democrat ” isn’t casting a vote. It is not exactly 
a line through the name; just a line at the end of the name. 

I think the decision on the other ballots will i)robably govern these. I be¬ 
lieve the intent was to vote as marked, but it is not conclusive. 

Mr. Davidson. Weil, these are not conclusive, but I believe that ballot there 
[pointing] should be counted. 

The Chairman. Shall we lay this aside, pending the decision; because on 
the decision will hinge the intent of the voter. 

Mr. Garfield. Yes; that is \vhat we want to arrive at, in canvassing those 
votes. What did the voter intend? It looks as though he intended there to 
vote for Sulzer. He useil his pencil on a rough surface and tore it with a 
hard pencil. There is no other mark on the ballot. .Just off-hand you’d say 
that was his intention, 

;Mr. Davidson. This one, what would you say about his intention there— 
to cut off all the Democrats? 

Mr. Garfield. No ; his intention was to vote for the Democrats, I’d say, 
from the fact that he has crossed out the other names; otherwise, he intended 
to vote for the ones he marked. It’s jiretty hard, though, to contemplate the 
operation of a person’s mind who prepares his ballot in that way. 

The Chairman. I suggest that we lay this temporarily aside until the Attorney 
General has given his opinion on the others. 

I think we shouldn’t give out the result when we lay them out temporarily. 

Mr. ^Marshall. I don’t think that’s proper. 

The Chairman. Yes; I don’t think we ought to give out any information. 

EAGLE. 

]\Ir. Davidson. One election register and tally book, properly certified. 

(Ballots counted and returns checked and tallied.) 


780 WICKERSHAM VS. SULZER, DECREASED; AND GRIGSBY. 


MOOSE CKKEK. 

Mr. Davidson. Election re^jister and tally book proiierly certified; certifi¬ 
cate of selection of judges of election ^^dlen original appointees fail to appear 
and qualify, appointing .Jacob Wagner and Charles Westplial, properly signed. 

(Ballots counted and returns checked and tallied.) 

CHICKEN. 

Mr. Davidson. ()ne of the challenge oaths is signed by G. G. Esterbrook, 
properly signed by the judge of election; one election register and tally book 
properly signed. 

The Chairman. Here is a ballot that is marked against the names of Sulzer 
and Wickersham. The mark against Sulzer is evidently intended to be blotted. 

Mr. Davidson. Yes; I think so. 

Mr. Garfield (examining ballot). Yes; it’s perfectly clear; yes. 

(Ballots counted and returns checked and tallied.) 

FRANKLIN. 

Mr. Davidson. Election register and tally book properly certified. 

(Ballots counted and returns checked and tallied.) 

aniak. 

Mr. Davidson. One duplicate election register and tally book properly cer¬ 
tified and one certificate of judges of election of facts preventing the use of 
official ballots. What’s the matter with this? 

The Chairman. Oh, that’s another case where everybody signed. 

(Ballots counted and returns checked and tallied.) 


TACOTNA. 

Mr. Davidson. Election register and tally book properly^ certified. 

woodchopper. 

The Chairmans That one wasn’t voted. The stub was torn off. Says the 
voter marked ballot. 

Mr. Davidson. Election register and tally book, properly certified. 

(Ballots counted and returns checked and tallied.) 

The Chairman. At the suggestion of Mr. Rustgard, insert in there, in the 
certificate of election register, that the number of voters is not certified to, 
although the rest of the certificate is made out. 

nenana. 

IMr. Davidson. Gne challenge oath sworn in by Xoseph Alane. 

The Chairman. Here’s a bunch of ballots marked “ Ballots not counted by 
being marred,” signed by the judges of election, and another ballot, “ This ballot 
marred by voter; new ballot issued.” 

Mr. Davidson. One election register and tally book properly certified. 

The ChairmAxN. Here’s a bunch of ballots- 

Mr. Davidson (interrupting). Beg pardon; have they counted them? 

The Chairman. No ; none of them are counted. Whole ballot thrown out 
because there are two voted for Delegate. Ballot marked in the column designa¬ 
tion for part.y by which nominated. That is very similar to the one in the Fair¬ 
banks district; ballot marked on the righf side of the name, as we have 
been counting them; another ditto; ballot marked “Erased,” rubbed out with 
an eraser, evidently, and marked in another place; ballot marked in the party 
designation column ; ballot thrown out because voted for five representatives; 
ballot with marked cross on the right-hand side; here is one crossed on the 
right-hand side. Well, we’ll put that away. 

(Canvass of votes from Nenana precinct deferred pending receipt of opinion 
from attorney general.) 



. AVICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 7B1 


TANANA. 

The Chairman. There’s one that wasn't allowed to be voted; it wasn’t put 
in the ballot box probably marred his ballot; two marred ballots unmarked. 

Mr. Davidson. Election register and tally book properly certified. 

The Chairman. All seem to be in good shape except this ballot here, which is 
marked for Connolly and A\ ickersham and is among those that have been counted 
with no mark on either side. I suggest that we run through the head of the 
ticket. 

]Mr. DA^^[I)soN. There’s 60 registered. 

The Chairman. Well, then, it evidently hasn’t been counted. 

Mr. Marshall. No. 

Mr. Rustgard. I suggest running through the head of the ticket. How did 
you say the vote stood? 

The Chairman. Sixty-five ballots, and 64 voted for the head of the ticket. 
Neither one of the head of the ticket is marked. 

Air. AIarshatx. One is marked for two candidates. 

The Chairman (to Mr. Rustgard). If we run through the head of the ticket 
your side loses. You want to run through the bead of the ticket? 

Air. Rustgard. If there is no objection on the part of the board. 

(Head of the ticket checked, resulting in no change.) 

FLAT. 

Air. Davidson. One certificate of selection of judges of election when original 
appointees fail to appear and qualify, appointing C. R. Peck. Election register 
and tally book i)roperly certified. 

Air. AIarshall. Appai-ently one blank. 

The Chairman. One blank. 

Air. AIarshall. But as 97 voted for the head of the ticket, it evidently has 
been counted for somebody. 

The Chairman. So it appears. We better count them. (Recount made.) 
Judge Alarshall's right; there’s one blank. 

Air. Davidson. Well, hang that up, then. How are the rest of them? All 
voted on this side. We’re liable not to get that question settled for a long 
time; it may be five or six weeks, you know. 

The Chairman. We can say one ballot counted, marked, outside of all lines 
to the extreme right; one cross for Sulzer, Hess, for Callahan inside of line 
underneath the column party designation and Kilgore. 

Air. Davidson. I think, so far as these votes go, it don’t matter the position 
of that mark, so long as it is opposite the name. Do you? 

The Chairman. Well, it’s all in the same category. 

Air. Davidson. I think we might as well go on and count these and then the 
thing can be taken up afterwards. It strikes me that that ballot is perfectly 
good. 

The Chairman. Well, if under our ruling this ballot is good, why, then there 
are probably those other ballots that are good, too. 

Air. Garfield. Well, that makes it agree with the 97? 

The Chairman. That makes it agree; yes. 

(Ballots counted and returned, checked and tallied.) 

First Division. 

Air. AIarshall. Air. Chairman, we want to look at the orders, or the various 
orders, if there’s more than one, issued by the commissioner and recorder in 
the Chitina recording district. I don’t know whether you want us to look at 
that in the presence of the board or- 

The Chairman. We looked at that the other day. You want to look at it 
again? 

Air. AIarshall. Yes. 

PETERSBURG. 

Air. Davidson. Two duplicate election registers and tally book; certificate 
of selection of judges of election when original appointees fail to appear and 
qualify—Louis Alartin and one of the same appointed Antone Anderson and 
John Bruce, I guess it is. Both the duplicate election register and tally 
book are properly certified, and one registration book properly certified. 

(Adjournment taken until 10 a. m., February 12, 1919.) 



782 


WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. . 


Washington, Februarti 12, 1919. 

Tlie hoard met at 10 a. m., pursuant to adjouriiiiieiit. 

Tlie Chairman. T have the follnwing telegram fr(>m Fairbanks: 

Lower Clearly precinct election register and registration hook show 34 
persons registered ; certificate shows 34 votes. Registration hook .shows votes 
numher 31 to 34, inclusive, follows: Axel Kaymond, U. Weiss, Fred W. Schaap, 
P. p]. Dunlapp. 

Clark, Clerk. 

DOUGLAS NO. 1. 

Mr. Davidson. One registration hook, jiroperly certified; one duplicate elec¬ 
tion register and tally hook, with oaths of judges and clerks complete; ac¬ 
ceptance of judges. 

Mr. Garfield. And properly certified hy judges as to registration and cer¬ 
tificate of election—results of election. 

Mr. Davidson. This is an acceptance of appointment hy memhers of elec¬ 
tion hoard in municipalities; signed hy Euline B. Silkwood, Oliver M. Olson, 
Alex Kromiuist, Hugh Tracy, and David H. Christoe. 

(Ballots counted and returns chec-ked and tallied.) 

PORT WALTER. 

Mr. Davidson. One duplicate election register and tally hook, properly 
certified, and one registration hook, properly certified. 

(Ballots counted and returns checked and tallied.) 

HAINES. 

Mr. Davidson. One i-egistration hook, properly certified; one duplicate elec¬ 
tion register and tally hook; oath of officers correct; registration certificate 
correct, and certificate of election properly signed hy judges. 

Here is one challenge oath signed hy J. H. Chisel; here is the certificate of 
selection of judges of election when original appointees fail to appear and 
qualify, appointing A. F. McLean. 

The Chairman. Here is a ballot that is voted for every one of the repre¬ 
sentatives and nobody else. Two in here crossed on the right side. This one is 
marked “ marred ballot ” ; never been voted; they probably got a new ballot. 

(Ballots counted and returns checked and tallied.) 

WRANGELL. 

Mr. Davidson. One registration hook, properly certified. 

Mr. Garfield. One duplicate election register and tally hook, properly cer¬ 
tified ; 164 ballots cast and 164 blanks. 

The Chairman. One hundred and sixty-four blanks? 

IMr. Garfield (reading). “And the numher of ballots totally blank cast is 
164, and the numher of ballots cast is 164.” [Laughter.] 

(Recount made.) ^ 

IMr. Garfield. IMakes an extra one for Wickersham. 

(Owing to a miscount, Wickersham gained one.) 

HYDER. 

IMr. Garfield. Duplicate register and tally sheet, all certified to. I ixit 
the motion that they he counted. 

Mr. Davidson. I second it. 

Mr. Garfield. Waiving any informalities. 

The Chairman. Was the precinct properly established? 

IMr. Davidson. That’s a thing we've got to look up. 

The Chairman (after looking through orders establishing precincts). I 
find no notice of the establishment of this precinct. 

Mr. Davidson. I suggest that we wire Ketchikan. 

The Chairman (interposing). IMahoney to find out. Shall we tally this? 

IMr. Garfield. Yes; I think so. 

(Telegram sent to IMahoney accordingly.) 

Mr. Davidson. I’d say tally it and then we can strike it off. 


AVICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 783 


T-he Chairman. Well, now, Heckman is a holdover. We can’t count any 
vote for him. 

Mr. Garfield. Well, we can put him down. It won’t do any harm; it comes 
in the scattering list. 

Mr. Davidson. One registration book for general election is a small book 
and not the regular printed registration book, such as used for general elec¬ 
tions, but is i)roperly certified by the judges and there is one certificate of 
judges, certifying that there were no ballots received. 

Mr. Garfield. Tally sheet is also informal. 

The Chairman. The ballots are not official ballots, but written in on paper, 
showing candidates “for Delegate to Congress, vote for onetwo lines 
marked “Sulzer, Charles A., and Wickersham, .Tamesthen a blank, then 
a line for territorial Senator, and two blank lines; then four blank lines headed 
“for territorial representative, vote for fourstubs on the heads of the sheets 
and torn off; a blank ballot marked “No. 11,” with stub still attached, is trans¬ 
mitted with the record. 

Siilzer . 0 , Wickersham 5. 

(Ballots counted, returns checked and tallied.) 

CORDOVA. 

Mr. Davidson, ('ine registration book properly certified, and one certificate 
that there wjis only one judge that appeared ami that the vacancies were filled 
by a vote taken at the time, appointing Bartley Howard. Frank Foster as 
judges, and George Howard, Pal O’Tool as clerks, and that was properly 
sworn to. 

Mr. Garfield. Lot of bum ballots; 415 voted and only 404 for the head of 
the ticket. There’s two different colors of ballots; different shades of paper. 

The Chairman. Kan out of one kind of paper. 

Mr. ^Marshall. I expect that they ran short of one kind of paper. 

The Chairman (after counting ballots). Four hundred and one i)erfectl.y 
good ones. There are five rejected, api)arently, but not as to the head of the 
ticket. I made a mistake here. Five blank as to the head of the ticket 
(counts again) (> Thanks as to the head of the ticket; one totally blank; five 
rejected in part but all right as to the head of the ticket and two rejected 
as to the head of the ticket. Nine votes not for the head of the ticket and a 
total of 415 votes. 

IMr. Garfield. Four hundred and fifteen registered. 

The Chair:man. That ought to make 40G for the head of the ticket. 

Mr. Garfield. I^our hundred and four counted; 404 tallied. 

The Chairman. Well, we better look through these and see if we have over¬ 
looked any that should have been thrown out. We have got 40G votes for 
the head of the ticket, but only 404 appear on the talley, so there’s two votes 
for the head of the ticket not accounted for. 

There’s 401 good votes. 

Mr. Davidson. And five here. 

The Chairman. That makes 40G. 

[Recount made to see if there were any blanks as to the head of the ticket, 
resulting in agreement with records of election board.] 

:\Ir. Garfield. Duplicate election register and tally book, oaths of judges 
correct, also certificate of registration, and certificate of election 


VALDEZ. 

]Mr. Garfield. One duplicate register and tall.v book, oaths of judges cor¬ 
rect, also certificate to election register, and certificate of election properly 
signed. 

The Chairman. Here is one that has been scratched out—scratched out Con¬ 
nolly ; so that makes 21; G blanks for the head of the ticket—255. 

Mr.’ Garfield. That makes it all right; total vote 2G1. 

The Chairman. How does that jibe it with the head of the ticket? One 
ballot evidently not counted for the head of the ticket marked for Connolly 
and Sulzer. Attempt made to rub out the cross opposite Connolly’s name. 
That is quite relevant to the tickets we counted for Wickersham. 

(Adiournment taken until 2 p. m. Later changed to 10 a. m., February 13, 

1919.) 


784 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Thursday, February 13, 1919. 

The board met at 10 a. m., pursuant to adjournment. - 

ILIAMNA. 

Mr. Garfield. Election register and tally book, judges oath, properly exe¬ 
cuted, certificate of registrjition and certificate of election properly .signed. 

(Ballots counted and returns checked and tallied.) 

NINILCHIC. 

Mr. Davidson. Gne election register and tally book, with all certificates 
properly executed. 

(Ballots counted and returns checked and tallied.) 

KENAI. 

Mr. Davidson. One registration and tally book, properly ceftified. 

The Chairman. Here is one that is marked against the blank. 

Mr, Garfield. Is that counted? 

The Chairman. Yes; that’s counted. 

Mr. Marshall. Doesn’t that also show that there has been an attempt to 
mark it for Wickershani? 

The Chairman. Well, then, that would be two marks. 

Mr. Marshall. But one doesn’t count, according to the holding of the 
board. 

The Chairman. One doesn’t count, but two marks that are marked there 
would throw it out. 

Mr. Davidson. Wouldn’t throw it out unless it was opposite the name. 

The Chairman. He had evidently started to mark it for Wickershani and 
changed his mind and marked it for a blank. 

Mr. Marshall. The judges of election counted that though? 

The Chairman. I don’t know whether they did or not until we check .up. 
I was just drawing the attention of the board to that. 

(Recount made.) 

The Chairman. It has not been counted. 

Mr. Davidson, This one—of course, I wouldn’t count this, but suppose this 
would be marked up there; then I would say that Wickershani or anybody else 
that had the cross opposite his name should be counted. 

The Chairman. Well, I shouldn’t. Unless that was erased—I should say 
it couldn’t be counted. But there are two marks against it, under column 
head of the ticket. I don’t see how you could possibly count it. 

Mr. Garfield. It would be two votes for official designation, but not two 
votes for the individual candidates? 

The Chairman. Yes. 

Mr. Davidson. That fellow there started in to vote for Wickershani and 
then dropped down there. Had no right to vote at all, because an idiot started 
to vote and then changes his mind and dropped dpivn there. 

(Ballots counted and returns checked and tallied.) 

AFOGNAK. 


The Chairman. IMarred ballot; shall we look at it? 

IMr. Davidson. Yes. One registration book, properly signed; certificate 
properly signed. 

Mr. Garfield. One election register and tally book, with proper oaths of 
election officers, certificate of registration and certificate of election properly 
signed. 

(Marred ballot had not been polled.) 

SANAK. 

The Chairman (reading). “We certify that the within ballot was marked by 
us for elector incapable, under the law, of making his own ballot and as di¬ 
rected by him.” Unofficial ballots. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 785 


]Mr. Garfield. One election register and tally book, with oaths of judges; 
oaths of judges properly signed; certitieate of register and election returns 
projierly signed hy the judges. 

IMr. Davidson. Here is a certificate of the judges of election of facts pre¬ 
venting the use of ofticial ballots, certifying that there was no official ballots 
receiveil and that they allowed the use of other ballots; signed by Gus Holm- 
berg, W. J. Moran, and Mrs. A. C. Goss. 

The Chairman. Five ballots certified to by judges of election that elector 
was incapable, under the law, of making his own ballot, as directed by him. 

(Ballots counted and returns checked and tallied.) 

UNALASKA. 

IMr. Davidson. One certificate of judges of election of facts preventing the 
use of official ballots, signed by the three judges, certifying that there was no 
ballots received and that they used iirinted ballots macle by themselves. 

The (’hair^man. The ballots were made according to the parties: Socialist 
Party, Kepublican I'arty, Democratic Party. 

(Ballots counted and returns checked and tallied.) 

unga. 

Mr. Garfield. One election register and tally book, oath of judges properly 
executed ; the certificate of registration and election returns properly signed. 

Frame’s name is on the ticket, but it isn’t printed in the tally book. 

]Mr. Davidson. You see, this is the same kind of tally book as that other one, 
and these fellows niade up the tally different. 

(Ballots counted and returns checked and tallied.) 

CHISANA. 

Mr. Garfield. One election register' and tally book, oath of judge properly 
executed; certificate of registration and election returns properly signed. 

(Ballots counted and returns checked and tallied.) 

CHIGNIK. 

The Chairman. Another place with unofficial ballots. 

Mr. Bilstgard. In, that case the certificate of the judges to the effect that 
no official ballots were received was not received with the returns? 

(The chairman reads certificate of the election board of facts preventing the 
use of official ballots.) 

Mr. Kl’stgard. That certificate came here from the clerk of the court? It 
wasn’t inclosed in the same envelope with the ballots or registration book? 

The Chairman. No. 

Mr. Davidson. Here is the same proposition—that they received the tally 
books, but not the ballots. 

Mr. Garfield. Now, these ballots are the same kind as they had before with 
the candidates names left off. 

Mr. Davidson. One registration book, properly certified. 

Mr. Garfield. One election register and tally book; oath of judges properly 
executed; certificate of registration and election returns properly signed by the 
judges. 

(Ballots counted and returns checked and tallied.) 

OUZINKIE. 

The Chairman. Here is one (exhibiting ballot) says: “Voted on Republican 
ticket, folded too quickly and blotted” ; but if the number checks up, I think 
that ought to be counted. Six tickets certified by the judges of election that 
the elector was incapable, under the law, of marking his own ballot as directed 
by him, of which one is for (Ymnolly, two for Sulzer and three* for Wickersham. 
Now, are there 20 for the head of the ticket? 

Mr. Garfield. Yes. 


151279-20- 


50 . 



786 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Tlie CHAiR^vrAN. Well, then, that lias been counted; that was an explanation 
of the blots. 1 wonder wbat they did with the representative business. I 
imagine we’ll have to tally the representatives. 

(Votes for representatives canvassed.) 

]Mr. Garfipu.d. This cuts out one for Frame. 

Flection rejuister and tally book, with oath of judfjes properly executed; cer- 
titicate of register and election returns properly signed by the judges. 

KODIAK. 


Mr. Davidsox. There is one certiticate missing here. 

The Chairaian. We better put that away then. Well, the original registra¬ 
tion book and certificate’s here. 

Mr. Davidson. Yes; but we had one just the same as that and put it away 
the other day. 

The Chairman. Didn’t we count it? 

Mr. Davidson. I think we should have, but we didn’t. 

The CTiatrman. I thought we counted it. 

Mr. Davidson No. 

The Chair]man. Original registration book is submitted with the returns and 
is properly certified by the judges of election, but that duplicate register is not. 

(Canvass of returns from this precinct deferred pending receipt of opinion 
from the attorney general.) 


Fourth Division, 
thirty-five mii.e. 

(Envelope containing election returns in bad condition.) 

Mr. Garfield. One duplicate election register and tally book, oaths of judges 
properly executed, certiticate of registration and election returns .properly 
signed by the judges. 

(Ballots counted and returns checked and tallied.) 

POOR MAN 

INlr. Garfield. One duplicate election register and tally book, oatbs of judges 
properly executed, registration certiticate, and election returns properly cer¬ 
tified by the judges. 

(Ballots counted and returns checked and tallied.) 


LONG. 


jNIr. Garfield. One election register and tally book, oaths of judges properly 
executed, certiticate of registration, and election returns signed by the judges. 
(Ballots counted and returns checked and tallied.) 


GREENSTONE. 


Mr. Garfield Duplicate election register and tallj^ book, with oaths of judges 
properly executed, certiticate of registration, and election returns signed by the 
judges. 

(Ballots counted and returns checked and tallied.) 


SPRUCE. 


jNIr. Garfield. Duplicate election register and tally book, oath of judges cor¬ 
rect, certilicate of register not executed, certiticate of election returns properly 
signed by the judges. 

(Canvass of votes from this precinct deferred pending receipt of opinion of 
the attorney general.) 

FORT Y'UKON. 

Mr. Davidson (’ertiticate of selection of judges of election Avhen original ap¬ 
pointees fail to appear and qualify. 

INIr. Garfield. One duplicate register and tally book, oath of judges properly 
executed, certilicate of registration and election returns signed by the judges. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 787 


Ihe Chairman. This states that Lynn Short and Edward Owens did not 
fippear; so by process of elimination we can see what men must have been 
there. 

(Ballots counted and returns checked and tallied.) 

OPHIR. 

The Chairman. Another bum certificate. 

IMr. Garfield. Duplicate election register and tally book, oath of judges prop¬ 
erly executed, certificate of election register not signed by the judges, certificate, 
of election returns properly signed by the judges. 

Mr. Davidson. I wonder when Grigsby is going to give us an opinion. He’s 
holding us back to beat the band. 

The Ch.xirman. He hasn’t held us back yet. 

(Adjournment taken until 2 p. m.) 

AFTERNOON SESSION. 

The board met at 2 p. m., pursuant to adjournment. 

FORTUNA LEDGE (MARSHALL.) 

INIr. Davidson. Kegistration book; this has a certificate signed in proper 
shape, properly certified. 

INIr. Garfield. Duplicate general election register and tally book; oaths of 
judges properly executed, llegistration and election certificates signed by the 
judges. 

Mr. Davidson. There was one challenge oath, signed by Dora K. Bennett; 
also certified and sworn to before H. Ray Hunt, judge of election. 

(Ballots counted and returns checked and tallied.) 

WILLOW creek. 

Mr. Davidson. One registration book, properly certified. 

IMr. Garfield. One duplicate general register and tally book; oaths of judges 
properly executed; certificates of registration and election returns properly 
certified. 

(Ballots counted and returns checked and tallied.) 

I 

BETHEL. 

Mr. Davidson. One registration book, properly certified. 

Mr. Garfield. No certificate of registration here. 

Mr. Davidson. How’s the others? 

Mr. Garfield. The others are all right. 

Mr. Davidson. There is no certificate of registration here. 

The Chairman. Well, we’ll lay this aside. 

(Returns not canvassed pending receipt of opinion from attorney general.) 

UNALAKLEET. 

Mr. Davidson. One certificate of selection of judges of election when original 
appointees fail to appear and qualify (Aaron Paneck) properly certified; one 
registration book properly certified. 

Mr. Garfield. Duplicate general register and tally book, and oaths of judges 
properly executed; certificates of registration and election results properly 
signed by the judges. 

(Ballots counted and returns checked and tallied.) 

discovery. 

Mr. Garfield. Duplicate electiiui register and tally book, oath of judges 
properly executed and certificate of registration and election returns, properly 
signed by the judges. 

The Chairman. How many have you got for the head of the ticket there? 
Mr. Garfield. Twenty-eight voted. 


788 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Tlie CriAiKMAN. Oiijjht to be -29 votes; 30 l)allots that I’ve .cjot altogether; 
30 ballots; does that cheek up? 

Mr. Garfield. Thirty voted, yes; 28 for the head of the ticket. There ought 
to he two blanks there. 

The Chairman. Here are two that have been thrown out. 

(Ballots counted and returns checked and tallied.) 


IDITAROD. 

. Mr. Garfield. Duplicate election register and tally book, oath of judges 
properly executed; registration and certiticate of election returns properly 
tilled out. 

The Chairman. How many votes cast altogether? 

Mr. Garfield. Thirty-six for the head of the ticket. 

The Chairman. AVell, I draw the attention of the board to this one, where 
the squares have been just simply- 

Mr. Garfield (interrupting). Kind of scratched, aren’t they? Looks as 
though they have been crossed and then sci'atched. 

The Chairman. Sheldon has been crossed and then scratched; the others 
seem to be just simply scratched in the square, without making of any form; 
just as though a person had taken their pencil- 

IMr. Garfield. Is that cross there- 

The Chairman. Looks as though it had been crossed and scratched. Wick- 
ersham. 

Mr. Garfield. The judges counted that, did they? 

The Chairman. The judges evidently counted that. There is a distinguishing 
mark; that is the only thing. It’s an absolutely distinguishing mark. 

(Ballot counted by board pending decision re distinguishing marks from the 
attorney general.) 

BLUFF. 

]\Ir. Davidson. One registration book, properly certified. 

l\Ir, Garfield. Duplicate general election register and tally book, oaths of 
judges properly executed; certificate of registration and election results, signed, 
properly signed by the judges. 

The Chairman. One vote is a blank for the head of the ticket. 

(Mr. Cramer hands chairman telegram, which is read) : 


Gov. Riggs, Jnneaii: 


Ketchikan, Alaska, Fehruary 13, 1919. 


Hyder precinct No. 10 established by me September 3, 1918. 

Mahoney, Commissioner. 


(Ballots counted and returns checked and tallied.) 


candle. 

IMr. Davidson. One registration book, properly certified. 

Mr. Garfield. One duplicate election register and tally book, with oaths of 
judges properly executed; certificate of registration and-results of election 
properly signed by the judges. 

The Chairman. There is one here that might be doubtful—marked In the 
column for party designation. The word “ Republican ” is crossed after the 
name of Wickersham. 

Mr. Davidson. That would be the same as though it was marked here or here. 

The Chairman. That is one of the things we have put up, but we have been 
counting them. For safety’s sake, I think we better check them. 

(Retally made resulting in one more vote for Wickersham.) 


KOTZEBUE. 

Mr. Garfield. Registration book certified by the judges; duplicate election 
register and tally book, properly certified and oaths of judges properly executed; 
certificates of registration register and results of election properly signed by 
the judges. What’s this : 

“ One ballot is marked for five representatives. Did not count for representa¬ 
tives ; the rest of the ballot is counted.” 

(Ballots counted and returns checked and tallied.) 





WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 789 


DEERING. 

Mr. Davidson. One registration book, properly certified—16 votes. 

Mr. Garfield. Duplicate general election register and tally book, oaths of 
judges properly executed ; certificate of register election results properly signed 
by the judges. [Reads:] 

“ One of the 10 ballots was thrown out and not counted, being improperly 
marked.” 

The Chairman. I think it ought to be counted for Frawlev and Boggun. It’s 
only improperly marked for Delegate. 

IMr. Davidson. I think so, too. 

(One more vote given to Frawley and Boggun each.) 

UTICA. 

IMr. Davidson. One registration book, properly certified. 

IMr. Garfield. One duplicate general election register and tally book, with 
oaths of judges, properly executed; registration certificate and certificate of 
results signed by the judges. 

(Ballots counted and returns checked and tallied.) 

COUNCIL. 

Mr. Davidson. One registration book, properly certified. 

Mr. Garfield. Duplicate election register and tally book, with oaths of judges, 
properly executed; registration certificate and certificate of general results 
signed by the judges. 

chinik. 

Mr. Davidson. One certificate of selection of judges of election when original 
appointees fail to appear and qualify, appointing Joseph Fagerstrom. 

The Chairaian. Original registration i)Ook signed, but the duplicate- 

IMr. Garfield (interrupting). Duplicate registration and tally book, with 
oaths of judges, properly executed; registration certificate not signed; cer¬ 
tificate of results of election signed by the judges. 

The Chairman. I don’t see why, when the registration book is signed, why 
we don’t count them, because where we have that evidence-- 

IMr. Garfield. The only thing is we passed it up. 

The Chairman. Did we passed it up? 

Mr. Garfield. Oh, yes. 

The Chairman. That was only when we had the one book. 

!^Ir. Garffield. Oh, no; we passed it up to him (the attorney general) on 
the one proposition, to go over that at one time. 

(Canvass deferred pending receipt of opinion from the attorney general.) 

ST. MICHAEL. 

IMr. Davidson. One registration book, properly certified. No; it isn’t; yes; 
It is, too. 

Mr. Garfield. Duplicate election register and tally book, oaths of judges 
'executed, certificate of registration and results of election signed by the 
judges. 

The Chairman. Here is one ballot that has been not voted for same reason 
as the other; but there are 54 other ballots, so they must have given him a new 
one for it. Three ballots that were signed by the judges of election, the voter 
being incapable of making it himself; all three for Sulzer. 

(Ballots counted and returns checked and tallied.) 

HAYCOCK. 

Air. Davidson. One registration book, properly certified. 

Mr. Garfield. Duplicate register and tally book; oaths of judges properly 
executed; registration and certificate of register and results of election signed 
by the judges. 

(Ballots counted and returns checked and tallied.) 




790 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


KANTISHNA. 

Mr. Davidson. One eertilicate of selection of judges of election when original 
appointees fail to appear and qualify. 

^Ir. Garfield. Duplicate election register and tally book; oaths of judges 
properly executed; certificates of registration and election signed by the 
judges. 

(Adjournment taken until 10 p. in., Feb. 14, 1919.) 

Friday, February 14, 1919. 

The board met at 10 a. m., pursuant to adjournment. 

The Chairman. Here is a communication, signed by John B. Marshall and 
John Rustgard, dated at Juneau, Alaska, February 14, 1919: 

To the Territorial Canvassing Board, Juneau, Alaska. 

Gentlemen : Upon investigation we find that the House of Representatives 
of the United States has ruled, in conformity with many courts, that ballots 
which have been voted without detaching the numbered coupon, are void and 
should not be counted. 

This ruling is based upon the obvious reason that unless such coupon numbers 
are detached before the ballot is put in the box, the election judges may 
readily ascertain how each elector voted. In fact, anyone may now take the 
register and from that determine who each elector voted for. 

Under the circumstances we respectfully request, on behalf of Hon. James 
Wickersham, that the precincts in which -the ballots voted still have the num¬ 
bered couixms attached, be rejected and not allowed in the final count. 

The records before the board will show that there are, in the first division, 
six precincts in which the ballots are void for the reason above stated, and in 
the third division there are two such precincts. The precincts referred to are 
the following: 

In the first division : Hadley, Kake, Loring, Tenakee, Tokeen, and Windham. 
In the third division: Chisana and Ninilchik. 

It also appears from the records before your board that in the Kuskulana 
voting precinct, in the third division, two separate polling places were estab¬ 
lished in one and the same pecinct, thus alfording opportunity for a resident 
of that precinct to vote at two different polling places. This seems to be 
clearly in violation, both of the letter and the spirit of the statute covering 
the subject, and we therefore respectfully request that Kitskulana No. 1 and 
Kuskulana No. 2 be eliminated from the final tally and the vote not considered. 

Respectfully submitted. 

John Rustgard. 

John B. Marshall. 

That’s a matter I tbink we’ll refer to the attorney general. 

Mr. Davidson. I suggest that he be given a copy. 

Mr. Marshall. So far as the certificates of election are concerned, of course, 
in the event that the tally should eventually be made in the absence of re¬ 
turns, we would like, then, to examine the certificates. 

Mr. Garfield. We’re not going to canvass the votes on them at all. 

Mr. Marshall. I don’t know but what you may eventually want to canvass 
the returns from those certificates, the propriety of which I shall not question 
at this time. 

The Chairman. I notice in both of your communications j^ou state that you 
are representing Judge Wickersham. You have filed nothing to show that you 
are representing Judge Wickersham, and I shall be very much obliged to 
you to do it, for the simple reason that Judge AVickersham, in his testimony 
before the House, disclaimed that Mr. Rustgard was representing him here two 
years ago; in fact, claimed that he was only an acquaintance, and so, to avoid 
any possibility of any conflict, if you have anything to show that you are rep¬ 
resenting Judge Wickersham I would be very much obliged if you would 
submit it. 

Mr. Marshall. I have two letters. AYhile in both of them there are some 
Other matters to some extent, there is one at least which I see no reason why 
it shouldn’t be filed. That would be sulficient; would it not? 

The Chairman. It depends on what the letter is, of course. 


WICKEPvSHAM VS. SULZER, DECEASED, AND GRIGSBY. 791 


Mr. ^Marshall, Then, I’ll say that any notice to ns from the canvassing 
board of any subsequent meeting at which there will be votes tallied, will be 
entirely satisfactory to ns. 

(Record made of all precincts from which no returns were received, and 
precincts checked with certificates of election boards and orders of commis¬ 
sioners establishing them. Telegrams were sent to those commissioners from 
whom no order of establishment of precincts in their recording district had 
been received.) 

(Adjournment taken, subject to call of chairman.) 

Wednesday, Fedruaky 19, 1919. 

The board met pursuant to adjournment at 10 a. m. 

Judge Winn. I have here, if you please, iMr. Chairman and other members 
of the board, a protest to tile, one with respect to the—I won’t read it all— 
against counting the vote at Fairbanks for the reasons set forth in the protest; 
and also a protest against counting the vote cast in the Betliel precinct for the 
grounds set forth in the protest; and also a protest against counting the vote 
cast in the ITialakleet precinct. I will state to you that these were gotten up 
by Mr. tlellenthal’s office, and I agreed with him, but we both slept late and 
didn’t have a chance to go over them and correct them. If there is any little 
mistake to correct we’d like to have the privilege of doing so. They were run 
off late Saturday night and we were very late in getting up this morning. Also 
a protest against the board canvassing the vote cast at Seldovia ; a protest 
against the board counting the precinct of Louden; and also a protest against 
considering the vote cast in Iditarod. The ground is set forth. I don’t care 
to read them. They are here for your consideration, if you desire to read them. 
It would take a lot of time to read them, and, so far as I am concerned, I have 
no argument to make on it. I don’t know whether Mr. Hellenthal wants to 
make an argument oi* not. He said he’d be down soon. 

The Chairman. Is it the opinion of tho board that we should read all these 
communications? 

Mr. Davidson. Why, I’d just as soon have them read. 

(The chairman reads:) 

Juneau, Alaska, Fehruarij 17, 

J'o the Hon. Thomas R. Riggs, Charles E. Davidson, and Charles Carfield, 

sitting as a canvassing hoard to canvass the returns of the general election 

held within Alaska on the 5th dag of November, 1918. 

Gentlemen : Charles A. Sulzer, candidate for Delegate to Congress from 
Alaska on the Democratic ticket at the election held in the Territory of Alaska 
on the 5th day of November, 1918, the vote cast at said election, which your 
honorable board is now engaged in canvassing, respectfully protest against your 
board considering or canvassing the vote cast at the i)recinct of Fairbanks on 
the following grounds: 

First. That in the conducting of election held in the precinct of Fairbanks 
the judges of election, in violation of the statutes, permitted more than 50 
voters who had not resided within said election precinct for 30 days previous 
to the date of election to vote; that a great number of said 50 voters did not 
reside in P''airbanks at all, but were temporarily present there only on the day 
of election. 

Second. That the election held in said precinct is void for the reason that 
said election was not called for said precinct or the notice of said election was 
not given and the officers in said election were not appointed as provided by 
section 395 of the (’ompiled Laws of Alaska ; that the common council of the 
said town of Fairbanks, which comprises said election precinct, did not appoint 
the officers of said election until one week before said election was held, and 
did not post the required notices of said election until one week before said 
election was held, and did not publish the required notice of said election in a 
new.spaper of general circulation in said town and precinct until one week be¬ 
fore said election was held. 

Respectfully submitted. 

J. A. Hellenthal, 

Jno. R. Winn, 

Attorneys for Charles .4. Rulzer. 


792 


WK’KEESHAM YS. SULZER, DE('EASED, AND GRIGSBY. 


Juneau, Alaska, February 17, 1918. 

To ilie Hon. Thomas R. Riyys, Charles F. Davidson, and Charles. Garfield^ 

sittiny as a canvassiny hoard to canvass the returns of the yeneral election 

held U'ithin Alaska on the 5th day of November, 1918. 

Gentlemen ; Charles A. Siilzer, caiulidate for Delegate to Congress from 
Alaska on the Deiiiocratie ticket at the election held in the Territory of Alaska 
on the oth day of November, 1918, tlie vote cast at said election which your 
honorable l)oard is now engaged in canvassing, respectfully protest against your 
Ijoard considering or canvassing the vote cast at the precinct of Bethel on the 
following grounds: 

First. That the majority of the votes cast at said precinct and counted by 
the judges of election ami included in the returns now before your honorable 
board were (*ast by unnaturalized alien enemies and by Alaska Indians, or 
descendants of the aboriginal race of inhal)itants of Alaska, all of said In¬ 
dians being unable to read or write the English language and not being citi¬ 
zens f>f the Unit(‘d States, none of said Indians having severed their tribal rela¬ 
tions or adopted the customs of civilized society, and are largely under the 
authority and control of their tril)e and are governed by a chief. 

Second. That there was fraud committed in the matter of the holding of 
said election in this: That said Alaska Indians who were permitted to vote 
can not speak or read the English language, and the ballots returned to your 
board to be canvassed do not show any of the judges of election assisted these 
untutored Indians in the preparation of their ballots. 

Respectfully submitted. 

J. A. Hellenthal, 

Jno. R. Winn, 

Attorneys for Charles A. Suiter. 

(Same date and heading.) 

Gentlemen : Charles A. Sulzer. candidate for Delegate to Congress from 
Alaska on the Democratic ticket at the election held in the Territory of 
Alaska on the bth day of November, 1018, the vote cast at said election which 
your honorable board is now engaged in canvassing, respectfully protest against 
your board considering or canvassing the vote cast at the precinct of Una- 
lakleet, on the following grounds: 

First. That in this precinct at the date of election there were not more 
than seven qualified voters in this precinct, and the election returns show 
that there wei'e more votes cast at said election in this precinct. 

Second. That all but seven of the votes so cast were cast by Eskimos or 
Alaska natives; that none of said Eskimos or Alaska natives are citizens of 
the United States or qualified voters at said election; that said Eskimos or 
Alaska natives can not read or write the English language, or any other 
language, and can not speak any language but the Eskimo or native language; 
that they have no conception of who they were voting for or the purposes of 
an election; that they live in tribal relations and under the direction and 
control of a chief; that they have not severed their tribal relations or adopted 
the customs of civilized society. 

Third. That in view of the fact that all but seven of said voters were unable 
to read the names api)earing ui)on the ballots, it i-s evident that gross election 
fraud was committed in the holding of said election in this precinct, as very 
few of any of the ballots returned show that any of the judges of election as¬ 
sisted said Eskimos or Alaska natives in the preparation of their said ballots. 

Respectfully submitted. 

J. A. Hellenthal, 

Jno. R. Winn, 

Attorneys for Charles A. 8lulzcr. 

(Same date and heading as first.) 

Gentlemen : Charles A. Sulzer, candidate for Delegate to Congress from 
Alaska on the Democratic ticket at the election held in the Territory of 
Alaska on the oth day of November, 1918, the vote cast at said election which 
your honorable board is now engaged in canvassing, respectfully protest against 
your board considering or canvassing the vote cast at the precinct of Sehlovia 
on the following grounds: 

First. That at said election in this precinct there were more than 18 Alaska 
Indians or Alaska natives, descendants and members of the aboriginal tribes 
that inhabited Alaska; that these voters have not severed their tribal relations. 


WICKEKSHAM VS- SULZER, DECEASED, AND GRIGSBY. 793 


but live in tribal relations under the direction and control and domination 
of a chief as members of the Kenai Indian Tribe; that they do not speak, read, 
or write the English language and are not citizens of the Enittd States or 
entitled to vote at said election; that nearly all of these Indian voters gave 
their sworn testimony in a recent contest between Sulzer and AVickersbam lie- 
fore the House of Uei)resentatives of the United States Congress, in wbicli they 
stated under oath that they could not read or write the English language and 
that they were members of the Kenai Indian Ti’ibe, 

Second. That it is evident from the returns of said election now l)efore you 
that there was gross election fraud committed in the election held in this pre¬ 
cinct, because, notwithstanding that these Alaska natives who could not read or 
write the English language, it does not appear that any of the judges of 
election assisted them or any of them in the preparation of their ballots. 

Itespi'ctfully submitted. 

J. A. Hellentiial, 

Jno. K. Winn, 

Attorneys for Chartcs A. Sulzer. 

(Same heading and date as first.) 

(Jenteejiien : Charles A. Sulzer, candidate for Delegate to Congress from 
Alaska on the Democratic* ticket at the electi(>n held ip the Territory of Alaska 
on the oth day of November, 1918, the vote cast at said election, wbicb your 
honorable board is now engaged in canvassing, respectfully protest against your 
board considering or canvassing tbe vote cast at the precinct of Iditarod on the 
following grounds: 

First. That in tbe conducting of election held in tbe precinct of Iditarod, 
tbe judges of election, in violation of the statutes, permitted more than 20 voters 
who had not resided within said election precinct for 80 days previous to tbe 
date of election to vote, that a great number of said 20 voters did not reside 
in tbe Iditarod precinct at all, but were temporarily present there only on tbe 
da.v of election. 

Second. That the election held in said precinct is void for the reason that 
said election was not called for said precinct or tbe notice of said election was 
not given and the officers in said election were not appointed as provided by 
section 395 of the Compiles Laws of Alaska. That the common council of the 
said town of Iditarod, which comprises said election precinct, did not appoint 
Ibe officers of said election until one week before said election was held and 
did not post the re(iuired notices of said election until one week before said 
election was held and did not publish the required notice of said election in a 
newspaper of general circulation in said town and precinct until one w^^ek b*-- 
fore said election was held. 

Respectfully submitted. 

J. A. Hellentiial, 

Jno. K. Winn, 

Attorneys for Charles A. t^ulzer. 


(Same date and heading as first letter.) 

Centi.emen ; Comes now CJiarles A. Sulzer and protests against tbe counting 
bv vour honorable board of the votes from the precinct of Loudon on the ground 
that it appears on the face of the returns that the judges of election wholly 
failed to keep an election register as reiiuired by the laws of Alaska, or other¬ 
wises or at all, and wholly failed to keep any record of the person by whom the 
votes cast in the precinct, if any were cast, were actually cast. 

Respectfully submitted. 

J. A. Hellentiial, 

Jno. R. Winn, 

Attorneys for Charles A. Sulzer. 


(Mr. Marshall submits protest.) 

.Tuneau, Alaska, February 19, 1919. 

To the Territorial Canvassiny Board, Juneau, Alaska. 

Gentlemen ; Your attention is called to the fact that section 396 of the 
Compiled Laws of Alaska provides, with respect to elections for Delegate to 
Congress from Alaska, that “at least 30 days before the date of said first 
election, and at least 60 days before the date of each subsequent ” the commis¬ 
sioner in each of said election districts shall “ issue an order and notice, signed 
by him and entered in his records in a book to be kept by him for that purpose,” 

etc. 


794 WICKERSHAM YS. SULZER, DECEASED, AND GRIGSBY. 


It appears from the order on tile in your otliee that the ooiiiinissioiier at 
Fortymile did not issue the order above provided until the 1st day of October, 
1918,' or 85 days l)efore the date set for the election. 

theref(U’e, on behalf of Hon. Janies A\ ickershani, challenjie the \ote c<ist 
at the voting; precincts within said Fortymile commissioners precinct, namelj. 
Chicken, INIoose Creek, and Franklin election jirecincts, and protest the canvass 


of the same. 

Kespectfully submitted. 


John Kustgakd. 
John B. ^NIaksh^ll. 


(Chairman reads opinion of Attorney General.) 

February 18, 1919. 

Hon. Thovlas Riggs, Jr„ 

Gorernor and Chainnan of Canvafi.sinfj Board, Juneau, Alanka. 

Sir: I have your letter of February 10, 1919, re(iuestin.R: my opinion as to 
certain questions which have arisen before the canvassing board now engaged 
in canvassing the vote cast at the general election held November 5, 1918. 
Among the questions submitted are the following: 

1. Whether or not the powers of the lioard consist merely of the compila¬ 
tion of the returns found on the certificates of the various voting precincts, 
or whether the lioard is empowered to scrutinize every ballot and to decide as 
to its validity, taking such action thereon as it may consider just and fair. 

2. Whether or not, in cases wherein ballots have been marked with crosses 
on the right side of the name of the candidate instead of in the square on the 
left side, provided for that purpose, it is within the jiower of the canvassing 
board to reverse the decision of the judges of election in accepting or rejecting 
such ballots. 

3. If it is within the power of the canvassing board to reverse the decision 
of the judges of election in cases such as mentioned in the preceding question, 
should such ballots be counted or rejected. 

4. What is the power and duty of the canvassing board generally with rela¬ 
tion to sustaining or rejecting ballots not marked in the regular manner, b.ut 
which indicate by marks outside of the proper square for whom the voters 
intended to vote. 

The powers and duties of the canvassing board, so far as defined, are set 
forth in section 403 of the Compiled Laws of Alaska (act of May 7, 190G), 
as follows: 

“ Sec. 403. The governor, the surveyor general, and the collector of customs 
for Alaska shall constitute a canvassing board for the Territory of Alaska to 
canvass and compile in writing the vote specified in the certificates of election 
returned to the governor from the several election precincts as aforesaid.” 

Succinctly stated, the question presented is. Are the powers and duties of 
the canvassing board, as defined in section 403, purely ministerial, or are they 
broad and judicial? 

If ministerial only, then the board should first satisfy itself of the genuine¬ 
ness and authenticity of the returns and that all certificates held indispensable 
by the law are present, and compare all the ballots cast, the poll lists and tally 
sheets, with the certificate of result in order to correct errors of computation, 
if any, and then confine itself to adding up the totals from the various election 
precincts, issuing certificates of election accordingly. 

If the powers of the board are broad and judicial, then their duty is to make 
an entire recount of the vote of all precincts, correcting all errors of election 
officers. 

There are decisions which support either view, but unfortunately none of 
them construe statutes similar to ours and our statute defines the duties of 
the canvassing board in very general terms, consequently the question pre¬ 
sented is very difficult of solution and in advising the board of the proper 
course to pursue, I freely concede that there is room for a difference of 
opinion. 

The answer to the (piestions propounded to me depends upon the proper con¬ 
struction of section 403, Gompiled Laws of Alaska, or rather upon the proper 
construction of the words ” canvass and compile in writing the vote specified 
in the certificates of election.” The word ” canvass ” has been variously de¬ 
fined where the same is used in connection with defining the duties of elwtion 
officers, its meaning varying according to the terms of the various statutes. It 
is used alike where the canvassers have liroad judicial powers and the power 


WICKERSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 795 


of final dotoriiiiiiatioii of tho result of an election and where their powers are 
pniel^ niinisternil and consist solely in addinjr iip the totals as shown in the 
^ariolls certificates of election and ascertaininjj and declaring; the result. No 
li.eht can be thr(»wn upon the meaninf^ of the word “ canvass,” as used in our 
statute, from these decisions. 

Section 114, volume 9, Ruling: Case Law, states the following-: 

Ihe hoard of official canvassers to whom the hoards of election of the sev- 
ei al di^isions return their certificates showing' the numher of votes cast for 
each candidate is liable to err in overestimating; its powers. Whenever it is 
suggested that illegal votes have been received, or that there were other fraud¬ 
ulent practices at the election, it is ai)t to imagine that it is its duty to iiKiuire 
into these alleged frauds and to decide on the legality of the votes. Its duty, 
however, is almost wholly ministerial—to take the returns as made from the 
different voting precincts, add them up, and declare the re.sult. (Questions of 
illegal voting and fraudulent practices are passed on by another tribunal. The 
canvassers are to he satisfied of the genuineness of the returns; that is, that 
the papers presented to them are not forged and spurious; that they are re¬ 
turns, and are signed by the proper officers; hut when so satisfied they may 
not reject any returns because of informalities in them or because of illegal 
and fraudulent practices in the election. The simple purpose and duty of the 
canvassing hoard is to ascertain and declare the apparent result of the voting. 
All other questions are to l)e tried before the court or other tribunal for con¬ 
testing elections or in quo warranto proceedings.” 

The language above quoted is from the opinion of .Tustice Brewer in the case 
of Lewis r. Marshall County (22 Am. Rep., 275). ]Many cases are cited to 
support the above, and many others may he found. 

” The election laws place the respon.sihility of determining the result of each 
election precinct upon the election officers and leave to the canvassing hoard 
only the duty of ascertaining the result from the returns made by such officers.” 
(State ex rel. Harvey A'. Alason, 9 I.. R. A. (N. S.) 112R, citing McCrary on 
Elections, 4th ed., secs. 263-265.) 

Tfiie powers of the judges of election are defined in section 397 and section 402 
of the Compiled Laws of Alaska. They are necessarily endowed with judicial 
powers, ami among these powers is the i)ower of deciding upon the legality or 
illegality of a given ballot. After counting the ballots, as provided by section 
402, “ they shall thereupon, under their hands and seals, make out in duplicate 
a certificate of the result of said election, specifying the number of votes, in 
words and figures, cast for each candidate, and they shall then immediately 
carefully and securely seal up in one envelope one of said duplicate certificates 
and one of the registers of voters, all the ballots cast, and all affidavits made, 
and mail such envelo])e, with said papers inclosed, at the nearest post office by 
registered mail, if possible, duly iiddressed to the governor of Alaska at his 
place of residence, with the postage prepaid thereon.” 

If we api)ly the strictest construction to section 402 it will he noted that this 
certificate is required to specify the numher of votes, in words and figures, cast 
for each candidate. Nothing else is required to he contained in this certificate. 
It need not contain any other date. All that is required is that the judges shall 
make a certificate of the result of the election, stating the numher of votes cast 
f(u* each candidate. No statement of the rejected ballots, spoiled ballots, or 
other data pertaining to the proceedings of the election is necessarily required 
to he contained in this certificate, which is to he certified l)y the judges and 
.sent to the canvassing hoard. 

The canvassing hoard, by section 463, is to canvass the vote .specified in the 
certificate of election. They are required by the language of the statute to 
canvass no other votes. The rejected ballots not being reipiired to he men¬ 
tioned in the certificates of election, it follows from a strict construction of the 
language of the two sections that the canvassing hoard is not required to do any¬ 
thing with respect to the rejected ballots. This view is borne out further by 
the fact that .section 403 further provides: 

“ In case it shall appear to said l)oard that no election returns as herein¬ 
before prescribed has been received * * * the said hoard may accept in 
place thereof the certified copy of the certificate of election of such precinct 
received from the clerk of the court and may canvass and complete the same 
with the other election returns.” 

The words “ canvass and compile ” are again used in this section and with 
relation only to a certified copy of the ceidificate of election, which is unaccom¬ 
panied by any other document. 


796 WICKERSHAM VS. SULZER^ DECREASED, AND GRIGSBY.- 


Tlio sections of the net of May 7, 190(5, (lehiiiiif>: the duties of the canvassing 
board are very indehnite and uncertain. It is almost iinpo.ssihle to determine 
witli any degree of certainty from the language of these sections what was in¬ 
tended. It is c(‘rtain, however, that the judges of election in the various pre¬ 
cincts are endowed with judicial powers, both as to determining the right of 
persons to vote and as to the counting of the votes after they have been cast. 
It does not appear allirmatively from any i)art of the act that the canvassing 
board is likewise endowed with judicial powers, unless such powers are to be 
held to be included within the meaning of the word “ canvass.” On the con¬ 
trary, judging from the language of the act alone, the powers of the canvas.sing 
hoard seem to be purely ministerial. Their duties are, or seem to be, limited bj’ 
the language of the act to canvass and conii)ile the vote specified in the cer- 
titicates of election. The general rule is that the duties of canvassing boards 
are i)urely ministerial, although no cases can he found which construe statutes 
as indelinite ami ambiguous as the one in (piestion. It must be remembered 
that the act of ]May 7, 1900, was drawn long prior to the passage of the otticial 
ballot act and the duties of the canvassing Itoard defined therein applied to an 
election to fill but oneothce, and the form of ballot required to be used to vote for 
that office was very sini[)le. It would have been an easy matter to have clearly 
and .explicitly defined the duties of the canvassing officers in canvassing the 
returns from such an election so that there would l)e no doubt as to what \vas 
intended. Yet. notwithstanding all this, the powers of the canvassing board 
with relation to their right to rever.se the decision of judges of election are not 
defined. The act was either drawn very carelessly or with the view that it 
should admit of whatever construction might suit the occasion. It is very in¬ 
complete in other respects. There is no direction as to how long the board 
should remain in session, nor as to what their duty is with respect to missing 
returns or those not arriving in due cour.se, nor what action they should take 
with regard to correcting or peiunitting the corrections of returns where the 
deficiences are capable of correction. All these absent provisions are common 
to modern election laws. 

Now, it .seems that the judges of election in certain precincts have refused 
to count certain ballots wherein the voters attempted to vote by placing the 
cross on the right side of the name of the candidate, instead of in the square 
provided for that purpo!^e to the left of the name. If it be the law that the 
canvassing board is empowered to reverse the decision of the judges of elec¬ 
tion in such a case, then it would follow that they are empowered to reverse 
the decision of the judges of election in all similar ca es, and also it would 
follow that if the canvassing board has the power to count a vote which the 
judges have wrongfully rejected, they must necessarily have the power to re¬ 
ject a vote which the judges have counted. It would be absurd to ^ay that 
the canvassing board can count votes rejected by the judges of election and 
can not reject votes counted by the judges of election. The question whether 
or not a vote can be counted where the cross is i)laced out ide of the square 
provided for that purjMKse is a legal question upon which many judicial au¬ 
thorities can be found and which are by no means in accord. If the can¬ 
vassing board has any judicial powers and duties with relation to such mat¬ 
ters, it is their duty to take consideration of all such cases; in other words, 
to make an entire recount of the whole vote casf at the election in all of the 
precinct". I am of the opinion that this was not intended by the act. A re¬ 
count is not ordinarily the duty of canvassing boards. It is (»ne which would 
impose a great and unusual burden upon the board. The duties ordinarily 
pertaining to canvassing boards should occupy but a few days, but if it is to 
be held that it is the duty of the canvassing board to examine each ballot cast 
at the election to see whether or not it has been rightfully counted or rightfully 
rejected, then the performance of their duties, accompanied as it is by the 
labor of deciding many legal problems, would necessarily involve many weeks. 
In this connection, it must l)e remembered that when the election law in ques¬ 
tion was passed the canva'-sing board was without legal counsel or means of 
employing the same. These considerations mitigate against the view that the 
canvassing board is to be considered as having judicial power. Yet. if the can¬ 
vassing board is empowered to rever: e the judgment of the judges of election 
in a single instance of the kind mentioned, then it is their duty to examine 
every ballot which accompanies the returns; This, as stated before, is virtually 
making a recount, which I do not believe was contemplated by the statute. 

In the written opinion given by me to the canvassing board, which canvassed 
the election of two years ago, I stated as follows: 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 797 


“ It may be concediHl that the almo t universal rule is that a caiivassiiig 
board can not go behind the returns to look for illegalities or fraud in the 
conduct of the election ; nor should it consider trifling defects in the returns 
or slight omissions of the returning officer. The duties of canva sing hoards 
are purely ministerial. They are to consider only what appears on the face 
of the returns. Even in cases of doubt as to the legality or illegality of cer¬ 
tain ballotthey are not to go behind the certificate of the judges of elec¬ 
tion.” 

As the case presents itself upon the questions submitted to me by the hoard, 
their powers and duties are either very broad and judicial, involving a vast 
amount of time and labor, or are purely ministerial and consistent with a strict 
construction of the language of the act. I am of the opinion that the canvassing 
board should follow the latter construction ; that they should not review the 
decision of the judges of election with regard to the acceptance or rejection 
of votes or ballots. 

Although the duties of the canvassing othcers are purely ministerial with 
respect to the matters hereinbefore discussed, they have, according to all the 
authorities, certain quasi judicial powers and duties. They should examine all 
the returns, which include the certiticate of the result, the regi^ ter of votes, 
the ballots cast, and all affidavits made, in order to he satisfied of their 
genuineness; they should compare the number of ballots cast with time 
counted, as shown by the certificates, in order to correct errors of computa¬ 
tion, if any ; they should see that all certificates required by law are properly 
filled out; they ; hould reject any returns v/heie certificates are lacking which, 
under the decisions, are held to he indi pensahle, such iis the certificate of the 
result and the certiticate explaining the use of unofficial ballots. 

I am of the opinion that there is nothing in the act or in any of the decisions 
coil!-truing other election laws which lays any further duties upon the can¬ 
vassing hoard than those above mentioned. 

This being my opinion upon the general question as to the powers and duties 
of the canvassing hoard with relation to reviewing the action of judges of 
election, it is unnece sary for me to advise you as to the specific instances of 
the rejection of ballots by the judges, cited by you, or as to the propriety of 
the action of the judges of election in these instance-\ 

Whatever error the judges of election may have committed in the accept¬ 
ance or rejection of ballots can only he corrected by the tribunal having juris¬ 
diction to try election contests. 

Itespectfully i^uhmitted. 

George B. Grigsby, 

Attonicn (jenerah 


The Chairman. In other words, his opinion is that we are merely to note 
all the certificates required by law, see that the additions are properly made, 
that the proper number of ballots are there, etc, 

INIr. Davidson. Wr. Chairman, this is quite a lengthy decision or opinion, and 
I ask that we adjourn for two days and that I he furnished with a copy, s<» 
that I can make a study of this before further action is taken. 

The Chairman. Do you think it is necessry to adjourn for two days? I can 


have a copv furnished you this afternoon, 

INIr. Davidson. Well, I don’t see any particular hurry; we have to get a 
whole lot of stuff from the other divisions that are not here yet and can’t l',e 
here, so I can’t see how it would make any difference. We can’t finish it, 
any\Wy. If we were only going to take up the certificates, why that is a shoil 

matter. ^ « 

Idle Chairman. What is your opinion, Mr. Garheld? 

Mr. Garfield. I’m agreed to that. It will necessitate going over the work. 
The Chairman. It will necessitate going over our work, and where we have 
made changes by counting or rejecting certain ballots, we’ll have to abide by 
the decisions of the judges of election, and those items ■ 

Air r>AviDSON (interrupting). In other words, INIr. Chairman, it means that 
the work we have done is to he thrown away, and we have to do it over again. 

The Chairman. In a great many precincts—not all of them, because the 
majority of the precincts were found to he all right. 

Mr Garfield. We can arrive at those others from our notes. 

The Chairman. We can arrive at the others from our notes very largely. 
I’ve "ot some further communications, hut I think we can excuse the checkers. 
Mrt Davidson. Well. I would like to have time to digest the thing. 



798 V/ICKERSHAM VS. SULZER^ DECEASED^ AXD GRIGSBY. 


The CiiAinMAN. I think that is perfectly proper, 

(Tlie chairinaii reads the followinjj: opinions of the Attorney General, all 
of the same date as the first, and similarly headed:) 

Siu: I have yoiir communication of Fehrnary 10, 1919, suhmittinjj to me the 
question of whether or not a ballot was properly rejected because the voter, 
while otherwise qualified, had not been in the precinct in which lie attempted 
to vote for -a period of 30 days immediately precedinj; the election A copy 
of the challeiifje oath taken by the voter accompanies your communication, and 
is as follows: 

“I do solemnly swear (atfirm) that I am 21 years of age and a citizen of 
the United States; that I am an actual and bona fide resident of Alaska, and 
have been such resident during the entire year immediately preceding this elec¬ 
tion, and have been a resident of this voting precinct for 30 days next preceding 
this election, and that I have not voted at this election ; that the place from 
which I came immediately prior to living in this precinct was Dawson, Yukon 
Territory, and that I resided in said Dawson for four years, six months. 
So help me God.” 

The form of oath taken by the voter in this case was in the identical language 
required by the provisions of section 401 of the Compiled Laws of Alaska, and 
was duly signed and swore to. Section 401, Compiled Laws of Alaska, further 
provides that when the voter has made the required affidavit, he shall be 
allowed to vote. The judges of election were in error in rejecting the vote. 
However, it seems the vote was not permitted to l)e cast and the canvassing 
board is powerless to correct the error. 

Kespectfully subnutted. 

George B. Grigsby, Attorney General. 

Sir : You have submitted to me the following questions which have arisen 
in the canvass of the vote cast at the last general election: 

1. Should a vote be counted where a pencil line has been drawn through one 
or more names, leaving the proper number of names to be voted for blank? 
For instance, in voting for Territorial Senator, where there are four candi¬ 
dates, and a vote can be cast for only one, the names of three candidates have 
a pencil line drawn through them, 

2. Where ballots are similarly prepared, but the cross appears opposite the 
unscratched name. 

In accordance with an opinion rendered by me to your board of even date 
herewith, I have to advise you that the action of the judges of election in the 
various election precincts in the acceptance or rejection of irregularly marked 
ballots is a matter over which your board has no appellate jurisdiction. What¬ 
ever errors may have been committed by the election judges in this respect can 
only be corrected by the tribunal having jurisdiction to try an election contest. 

Respectfully submitted. 

George B. Grigsby, Attorney General. 

Sir : I have your letter of February 11, 1919, in which you request my opinion 
on the subject of the qualifications of voters at general elections in Alaska, 
particularly with reference to whether or not 30 days’ residence in the precinct 
in which the voter offers to vote is necessary, and calling my attention to the 
conflict between the Federal and Territorial statutes. 

Section 394 of the Compiled Laws of Alaska (act of May 7, 190G) fixes the 
qualifications of voters for the office of Delegate from Alaska as follows: 

” Sec. 394. All male citizens of the United States, 21 years of age and over, 
who are actual and bona fide residents of Alaska, and who have been such 
residents continuously during the entire year immediately preceding the elec¬ 
tion, and who have been such residents continuously for 30 days next preceding 
the election in the precinct in which they vote, shall be (lualified to vote for 
the election of a Delegate from Alaska,” 

Section 17 of the organic act of Alaska (act of August 24, 1912) entitled, 
‘‘An act to create a legislative assembly in the Territory of Alaska, to confer 
legislative power thereon, and for other purposes,” is as folows: 

” Sec. 17. That after the year 1912 the election of Delegate from the Terri¬ 
tory of Alaska provided by ‘An act providing for the election of a Delegate to 
the House of Representatives from the Territory of Alaska,’ approved ^lay 7, 
19<)(), shall be held on the Tuesday next after the first ^Monday in November, in 
the year 1914, and every second year thereafter on the said Tuesday next after 
the first Monday in November, and all of the provisions; of the aforesaid act 


WTCKEPvSHAM VS. SULZER, DECEASED^ AND GRIGSBY. 


799 


shall continue to he in full force and effect, and shall apply to the said election 
in every respect as is now provided for the election to he held in the month of 
August therein.” 

This section of the organic act (which is the constitution of Alaska) 
continued in force all of the provisions of the act of Tday 7, I DOG, above 
referred to, including the provision fixing the (lualifications of electors for the 
office of Delegate from Alaska. 

The qualifications of electors for members of the legislature are fixed by 
section 5 of the organic act, as follows: 

“ That the qualifications of electors, the regulations governing the creat¬ 
ing of voting precincts, the appointment and qualifications of election officers, 
etc., shall be the same as those prescribed in the act of Congress, entitled 
‘An act providing for the election of a Delegate to the House of Representatives 
from the Territory of 'Alaska ’ approved IMay 7, lOOG.” 

Thus it will be seen that the qualifications of electors at general elections 
in Alaska are fixed by our organic act. 

The T^egislature of Alaska of 1915, in chapter 25, of the Session Laws of 
Alaska, 1015, attempted to change the qualifications of voters with respect 
to the residence retpiired. 

Section 22 of said chapter 'provides, in effect, that any person of the age 
of 21 years, or more, who is a citizen of the United States, who has lived 
in the Territory of Alaska one year and in the judicial division in which he 
or she offers to cast his or her vote 80 days immediately preceding such election, 
shall be entitled to vote at all elections held therein. 

I have to advise you that the legislature in attempting to change the quali¬ 
fications of voters l)y this act exceeded its powers, the <iualifications having 
been fixed by the act of Hay 7, 190G, and continued in full force and effect 
by the organic act or constitution of Alaska. The organic act expressly au¬ 
thorized the legislature to extend the elective franchise to women, but in 
no other way authorized the changing of the qualifications of electors by the 
legislature. 

Respectfully submitted. 

George R. Grigsby, 

Attorney General. 

Sir : I have your letter of February 14, 1919, requesting my opinion as 
to the legality of certain ballots cast at the recent election, and counted 
b.v the election judges, from which the numbered coupon has not been de¬ 
tached. 

What I have said in a communication of even date herewith with refer¬ 
ence to the powers and duties of the canvassing board with relation to 
reversing the decision of the judges of election in accepting or rejecting 
ballots, more or le.ss irregularly marked, applies with equal force to their 
action in counting the ballots on which the numbered coupon remains attached. 
For the reasons set out in said communication, I would advise the canvass¬ 
ing board that it is not their power and duty to disturb the finding of the 
judges of election. 

In addition to this, I will state that the election law passed by the 
legislature of 1915 makes no provision for the rejecting of ballots on ac¬ 
count of distinguishing marks. Section 3 of chapter 25, Session Laws of 
Alaska, 1915, provides: 

“ Sec. 3. The ballots shall lie headed: ‘Official ballot’ of the judicial division 
in which it is i.ssued. and at the top thereof, aliove a perforated line, shall be 
duplicate stubs bearing con.secutive numbers; one of said stubs to be retained 
by the election judges upon presenting the ballot to tbe voter; the other stub 
to be torn from the ballot by tbe election judges and compared and retained 
upon the return of the voter from the voting booth * * * ” 

Section 17 provides that when a voter enters the polling place he shall be 
given an official ballot by one of the election judges with which he shall retire 
to the booth or screen and there mark the same for the candidates of his 
choice. 

Section 24 provides a penalty to be imposed upon any person or officer who 
has assumed the duties of any officer under the provisions of the act, who 
shall willfully and corruptly neglect and refuse to perform any duty or do 
anything required of him by the act. 

There is no provision anywhere in the act declaring the consequences to the 
voter or his vote of the failure of an election judge to perform the duty 


800 WICKEIISHAM VS. SULZER, I)E(JEASEI), AND GRIGSBY. 


required hy law in detacliiii.u' the iiiiiiibered coiipon.s from the ballot, in the 
absence of such a provision and of any provision relatinj; to distinguishiii}^ 
marks, there are no authorities which hold that ballots cast under such cir¬ 
cumstances are void. On the coiitrary, the authorities hold otherwise. (Eyiiip v. 
Buckner, 41 Ihic., 782; James B. iNIcCraiie v. County of Nez l^erce, 112 Bac., 
812; Farnham v. Boland, 0(5 l‘ac., 200.) 

In the latter case the court said: 

“ Those ha.llots were pi'operly counted which the oflicers of election placed 
in the ballot box without tirst tearing therefrom the numbers attached. It 
is quite apparent that these violations of the law arose from the cai’elessness 
of the election officers. Such carelessness or malconduct upon the part of those 
officers may render them liidjle to severe penalties, but that is all. The law 
as to identifying marks refers to marks made by the voter, and it is only 
marks made by him that demand the rejection of the ballot. After citing 
many f-ases to the p(>int, this court said in Beople ex rel. Lee v. Brewett, 124 
Cal., 13; 06 Bac., G21: ‘ The principle underlying these decisions is that the 
rights of the voters should not be prejudiced by the errors or wrongful acts 
of the officers of election, unless it shall appear that a fair election and an 
honest count were thereby prevented.’ ” 

In Freshour v. Howard, 77 Bac., 1101, the court held: 

“ The failure or neglect through ignorance or carelessness on the part of 
the precinct election officers, to remove the number of the ballot, did not 
have the effect to make the ballot illegal on the ground of a distinguishing mark 
placed thereon by the voter.” 

See also in re Groton, 118 N. Y. Sup., 417. 

It does not appear anywhere in the election law of 1915 that it is required 
that the voter is handed a ballot by the election officer with a number on the 
stub corresponding to the number set opposite the name of the voter in the 
election register. It can not, therefore, be presumed that the retention of 
the stub on the ballot afforded any means of identiffcation. 

Respectfully submitted, 

* George B. Grigsby, Attorney General. 

Sir : I have your communication of February 10, 1919, submitting to me the 
following questions which have arisen in the canvass of the vote cast at the 
last general election: 

1. Where the jurat of a judge of election has not been accomplished but 
where the certificates have been properly tilled out and signed, should the votes 
be counted? 

2. Where the jurat has not been properly signed—in other words, where the 
judges of election evidentl.v intended to swear in each other, but the affiant 
failed to fix his signature, should the votes be counted? 

These questions were presented to me by the board of canvassers of the 
general election of 191G and are answered by me in an opinion of February 19, 
1917, as follows: 

“ The failure of election judges to execute oaths is an immaterial irregularity 
in the conduct of the election which does not affect the result, the courts 
unanimously holding that notwithstanding the failure of these officers to take 
oath and otherwise qualify, nevertheless if they perform the functions of judges, 
their acts are legal as the acts of de facto officers.” 

Citing Whipley r. JMcKune, 12 Cal., 3G2; Sprague r. Norway, 31 Cal., 173; 
Sanders r. Tracks, 142 Wo., 255; Hefron r. Mahoney, 9 INIont., 497; Stimson v. 
Sweeney, 17 Nev., 309; I’eople v. Cook, 59 Am. Dec., 451. 

I therefore advise you that the irregularities above referred to are imma¬ 
terial. 

Re.spectfully submitted. 

George B. Grigsby, 

Attorney General. 

The Chairman. The one opinion is the ruling opinion. 

Mr. Garfield. That is the basic opinion. 

The Chairman. The basic opinion. The attorney general handed this to me 
last night, and he said there was one question which he didn’t answer, because 
he didn’t have enough information [reads note] : “ Write letter about precinct 
in which there is no register of voters and election register.” What precinct 
is that? 

Mr. Garfield. I don’t recall now. 

l\Ir. Hellenthal. I think it is Louden, Governor. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 801 


l.OUDEN-KEOPENED SECOND TIME. 

1 he Chair:man. Kejjistration hook sisiiecl by the voters; the reftistration book 
is sijtned by the judges of election. In the election rejtister the names are not 
indicated- 

Mr. Garfield (interrnptinjt). Duplicate election rejtister. 

The Chairman. In the duplicate election rejtister and tally book the names 
of the voters do not appeal*. 

Mr. Garfield. Nor no indication that they voted. 

The Chairman. The certificate at the foot of the election register is not filled 
in in any way at all. 

Mr. Garfield. Filled in or sighed. 

The Chairman. Filled in or signed. The tally seems to be correctly made, 
in accordance with the official ballots submitted. The certificate of the judges 
of election to election returns is properly signed. There are nine names in the 
registration book and nine official ballots cast, with the returns. Judge Hellen- 
thal and Judge Winn, do you wish to examine these books as attornevs for 
Mr. Sulzer? 

Mr. Hellenthal. I think I went over them one time. They kept-a registra¬ 
tion book, showing who the voters were that had a right to vote, but they did 
not keep any election register of who the persons were that actually did "vote. 
The record shows who had a right to vote, but it doesn’t show that the persons 
who had the right to vote did vote. They might have been others who had no 
right. 

The Chairman. I have got some telegrams here [reads] 

Nome, February 15, 1919. 

lIiGGS, Goveruor, Juneau: 

Election supplies were furnished Bethel, Bluff, Port Clarence, Taylor, Wade 
Hampton Nos. 1 and 2 precincts. Returns received from Bluff, Taylor, Port 
Clarence, and Solomon. No precincts established at Pilgrim River or Shelton. 

McGann, Clerk. 

Nome, Alaska, February 15, 1919. 

Riggs, Juneau: 

Certified copy order and notice of election for Cape Nome, Solomon, and Bluff 
voting precincts mailed your office August 30. You coukl not have received 
Cape Nome precinct without other two as all in one document. Advise. 

O’Neill. 

Fairbanks, Alaska, February 15, 1919. 

Riggs, Governor, Juneau: 

Only one voting i)recinct Kantishna recording precinct; no voting precinct 
Chena, Bonnifield, Tolstoi. Candle, Akiak, Mounth of Crooked. Only 49 voting 
precincts this division November election. 

Clark, Clerk. 

The Chairman. We have 49 returns. 

Mr. Davidson. I thought that would just about clear it up. 

The Chairman. The only one he doesn’t mention in here is Anvik. He says 
49 voting precincts, and we have 49 returns. 

Mr. Davidson. How would it be to wire in direct and ask him about Anvik? 

The Chairman (picking up telegram). From Lang: 

Valdez, Alaska, February 15, 1919. 

Riggs, Governor, Junean: 

On .Tune 11, 1918, all commissioners this division notified regarding division 
of recording districts into voting precincts for November, 1918, election. Re¬ 
ceived answers from all, including Aleutian Islands, one precinct Chispa 
(Chisana), one precinct Ilianma, one precinct Bristol Bay, two precincts Chog- 
giung and Nushagak. No voting precincts in this division by name Allen and 
Gilpatrick. 

Lang, Clerk. 

1.51279—20-51 



802 WICKERSHAM VS. SULZER^ DECEASED, AND GRIGSBY. 


Another one from Clark: 

Fatkhanks, Alaska, Fehruary /.>, lUt9. 

lliOGS, (Jorcrnor: 

Iteeeived direct word from Kantislma, commissioner at Nenana, to-day, that 
notices electi<tn properly i)osted. 

Clark, Clerk. 

Tlie Chairman, Now, Mr. Donohoe says that the only precinct in the Aleutian 
Islands was Unalaska. 

(Adjournment taken until 10 a. m.. Friday, February 21.) 


Friday, February 21, 1010. 
The hoard met, pursuant to adjournment, at 10 a. in. 

The Chairman. Here is a telegram from Clark, in amplification of the request 
as to what the voting precincts were. He says: 

Fairbanks, FcJn'uanj 20, 1919. 

Riggs, Gorcnior, Juneau: 

Never heard of voting precinct Anvik. No returns ever received from there. 

Clark, Clerk. 


Is there anything to submit to the hoard? 

Mr. (Jareield. Why, why not discuss that opinion further in relation as to 
whether or not you would take it up before or after we decide upon further 
action. 

The CHAimiAN. I think that's one of the things that should he taken up 
right away before we go into the matter of returns any further, 

Mr. Garfield (after looking through opinion of Attorney General). I move 
you,that we accept the opinion of the Attorney General as submitted to us upon 
the 18th instant as our guide in making the canvass of the election returns and 
that we proceed with the recanvass and tally of the returns in accordance with 
the advice set forth in the opinion ; and in addition I would suggest that we 
prepare, that we set aside our present tally sheets and prepare new sheets, 
making a new return throughout, or a new recanvass throughout. 

Mr. Davidson (reads) : 

“ I made the request to the board at our last meeting for two day’s time in 
order to go into ^Ir. Grigsby’s opinion and check it up with other opinions 
given by him and others. I have not had the time to look up any law on the 
subject, but have expended considerable time in going through the proceedings 
of the canvassing board of 1917 and also through .Tudge Jennings’s decision on 
the case that arose upon the doings of that board. I find that Mr. Grigsby 
does not agree with Judge Jennings. Neither does he agree with his own 
opinion as given to us in 1917 on the same matters as were submitted to him 
by the present canvas.sing board. 

“ Mr. Grigsby, in his present opinion, states that he does not know from the 
wording of the act just what powers this board has, and says: 

‘ I freely concede that there is room for a difference of opinion,’ 

“He also says that the matter hinges upon The word ‘canvass’—what it 
meaiLs—and confes.ses that none of the decisions throw any light upon it. ‘ No 
light can be thrown on the word “canvass’’ as used in our statute from these 
decisions.’ 

“ Therefore I take it that i\Ir. (trig.sby is simply groping in the dark and wrote 
his present opinion the way he feels to-day, and as a result appears not to be of 
the same mind on the same (piestions that were presented to him in 1917. Proof 
of this I will give you latei-. 

“ He says that it is certain that the judges of election in the various precincts 
are endowed with judicial powers both as to determine the right of persons to 
vote and as to counting the votes after they have been cast, but holds that the 
canvassing board has no judicial power whatever. One reason given is this: 

“ ‘ In this connection it must be remembered that when the election law in 
ipiestion was passed the canvassing board was without legal counsel or the power 
to employ the sam(\ These' considei-atioiis mitigate against the view that the 
canvassing board is to be considered as having judicial powers. 

“ The attorney general seriously argues above that because this canvassing 
board at the time of its creation had no power or means of employing an 
attorney it had therefore no judicial powers. At least this is one of his argu- 


803 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


ments, it is a difficult one to understand. By tlie same reasoning election 
boards, wliicn also have no power or means of employing legal counsel, should 
also he without judicial powers. But Mr. Grigsby specifically states that they 
lave such powers. It must be confessed that if they have, such powers must be 
based upon some other ground than the one just referred to 

“ He also states that— 

• cither drawn very carelessly or with the view that it should 

admit of whatever construction might suit the occasion.’ 

^ It seems to me that Mr. Grigsby has used this difficulty which he states to 
exist in the act and is willing to use it and put any construction upon the act 
which seems to answer his purpose best at the time he is writing any particular 
opinion. 

I will now refer you to a section of the decision of Judge Jennings in the 
canvassing board case of two years ago, in which the judge says: 

I he things reipiireil to be sent to the governor, and which, according to the 
statute, constitute the return, are (1) the certificate of the election board as to 
the result of said election; (2) one of the registers of votes; (3) all the ballots 
cast; (4) affidavits (of challenged voters). 

The canvassing hoard is to canvass and compile that return—not simply a 
part of that return. For the canvassing board to confine ifself to a considera¬ 
tion of only a part of that return would not lie to canvass that return. When 
the statute directed the duplicate register and all ballots to be sent to the 
governor, in addition to the certificate of the judges, it must have had an object 
in so doing. If the canvassing boai’d is to take the certificate as the be-all and 
end-all of the returns—if the canvassing board is a mere adding machine to 
totalize the votes as certified by the election board—why the reciuirement that 
the registration book and the ballots be sent to the board? Why not simply 
provide that the certificate of the judges be sent? The very object and purpose 
of requiring the register of votes and all ballots to be sent along with the cer¬ 
tificate and making them a part of the return must have been so that they may 
all come under the eye of the canvassing board, the one acting as a check upon 
the other, and that from the return as a whole the canvassing board shall add 
the figures of votes cast in any given precinct to the other returns likewise 
canvassed. 

“ ‘ Let us suppost the board to canvass only a part of the return. It might 
well happen that in the part not canvassed something appears which absolutely 
nullifies the effect of that part which is canvassed, or renders the whole return 
so uncertain and indefinite that it can not be intelligently canvassed at all. For 
instance, the register of votes is as much a part of the return as the certificate 
of the election board and so also are the ballots. Now, suppose that that part 
of the return which is called the register of votes should show that in a given 
precinct only. ’ ”- 

Mr. Garfield. Charlie, just a minute. You read “ Register of voters,” and it 
is written ” Register of votes.” Now, there’s a difference between the two. 
The register of voters is that register wherein they sign and the register of 
votes is that register which is made by the election board. 

iMr. Davidson. Well, it’s a part of the- 

Mr. Garfield (interrupting). Two different documents. You are reading it 
“ Register of voters.” 

Mr. Davidson. Just what it says in this decision—votes—because I’ve got 
a document that I want you to examine later on. 

Mr. Garfield. I just offered that for your attention. 

The Chairman. May I ask one or two questions here, General? 

IMr. Davidson. Yes. 

The Chairman. The data you are giving here are Mr. Grigsby’s oral opin¬ 
ions? 

Mr. Davidson. Just as he give them to us. Here’s the minutes, and I want to 
submit this to you. Here’s the minutes as written up last year and there’s the 
proceedings, and you’ll notice that is the very first thing we did. Here is 
where we commenced and there is the first thing that came up. 

The Chairman. IMay I ask if Mr. Grigsby did not subsequently give a written 
opinion ? 

Mr. Davidson. Yes; oh, yes; he gave lots of opinions, and you’ll find that 
none of them agree. 

The Chairman. Isn’t it true that he said he would like to look up the law 
a little more? 




804 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


Mr. Davidson. On this? 

The Chairman. Yes. 

Mr. Davidson. No; it is not. 

Tlie Chairman. I’m asking yon for information. I’m asking your view on 
the subject. I have never seen this before. I never had a chance to go 
through it. Except I’ve heard it incidentally. 

Mr. Davidson. Well, there is the record [resumes reading] : 

“ ‘ One hundred and tifty votes were cast and that the number of ballots re¬ 
turned was 250, and that the certificate of the election hoard showed that one 
of the candidates received 13G votes and the other candidate 04 votes in that 
precinct, it would he very evident that the certificate and the registration book 
and the ballots could not all speak the truth. The canvassing board surely 
would have to reject that entire return, for each part thereof would be utterly 
antagonistic to every other part thereof, and all can not stand ; and the can¬ 
vassing board could not go behind the return to find out which part of the 
return was true and which was false. If, however, the return taken altogether 
speaks intelligently, the canvassing board must hear what it says.’ 

“ It is true that Mr. Grigsby has attempted to agree with .Judge .Jennings’s 
opinion, but I do not think that he has succeeded. I will leave that to you for 
your own judgment. 

“I now wish to refer you to page 2 of the minutes of the meetings of the can¬ 
vassing board, .Tanuary to March, 1917, which is the official record, and which, 
as secretary of the Territory, I am the official custodian. The part I wish to 
call to your attention reads as follows: 

“ ‘ Governor. Mr. Grigsby, the question which is confronting us is the matter 
of ballots rejected by the election board of precinct No. 1, Douglas, because 
they are marked on the right side of the ballot instead of on the left, as 
specified. 

“ ‘ It is apparent from the face of the ballot that the votes should be counted; 
that is, where the intention of the voter is apparent, as in this first ballot. 

“ ‘ Mr. Grigsby. You are entitled to count the vote. 

“ ‘ Governor. Your opinion to the board, then, is that this board should count 
these ballots, notwithstanding they are marked on the right-hand side instead of 
the left, the intention of the voter being apparent? 

“ ‘ Mr. Grigsby. That is my opinion, and I so advised the board to count the 
ballots. 

“ ‘ Governor. I direct your attention to the last ballot of Douglas precinct 
No. 1. 

“ ‘ Mr. Grigsby. As far as any candidate is concerned, it does not matter; but 
as for the wet vote, it might be counted. 

“ ‘ Governor. We have sent for the Territorial counsel, because of the six 
votes in precinct No. 1, Douglas, not being counted, for the reason, evidently, 
although not stated in the sli]i, that they were marked on the wrong side. 
They were marked on the right-hand side instead of the left; hence are the only 
S])oiled ballots not counted in precinct No. 1, Douglas. 

“‘In precinct No. 2, Douglas, we find this: “Spoiled ballots not cast or 
counted. There are three. Evidently the number was torn off in the first 
instance by the election officer, but they failed to tear off the other number 
after the voter had voted. 

“ ‘ ]\Ir. Grigsby. In other words, the judge spoiled the vote, if anyone did. 
There is a perforated number, and under the law the judge, as he hands out 
the ballot to the voter, tears off the number. The voter then marks his ballot 
and it is the duty of the board to tear off the second number. If they were not 
cast they would not'be in the returns; they could not be in the returns if they 
were not cast. 

“‘Governor. Do you mean they were never in the ballot box? 

“ ‘ Mr. Grigsby. I do not see how they would send anything up here that they 
did not find in the ballot box, that was not cast. Can you tell who cast them? 
I would advise you to ascertain from the judges whether these votes were put 
in the ballot box, if not they should not be sent here, if voted they should he 
counted. 

“ ‘ Governor. This is No. 6614. 

“ ‘ Mr. Pugh. Here is a statement from the election board. The statement 
says “ They were not cast or counted,” therefore, we have to accept the state¬ 
ment of the board, that they were not cast or. counted. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 805 


Governor. I want to ask the Territorial counsel this question: Precinct 
No. 1, Douglas, a certain count with six ballots rejected, apparently l)ecause 
they were marked on tlie right side instead of the left. Is it the province, or 
does it come within the province of this hoard, to count these ballots, and in¬ 
clude in the v'otes of precinct No. 1, Douglas, or omit them as though they 
nev’er existed? In other words, is it the duty of the hoard to include these 
ballots in the count? 

Mr. Grigsby. I do not want to lie understood as stating that it is the duty 
of the l)oard to examine the ballots from ev’ery precinct to see whether or not 
they are irregular, but where it is called to the attention of the board from 
the face of the ballots, that votes are not counted which should he, then it is 
their duty to count them. 

Governor. M e will apply this rule all the way through with respect to 
these ballots.’ 

“ I hav’e with me the original document which contains the above, and also 
the decision of Judge Jennings, which I have quoted from, and I ask the other 
members of the canvassing hoard to examine the same and satisfy themselves 
that the citations given ahov’e are correct. 

“ In view’ of the fact that we have already gone to the trouble and expended 
the time in examining all of these returns, going over all these ballots, segre¬ 
gating and tallying them under the belief that w’e had a perfect right to do so, 

I want to state that I heliev’ed at the time that w’e had a right to go over them, 
and I am now firmly of the opinion that we had a perfect right to do what W'e 
did do; and I object to throwing away all the w’ork done and making a new 
canvass, and I shall vote to disregard Mr. Grigsby’s present opinion in the par¬ 
ticulars referred to abov’e and follow’ his opinion as given two years ago, w’hich 
happened to agree with my own personal view’s. I might mention that question 
2, as propounded to Mr. Grigsby by this hoard, reads as follows: 

“ ‘2. AVhether or not in cases wherein ballots hav’e been marked with crosses 
on the right side of the name of the candidate instead of in the square on the 
left side provided for that purpose, it is within the power of the canvassing 
board to reverse the decision of the judges of election in accepting or rejecting 
such ballots.’ 

“ One of the questions propounded to him two years ago was an identical 
one w’ith this question 2 submitted to him by the present board. He held 
at that time that we must count all ballots marked with crosses on the right 
side as well as those which folowed the law’ and were marked on the left side, 
and that we had a perfect right to reverse the election judge’s decisions in 
the.se matters. In the present opinion, INIr. Grigsby holds exactly the opposite, 
and that the hoard has no pow’er to go into the ballots and count them, or 
put in or throw out any ballot after they had been acted upon by the judges 
of election.” 

Mr. Garftei.d. After going into this question as to the powers and duties of 
the canvassing board, it becomes clear to my mind that this board is con¬ 
stituted for the puiqio.se of canvassing the returns from the several precincts 
in the Territory. It is necessary that this board should exist as a body 
because elections are held in the v’arious parts of the Territory, and the 
returns.are sent in, or should lie sent in, to one central board for the purpose 
of canv’assing and compiling the results of the election. From the opinion 
rendered by the attorney general, it is patent to my mind that the duties 
of this hoard are ministerial rather than judicial. They might have a quasi¬ 
judicial capacity, but generally siieaking, it is my opinion that they can’t go 
outside of the certified returns of the local election hoards. 

The Chairman. After reading Gen. Grigsby’s opinion, I am very much 
inclined that way myself. If we had not intended to follow the opinion of 
the attorney general, there was no reason for putting them up to him. We 
have called upon the attorney general for certain advice on the subject, and 
w’hen W’e w’rote the letters w’hich w’ere dictated in the open meeting of the 
board there was no objection raised. 

Mr. Davidson. Mr. Chairman, I never—if you w’ill look back through the 
record you’ll see that I have ahvays, at all times, said that I didn’t care for 
Mr. Grigsby’s opinion, because T had experience w’ith them before. 

The Chairman. Well, so far as the hoard is concerned, I can not see how’ it 
can go back on the opinion of the legal adviser of the Territory. The board 
has asked him for an opinion and it seems to me, as long as w’e asked him for an 
opinion, it is the duty of the board to stay w’ithin that oiiinion, and unless 


806 wickp:rsham vs. sulzer, decreased, and grtgsby. 


tliert* is some other (iiiestioii that comes iip in that connection, I will second 
Mr. Gartield’s motion. 

Mr. Davidson. Of course I realized all the time tliat there was no use of my 
making any sliowinji, hut I want this for the record. A realized that no 
matter what I said on that question, or how much I hroujiht here, I realized 
that the attorney jieneral’s opinion was j;oinj*- to he taken, hut I want this for 
the record to show exactly the conditions; to show that ^Ir. Gri^shy the last 
time, that he absolutely had the hoard count—and we counted under his super¬ 
vision—he had us count those ballots, and we di<l count those ballots—the very 
same thinjrs that are here to-day, and that he knew that he had siven that 
opinion all the time, and if it was ^ood enoujih for the last hoard to go and 
count through the whole thing, why is it .not good enough for this? Why 
should a man give an oi)inion one way one year and tell them they could do 
this and the next year another? 

The Chairman. Well, I’m not so sure that his o]nnion last year should be 
considered as contradictory. He quotes from his opionin of last year in this. 

Mr. Davidson. M’ell, IMr. Chairman- 

Mr. Garfield (interrupting). Well, there is another element, too, in the 
matter, and that is that his opinions last year were rendered without probably 
looking up the laws on the question and before the decision of the judge was 
rendered. 

Mr. Davidson. Well, the decision of the judge surely holds that you shaiit go 
into all of them. 

The Chairman. I can not see anything inconsistent with the decision of the 
judge and the decision of the attorney general. 

IMr. Davidson. Well, of course, I have known that there is no use of my 
saying anything, hut I felt I must have my say, and that I want to have my 
record show that, and I’m i)erfectly willing to f(dlow the majority of the board 
and do whatever the board decides. The quicker we get at it the better. 

The Chairman. You and I are not lawyers; we're engineers, and when we 
want advice on the law, we go to the lawyer; if we want advice on a medical 
subject, we go to a doctor. If a doctor or a lawyer tried to give us advice on 
engineering subjects, we’d laugh at him. 

Mr. Davidson. Yes; but after you have been on three canvassing boards, 
you’ll be pretty well up on election laws. 

The Chairman. M'ell, I’m perfectly well aware that nobody loves the can¬ 
vassing board. 

Mr. Gaufield. Well, I’m not; I’m neither a lawyer nor an engineer; and I’m 
trying to look at this from a point of common sense;.and if a majority of the 
people of the Territory elect an ollicer for the purpose of advising us on mat¬ 
ters which we havn’t any time or opportunity to look up, and if the advice 
seems reasonable to the ordinary citizen, acting for the best interests of the 
Territory, why, why not take it? 

Mr. Davidson. Mr. Gartield, does it look reasonable to you that we should 
do one thing last year under his advice and this year do another? If that is 
reasonable, well. I’ll put in with you. 

iMr. Garfield. Well, lawyers are like women—they change their opinions. 

The Chairman. I’m not sure that there is anything inconsistent with his 
advice two years ago. I don’t know about his oraljidvice. 

Mr. Davidson. Well, Mr. Chairman, I’m just pointing that out. That is for 
you to determine whether there is or not. 

Mr. Garfield. The whole question seems to hinge, to my mind, upon the 
point as to whether the duties of the hoard are judicial or ministerial. 

The Chairman. Absolutely. 

Mr. Garfield. Now, Mr. Grigsby, in his opinion which he has rendered, has 
stated that it is, to a certain extent, an open question, hut he believes that the 
\veight of the authorities are on the side of ministerial. 

IMr. Davidson. I don’t believe that he said that; I don’t believe he said that 
the weight of the authority- 

IMr. Garfield (interrupting). Well, he used words to that effect. I might 
not have correctly quoted him, but I’ll read you just what he says [reads from 
opinion of Attorney Generali: “I freely concecle that there is room for dif¬ 
ference of opinion.” I didn’t state exactly what he said. 

Mr. Davidson. Well, that, I quoted that in mine. 

IMr. Garfield. Well, that is what I had reference to. I think there’s a very 
valuable hint in the proposition outlined here. It does not devolve upon the 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 807 


^**^‘^^**^ spend 51 j;re5it desil of time in this work. They're all ex- 
oflieio olficers in this duty, and I don’t think it conteinphites that they should 
jri\e 5is nuich tihie as it would he necessary to give to consider this imitter 
judicially. 

Mr. Davidson. W ell, INIr. Chairnuin, the canvassing hosu'd never luis gone 
into the ballots 51s we hiive at this time. They Imve alwiiys simply taken the 
ballots tlmt Imve been thrown out by the election judges sind decided on them 
5ind has not gone into the nuiiii body of the ballot. Tlmt was my ideii of the 
proper way to go through-these, sind only simidy t 5 dve those hsilliits that they 
lai(l out to one side 5ind Imve iicted upon ; tlmt they Imve refused to count. 

The Chairman. The Attorney General very aptly, I think, points out the 
fact that if the canvnssing hoard is empowered to go into rejected ballots, it 
is empowered to go into 51II hsillots. 

Mr. Davidson. Sure they are; hut that don’t say that they have to go into 
them. I’m willing to tid-ce the judges of election all the time on the hidlots 
they have counted. I’m sdways willing to do tlu-it. 

The Chairman. As the matter now stands. Judge AVickersham 1ms, by the 
action of the hosird, in counting various ballots, gained three votes over and 
above those of Air. Sulzer. The l)o<ard 1ms three votes tlmt were intended to 
be votes for Air. Sulzer that were discarded. That would imdve tlmt question 
a tie. At Fairbanks and Nenana, the rejected votes are evenly divided. 

Air. Davidson. Air. Clmirnmn, how do we know? 

The Chairman. Because we examined them and we nmde note of them in the 
minutes. 

Air. Davidson. I didn’t know that we examined F5iirl)anks. 

The Chairman. Yes; we examined Fairbanks and made quite extensive 
notes in the minutes; and so there is, so f5ir 51s the question of advantage be¬ 
tween Judge Wickersham 5ind Air. Sulzer is concerned, the way things stand, 
there is none. 

Air. Davidson. Well, Air. Chairman, I want you to understand that so far as 
I’m concerned, I don’t care whether there is 5iny advantage for one or the 
other. That hasn’t entered into it with me at all, I don’t know how they 
stand. As I told you in the first place, tlmt you’ll find, in g(»ing through the 
canvass, that those votes as a rule hiilance in the end. There won’t lie very 
much difference, because they make as many errors practically on one side as 
the other, so there’ll he practically no difference. 

The Chairman. I was simply pointing that out. General, to show that it 
made no difference one side or the other, so far as the cimvassing hoard has 
gone, how those votes were counted and would have been counted under the 
system we first started, and that it is perfectly permissilfie and reasonable to 
expect that the repi-esentatives of either side would see that, and that we can, 
so far as any personal feeling is concerned on either side, we can continue the 
canvass along the lines set down by Gen. Grigsby, and, in consequence, I second 
Air. Garfield’s motion, and it is so ordered. 

Air. Davidson, I want my motion, or my vote to be shown in the record as 
against going over and doing this work all over again, after having done it 
once. 

The Chairman. In other words, it is your wish to put the motion that the 
opinion of the Attorney General he disregarded? 

Air. Davidson. Yes, yes; I have stated that why. 

The Chairman. Well, now. Air. Garfield’s motion contemplated the making 
out of new canvass tally sheets. I think that the checkers might he excused 
and prepare those new sheets. 

Air. Davidson. They’ll have to be excused some time to prepare those sheets, 
some little job. 

Air. Russell. AVhen do you M’ant candidates to present any clmllenge they 
have for a recount of any precinct? 

The Chairman. They have been presented already. 

Air. Russell. Well, will you accept before .vou reach your decision, will you 
accept a challenge? 

The Chairman. AVe’ll accept anything that’s presented. 

Air. Russell. Challenge for certain precincts? 

The Chairman. P'or certain precincts. 

Air. Russell. Will you iiccept a challenge from a party on a complete recount, 
or do you want it from a particular candid5ite? 

The Chairman. You mean a recount? 

Air. Russell. A recount of a cert5iin precinct. 


808 WICKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 


'Pile Chaiiuian. You mean a recount of - 

Mr. Kusset.l. The ballots. ^ 

The CiiAiKMAN (contiiiuiii.s). The returns of the .mdses of election > 

Mr. liussELu. Yes; of certain preciiuds. , , ,, . . . ^ 

The (hiAiHMAN. M’ell, I think that is covered hy tlie opinnm of the Attni ej 
General—that we were to see that the proixn- nnniber are there and that the 
necessary certiticates are there. 

Mr. Russell. What I was setting at—I don’t care to have it in the ininnte.^ , 
Tin Inst askins for information—what I want to tind out is whether the 
or how the hoard wants challenses to he made for a recount of certain precincts. 


Mr. Garfield. In writins. , , , . „ 

Mr. Russell. Now, will the lioard accept that? ’Will the hoanl accept a 
challense for a recount affectins that line? For instance, one Republican candi¬ 
date challenses a certain precinct, say, for instance, precinct No. 1, in Juneau. 
Now, will a recount he made for .just that candidate for office or will it he made 

for the entire ticket? , x i i i -..i- 

The (hiAiKAiAN. Well, from the standpoint of the hoard, I should think it 

would he .just for that one candidate. . ^ t 4 - 

Mr Russell. AVell, what Fin setting at. Governor, is certain precincts, it 
wouldn’t take verv Ions to count them, and perhaps after a couple are counted 
and there is no errors discovered the whole thing may he waived. You see 

what I mean. , , x i i 

Mr. Davidson. Well, Mr. Chairman, .just hold on a minute. As I understand 

it, we re s^^dis to work under ]Mr. Grissh.v’s opinion, and he sajs \Ae ha\e no 
ri.ldit to go into the liallots at all—absolutely we can’t go into them. 


Mr. Garfield. Not exactly that. 

^Ir. Russell. Well, here, for instance, I come in here and challenge pre¬ 
cinct No. 1 for Judge Wickersham and myself, for Delegate and senator, for 
instance. AVell, now, will the hoard recanvass that precinct? You know it 
don’t have to he done hy the hoard, hut will the hoard have that done? I 
don’t mean an.v general challenge here and there, and indiscriminately, hut 
I mean for several precincts. 

Mr. Garfield. AAJiat do you mean hy recounting them. 

Mr. Russell. I mean just take the ballots and recount them, to see whether 
the.v check up with the returns. For instance, you could have the checkers 
do that. The hoard don’t have to do it. 

Air. Davidson. Do you mean—for instance, there’s 5 votes cast—do you mean 
to just count the ballots to see that there is 5 ballots there? 

Mr. Russell. No ; siijipose there’s a precinct challenged and that precinct, 
for instance, was 40 for Sulzer, 15 for Russell, 47 Britt, 13 Russell. I mean 
AA’ickersham and, then, the other Russell. Now, if a joint challenge made, is 
made on that precinct, will this hoard ask their clerks to check that. 

Mr. Davidson, AA'hy, Air. Grigsby has just said we can’t go into these ballots. 
How can we go into them and reject them if we haven’t the power? 

Air. Russell. AA'ell, that’s the thing I’m getting at. 

Air. Garfield. You want it done officially or informally? 

Air. Russei.l. Officially. I don’t want to cumber the record, hut I want tci 
know when the projier time is to present this challenge. 

The (’HAiRArAN. The proper time is any time,M think, and then the hoard 
will take any action on it as advised hy the opinion of the Attorney General. I 
think he mentions that in here somewhere. 

Air. Garfield. Aly recollection is that he mentioned it there that you can 
count the numher of ballots, compare them with the tally to see whether the 
same numher of ballots are there as are tallied. 

Air. Davidson. That is all you can do. A’ou can't recount them. 

Air. Russi:ll. AA'ell, of course, it is always customary, where a precinct is 
challenged, for a recount to he made. 

Air, Garfield, Is that done hy the hoard or hy the court? 

Air. Russell. It’s done hy the board. 

Air. Davidson. Not under this ruling. 

Air. Russell. For instance, Charlie, in the senatorial contest, suppose that the 
vote was close between Air. Britt and myself, and I had reason to believe that 
I was defrauded out of certain votes. I have got to have a recount made hy 
the canvassing hoard or the legislature.^ There is no court in it between us. 

Air. Garfield. You mean, merely as a* check upon whether the votes had been 
properly tallied, as indicated upon the ballots and not to go into the question 
of whether the ballot was properly prepared? 



WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 809 


Mr. Russell. To see whether the count is right or not- 

Mr. Garfield. Whether the compilation and numerical ascertainment- 

^Ir. Russell. No ; whether the election board made notice of the count of 
their ballots. 

IMr. Garfield. Well, that’s what I’m trying to get at. You mean, taking into 
consideration the qualitications of the voter and everything? 

Mr. Russell. No; for instance, in Juneau precinct No. 1, there was about 
300 votes cast. Understand? Now, for instance, I may want to challenge 
that precinct to see whether that count was correct there or not. 

Mr. Garfield. I don’t see why we couldn’t go over the ballots without 
question. 

Mr. Russell. The usual way is to turn it over to the clerks. 

Mr. Davidson. That’s exactly the i)oint that I have been trying to make. 
Mr. Grigsby says that the only fellow that can do it is the proper authority, 
which would be the House of Representatives. 

Mr. Garfield. You mean, consider the i)roi)er qualitications of the ballot, as 
to the way it’s marked and everything of that kird. 

Mr. Davidson. He said if we have a right to go into one thing we have got 
the right to go into the other. 

Mr. Garfield. I don’t see it just that way. 

Mr. Davidson. I don’t think you’ll like that opinion when you get to working 
under it. 

Mr. Russell. For instance, down in the Oregon election, various State 
otficials are on the canvassing board; the secretary of state is on the canvass¬ 
ing board. They recounted—oh, I forget how many they recounted for one 
candidate. 

Mr. Garfield. Did they pass upon the qualitications of the voter and every¬ 
thing as returned by the election board? 

Mr. Russell. I don’t know; I don’t think that question arose at all. The 
only question was whether the clerks and judges made a fair count. 

The Ghairman. Here is the paragraph I had reference to. [Reads para¬ 
graph of attorney general’s opinion.] 

Mr. Davidson. Well, that’s all right, but you can’t recount them. 

The Chairman (repeating passage from paragraph just read). “In order to 
correct errors of computation, if any.’’ 

Mr. Davidson. Yes; but he’s speaking of the number of ballots. 

(The chairman again reads it.) 

The Chairman. I am under the impression that covers it, but if you think 
it doesn’t, we can put that up to the attorney general. 

Mr. Davidson. I should say, put it up to him, because he says in there that 
if you can go into one thing you can go into all. 

(Whereupon the following letter was dictated to the Attorney General:) 

“Please submit an opinion on the following questions: 

“ 1. Whether the canvassing board should retally the returns of a precinct 
in which it is alleged, in a protest tiled with the board, that an error was made 
in computation. 

“ 2. Whether the canvassing board should change the final count in case 
an error is discovered upon retally.’’ 

Mr. Garfield. I was going to say, in support of the statement I made a while 
ago, that I think this opinion of Mr. .lustice Brewer’s is directly in point. 

Mr. Davidson. Yes; but you can go and pick up a dozen others that say 
exactly the opposite. 

Mr. Garfield. Well, the weight of authority is on that side. 

Mr. Davidson. No ; it isn’t, because you can find just as many on one side 
as on the other. 

Mr. Garfield. I suppo.se it is based on the basic law. 

Mr. Davidson. You start looking in that up and you can come in here to¬ 
morrow with another one that is just as convincing as the other one. 

The Chairman. Well, in regard to these precincts that have been protested 
for some alleged error, I think that the opinion of the Attorney General covers 
those, that we are to canvass and compile the returns. If we could go into 
the question of legality, the work would never be finished. 

]\[r. Davidson. I’m surely with you there. Let’s get through with this thing. 

The Chairman. For instance, we have jirotests here from Mr. Rustgard, 
IVIr. INIarshall, and we have got some from Mr. Winn, Mr. Hellenthal. The 
protest—I know absolutely that Bethel wasn’t established until after Sep* 




810 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


leiiiber 12. There were a niiinher ef voters there who wanted to vote and I 
hronfi'ht it to the attention of the commissioner, not knowing the law on the 
subject. 

:\Ir. Davidson. I say go ahead and count them, because if we start in on 
that we never will he through. 

Mr. Garfield. I don't think it is the intention—I don't think the law-making 
body intended that the canvassing hoard should go into this matter in the way 
in which we did. I was entirely in the dai’k in the matter, and I looked up 
the word “ canvass ” in the dictionary and I found that it meant to carefully 
scrutinize, investigate, etc., and I supposed that we had a right to go into the 
returns, hut T was mistaken ; I’m satistied I was mistaken. 

(Adjournment taken to 10 a. m., Monday morning, February 24, 1919.) 


Monday, Fchriuinj 2-'/, 1019. 

The hoard met at 10 a. m., pursuant to adjournment. 

The Chairman. I’ll read this letter from the attorney general fir.st: 


.Tuneau, Alaska, Fchruary 22, 1910. 

Hon. Thomas Riggs, Jr., 

Governor and Chairman of Canvassing Board, Juneau, Alaska. 


Sir: I have your letter of February 20, 1919, submitting to me for my opinion 
the following (luestions: 

1. Whether the canvassing hoard should retally the returns of a precinct in 
which it is alleged in a protest tiled with the hoard that an error was made in 
computation. 

2. Whether the canvassing hoard should change the tinal count in case an 
error is found upon retally. 

In an opinion rendered the hoard under date of February 18, 1919, I advised 
you as follows: 

“Although the duties of the canvassing officers are purely ministerial with 
respect to the matters hereinbefore discussed, they have, according to all the 
authorities, certain quasi-judicial powers and duties. They should examine 
all the returns, which include the certificate of final result, the register of 
voters, the ballots cast, and all affidavits made, in order to he .satisfied of their 
genuineness; they should compare the number of ballots cast with tho.se 
counted, as shown by the certificates, in order to correct errors of coniinitation, 
if any.” 

The foregoing is an answer to both your questions. Where the certificate 
of result, tally sheets, and ballots are not in accord, all should he examined, 
the truth ascertained, and the error corrected. The matter of whether or not 
a protest is filed with the hoard, however, does not affect the situation or the 
duty of the hoard in the matter. 

Referring to your second question, I advise you that it is the duty of the 
hoard to correct all errors in computation discovered at any time Iiefore their 
final action in i.ssuing certificates of election. 

Respectfully, 


Geo. B. Grig.sby', Attorney General. 


The Chairman. That covers the question of Mr. Russell. 


Returns of the following precincts were canvassed, in accordance with opin¬ 
ions of attorney general, with no change in result of first canvass except where 
noted under the precinct affected: 


First Division. 

BARANOF. 

Mr. Marshall. I would like to have it noted in the record that I protest the 
counting of the votes of Harry Raymond and his wife, Selma Jackson, and 
J. R. O'Neil and his wife, on the ground that they are not residents of that 
precinct and live in Juneau. 


CRAIG, PORT WALTER, HAINES, HYDER, WRANGELL, SCOW BAY, NIZINA, TANAKEE, 
SITKA, CHILKAT VALLEY', AND JUNEAU NO. 2. 

( The hoard decided to reject two liallots counted in former chnvass, one of 
which was for AVickersham and the other for Sulzer,) 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 811 


TREADM’ELL, KAKE, LOEING, MENDENHALL, HADLEY, BEAVER FALLS, JUALPA, KASAAN, • 
DOLOMI, WINDHAM, KETCHIKAN, AND JUNEAU NO. 3. 

Mr. Marshall. In .Juneau No. 3 yon made a ehanjje. The name was struck 
out on a ballot and the judges didn’t count it and you did, giving Wickersham 
an additional one. 

(The board decided not to count the vote.) 

Mr. Marshall. On that I’d like to protest that it should be allowed; that is^ 
giving .Judge Wickersham one more as on the first tally. 

JUNEAU NO. 1 AND CHARCOAL POINT. 

# 

^Ir. Marshall. I’d like to have it noted that I protest the vote of Charles A. 
Sulzer at Charcoal Point. 

SULZER, HOONAH, GOLD AND SALMON, AND SKAGWAY. 

The Chairman. There was a question here of a ballot thrown out by the 
judges of election. 

Mr. Garfield. Was that the Dawson business? 

The Chairman. Yes. The attorney general held that we were to take the 
decision of the judges of election, I think. 

Mr. Davidson, l^es; well, then, that wouldn’t make any change in it. 

The Chairman. AVe can look that up in a second. [Looks up opinion of 
attorney general and reads:] “However, it seems that the vote was cast and 
the canvassing board has no power to reject it.” [To INIr. Marshall:] Do 
you want to protest it? 

Mr. Marshall. Well, I think J do; I think the vote ought to be counted, 
because the judges of election had no such power. When a man swears in his 
vote it should be counted. I don’t know who it is for. 

The ballot still remains sealed, does it, in the envelope with the election 
returns- 

The Chairman. I’^es. 

Mr. Marshall (continuing). The ballot that was rejected. 

CHICHAGOF. 

The Chairman. There was something about Chichagof. There was one vote 
that was scratched—voted by scratching off one name of a candidate. 

Mr. Garfield. Rejected on account of the name being scratched out. 

The Chairman. Oh, yes; that’s on the same basis that .Judge Marshall pro¬ 
tested against the rejection of the vote evidently for Wickersham. 

Mr. Marshall. Y’'es. 

The Chairman. So, on that same basis, that would apply to the counting of 
that vote? 

Mr. Marshall. Yes; I want to make the protest apply to that. 

sheep creek. 

(Adjournment taken until 2 p. m.) 

afternoon session. 

The board met at 2 p. m., pursuant to adjournment. 

perseverance, DOUGLAS NO. 2, DOUGLAS NO. 1, TOKEEN, CHITINA, AND m’CARTHY.. 

(One ballot which had been rejected by the judges of election and counted 
in former canvass was now rejected, making one less for Wickersham.) 

TALKEETNA, STRELNA, MATANUSKA, EYAK, GIRDWOOD, LATOUCHE, copper CENTER,. 

SEWARD, KNIK, AND SELDOVIA. 

The Chairman. Here is one refused to vote after registration. 

(Recanvass results in loss of one for Connolly.) 



812 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


ELLAMAR. 

The Chairman. One thrown out hy the .Indj^es of election hecanse it had two 
votes for senator. 

Mr. Marshall. Tliere was one l)all(.t totally i-ejectial hecanse it voted for two 
for senator. That ballot should he counted, and I have j;ot it here that Wicker- 
sham got it. 

Mr. Davidson. That’s what it shows here—Wickershain got it. 

Mr. Marshall. I’d like to protest the throwing out of that ballot, because 
it is practically tantamount to those cases where there was an error in compu¬ 
tation. They have no right to discard the whole ballot because it voted for two 
for senator; they have no right to discard it for the rest of the ticket. I think 
that that should be clearly allowed. 

Mr. Davidson. That, it seems to me, is under the same riding. We can’t re¬ 
verse the judges of election. 

Mr. Marshall. I don’t believe it’s a discretionary matter. It isn’t in any 
sense s]toiled for the rest of the ticket by reason of the fact that they voted for 
two senators. 

The Chairman. I don’t believe we asked that question. 

Mr. Marshall. Yon didn’t ask that question specifically. I don't believe it; I 
don’t remember. If you’re going to hold strictly that yon can’t rescind the action 
of the judges of election, probably, of course, under that theory, you’d have to 
reject it; but I don’t. 

The Chairman. I think that is covered here [going over opinionsl. 

Mr. Davidson. He says if we can do one thing, if we can reverse them in one 
thing, we can reverse them on all things. 

The Chairman. Yes; we’ll have to let that stand there. 

Mr. Garfield. I’m satisfied. 


anchorage, no. 1, AND ANCHORAGE, NO. 2. 

(Kecanvass results in one less for Wickershain, for Ward, for Murray, for 
Neckleson, one for Kay, one for Small, one for Frame, and one for Wilson.) 

CORDOVA, AFOGNAK, SUSITNA, CHICKALOON, JUMBO, FIDALGO, BIRD CREEK, VALDEZ 
BAY, BONANZA, HOPE, MOOSE PASS, KATALLA, KUSKALANA, KENNECOTT, KUSKA- 
LANA NO. 2, MOOSE CREEK, OUIZINKIE, AND VALDEZ. 

The Chairman. 1 think there’s one that they counted that had two marks on; 
1 mean thrown out one that was erased. Well, we’ll have to follow the judges 
of election on that. 


ILIAMNA, NINILCHIC, KENAI, AND PALMER. 

Mr. Marshall. P'or the sake of the record, I want to protest the rejection of 
that ballot voted for Wickershain, but rejected because it voted for five reiire- 
sentatives. 

SOURDOUGH, CACHE CREEK, AND M’DOUGALL. 

Mr. Garfield. One election register and tally book, oaths of judges properly 
executed; certificate of registration not signed; certificate of judges of election 
to returns properly signed. 

The Chairman. I want to read this telegram from Donohoe: 

Valdez, February 23, .1919. 

Gov. Riggs, Jnneau: 

Bristol Bay vote, Naknek precinct, Sulzer 10, Wickershain nothing; Cog- 
giung (Koggiung), Sulzer 16, Wick 7. No election Nushagak precinct. Pat¬ 
terson plurality over Murray not less than 11, possibly 23 returns not reach 
Juneau until arival Furrayut. Third division legislators, including Patterson, 
on Alameda. Can you arrange issue certificate? 

Donohoe. 

I don’t think we can arrange to issue certificates until we’ve got something 
definite to go on. Now, the question comes up of the legislators of the second 
division, for whom we won’t have all the returns in. What do you think as 
to the best procedure? I think we should figure up to-morrow some time what 
precincts we’ve got in and then wire for the certificate of the clerk of the court 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 813 


and put that before the legislature and give them the benefit of what informa¬ 
tion we have and let them seat them or hold them out. 

Mr, Davidson. Well, that’s my idea, excepting that we take that and give 
those that we have a certificate for from the clerk of the court and issue them a 
certificate so that they can get into tlie House. 

Mr. Garfield. Conditionally, so far as the returns show. 

The Chairman. Give them what information we have. 

INIr. Davidson. Let them get into the House and tight it out there. There 
probably will be no contest. It wouldn’t he right for us to hold out to shut out 
a whole division from having representation if we can possibly help it; and 
the House has absolute charge of their Members and can reverse it, if it 
wants to. 

(Adjournment taken until 10 a. m., February 25, 1919.) 

KODIAK. 

The Chairman. One certificate missing here. 

(Ballots recounted.) 

The Chairman. I’ve got 48 ballots here. How is it voted for the head of 
the ticket? 

]Mr. Garfield. Forty-eight. 

The Chairman. There is one that evidently should be discarded. Now, I 
wonder who that is counted for. 

Mr. Garfield. Probably counted for both of them, gave each one. 

The Chairman. No ; then there’d be 49; there’s no blanks. 

]Mr. Garfield. Well, you see Connolly has only got one vote. You can look 
through and see the others. 

The Chairman. Now, we’ll have to see who that’s voted for. 

Mr, Garfield. It is evidently counted for Wickersham. It wouldn’t be for 
Sulzer. 

The Chairman. How many votes does that certify to as being cast? 

Mr. Davidson. Forty-eight. 

Mr. Garfield. Fortv-eight; yes. And there’s 48 for the head of the ticket. 

The Chairman. I don’t think you can count that possibly. 

]\Ir. Garfield. I think it comes within the purview of manifest error. 

The Chairman. Manifest error, yes. 

:Mr. G ARFiELD. What is the decision? 

The Chairman. There was no direct opinion except that the hoard should 
see that all the votes, all the ballots were properly counted. That’s not prop¬ 
erly counted. You can’t add one for Connolly and one for Wickersham there. 

Mr. Garfieid. It shows the stroke of the pen there. 

Mr. ^Marshall. Could that blot anything else. Governor? 

The Chairman. Yes; blots, hut doesn’t make the same kind of cross and 
it shows the effect of a little cross on Galen, hut it is not the same kind of 
cross as Galen’s cot. 

]Mr. Marshall. He votes a straight Republican ticket otherwise. 

The Chairman. I didn’t notice. 

Mr. Marshall. I think that may have influenced the judges in arriving at 
their determination or conclusion that that was a blot. 

Mr. Davidson. By golly, I believe it’s a blot, too. Wickersham’s looks like 
it might be a blot, lint the other one don’t. 

The Chairman. Well, Wickersham, that is an evident blot down there, be¬ 
cause it comes down there [indicating]. That tallies with Wickersham’s blot. 
That doesn’t mean anything. There is an undoubted cross there for Wicker¬ 
sham. 

You [addressing Garfield] delicate-fingered man, see if you can feel the 
scratch of the pen on that top one [handing ballot in question to :Mr. (4arfield]. 

^Ir. Garfield (after examination). It isn’t as distinguishable as the lower 
one. 

The Chairman. Well, it may possibly he a blot. 

Mr. Garfield. The lower one is easily distinguishable. 

The Chairman. You take it and look through a glass here and I’m inclined to 
think that it is a blot. 

There is an element of doubt in that cross which the judges of election may 
have taken into account. 


814 wic:kershaim vs. sitlzer, deceased, and grigsby. 


Mr. Davidson. They surely wouldn’t have counted it for two unless- 

The OiiAiKMAN (interrupting). Where there is an element of doubt, I think 
we better describe the ballot fully in the record and accept the- 

Mr. Davidson (after examining ballot). By golly, that’s a blot. 

The Chatkman (continuing). And accept the decision of the judges. What 
do you think, Mr. Gartield? 

Mr. Gakkield. That is satisfactory to me. 

Mr. Davidson. That’s a blot. I didn’t think it looked, like a blot at first, but 
it’s smootli. You can’t see any lines of the pen. 

The Chatkman. If you’ll take that and fold it and put it against the glass 
and shift it just a little hit you’ll see that the lines very closely coincide. 

Mr. Davidson. May not have been folded exactly. 

Mr. Garfield (after examining ballot). It’s a blot alright. 

The Chairman. Description of ballot: One ballot, counted by the judges of 
election, with a cross in the square to the left of the names of both Connolly 
and Wickersham. The ballot has been voted for Wickersham. The cross in 
the square opposite the name of (Anmolly may very possibly have lieeii made 
by transfer when the ballot M'as folded from the cross in the square opposite 
the name of Galen. There is an element of doubt in this ballot, but it is the 
opinion of the canvassing hoard, that the cross opposite the name of Connolly 
is a transfer blot. All the crosses are made in ink. 

Mr. Davidson. One election register and tally, with oaths of judges properly 
signed and certified; certificate of registration is missing and the certificate of 
the judges to election returns properly certified. One registration book, prop¬ 
erly certified by the judges. 

ROOSEVELT. 


The Chairman. Certificate not filled in. 

Mr. Garfield. One election register and tally hook, oaths of judges proiierly 
signed and executed; certificate of register not filled in or signed; certificate of 
election returns properly signed by the judges: no registration book. 

(Returns retallied.) 

wassila. 

The Chairman. There was something wrong with that. 

Mr. Garfield. One election register and tally book, oaths of judges signed 
and executed; registration certificate properly filled out and signed. Certificate 
of election returns iiroperly signed by the judges. 

The Chairman. There was one ballot rejected for scratching out the 
names of Connolly and Wickersham. Evidently intended to vote for Sulzer. 
That’s the one rejected. 

]Mr. Garfield. I notice one too, here, with the cross on the right instead of 
the left. 

The Chairman. But that’s the only one rejected. 

^Ir. Garfield. 1>s. 

■ The Chairman. This is similar to the one that Judge ^Marshall protested, 
only in that case it showed the intent of the voter for Wickersham. 


(Returns retallied.) 


CHISANA. 


ESKA. 


The Chairman. There is a question in that, too. One ballot rejected, which 
had the names of Connolly and Wickersham scratched out, leaving an intent of 
the voter for Sulzer, similar to the one protested by Judge Marshall, in favor 
of Wickersham. 

Mr. Marshall. I don’t mean how it is marked, but is there anything to show 
why it was rejected? 

The Chairman. Well, we made a count and found that it had been rejected. 

Mr. Marshall, (fh, you did? 

The Chairman. Yes. 

unalaska. 


The Chairman. Official ballots not received, but certified by the judges of 
election, why they had to use unofficial ones. 

(Returns retallied.) 

UNGA. 

(Returns retallied.) 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 815 


SANAK. 

The Chaiui^ian. Unofficial ballots, with proper cei’tifieate of judges of elec¬ 
tion of facts preventing the use of official ballots. 

(Returns retallied.) 

M ILLOW CKEEK. 

(Returns retallied.) 

GRANITE. 

The Chairman. One man failed to sign the jurat of judges. 

Mr. Garfield, (^ne registration hook, properly certitied liy the judges; one 
election register and tally hook; oaths of judges, properly executed; certificate 
of register and election returns, both properly signed and executed by the 
judges. 

(Returns retallied.) 

CHICNIK. 

The Chairman. Unofficial ballots, with certificate of judges, explaining rea¬ 
son for nonuse of official ballots. 

(Returns tallied.) 

Fourth Division. 


(Returns retallied.) 


WOODCHOPPER AND LONG. 
HOT SPRINGS. 


The Chairman. One ballot was thrown out, voted for both Sulzer and 
Wickershain ; thrown out by the judges of election. 

(Returns retallied.) 

TANANA. RUDY, CLEaRY, (OLDSTREAM. CIRCLE. RA:MPART, DOME, EUREKA, MOOSE 

CREEK, AND TOFTY. 

(Returns retallied.) 

The Chairman. One ballot rejected here on account of the voter signing his 
name on the ballot marked for Sulzer. It wasn’t couuted. 


FORT GIBBON. 

(Returns retallied.) 

The Chairman. Ballot cast by a voter for Wickershain rejected by the 
judges of election, imt counted liy the canvassing board. 

Mr. ^Marshall. Because it was marked on the right-hand side? 

The Chairman. Because it was marked on the right-hand side; yes. 

CHICKEN, FRANKLIN, AND LOWER CLEARY. 

(Returns retallied.) 

The Chairman. In this connection, in the duplicate election and tally book 
shows only 32 names and 34 votes cast. We wired in to the clerk of the court 
and found out that they had left off two names in the election regiser in copying 
from the registration book and they gave us the last five names, so we checked 
up and found that it was correct. 

ANIAK, FLAT. ESTER. KANTISHNA. MILLER HOUSE, FAIRBANKS CREEK, EAGLE, DEAD- 
WOOD, RICHARDSON. SALCHAKET, COLDFOOT. AND FAIRBANKS. 

(Returns retallied.) 

The Chairman. There was a question as to rejected ballots here. For 
instance, there were three votes that we thought were intended for Sulzer 
that the judges of election had thrown out and we were awaiting the decision 
of the Attorney General. There are four votes evidently intended to be votes 
for Sulzer thrown out by the election judges for defects. 

Mr. Garfh:ld. One duplicate election register and tally book, oaths of judges 
properly signed and executed, certificate of registration and returns properly 
signed and executed by the judges. 

The Chairman. We have counted the ballots and find that they checked up, 
agreed with the number. 

LITTLE ELDORADO. 

(Returns retallied.) 

The Chairman. Everything is all proper, except the first oath of judges had 
been signed but not sworn to. I suppose we'll have to tally that to make it 
check. 


816 WICKERSHAM VS. SIJLZER, DECEASED, AND GRIGSBY. 


AFTERNOON SESSION. 

The board met at 2 p. m., pursuant to adjournment. 

LOUDEN. 

(Returns retallied.) 

The Chaik^vean. Here is a case where there is no date on the jurat. 

Mr, Davidson. Certificate of registration is missing. 

The Chairman. And the names of the voters are not in the registration book. 
Mr. Davidson. But they are in the other hook. 

The Chairman. I mean they are in the registration hook, hut not in the 
f'lection register. 


THIRTY-FIVE JMILE, IDITAROD, AND DISCOVERY. 

(Returns retallied.) 

WISEMAN. 

(No ballots.) 

The Chairman. Well, I wonder if they’re in another envelope somewhere. 
We got a wire saying they had been mailed. I believe there’s another en- 
\\eloiie. We got a wire saying they had been sent on such and such a date. 

(Ballots not found.) 

(Certificate of clerk of court checked with returns.) 

'GREENSTONE, FORT Y'UKON, NULATO, AND GILMORE. 

(Returns retallied.) 

The Chairman. Certificate of election register left out. 

GRAEHL AND BROOKS. 

(Returns retallied.) 

The Chairman. There are ballots thrown out here, evidently for being 
marked on the right-hand side; the one at the head of the ticket is for Con¬ 
nolly and two for Wickersham. 

INIr. Garfieia). They give Sulzer 64 and we give him 63; they give Wicker¬ 
sham 58 and we give him 59. 

The Chairman. I think we ought to check just the head of this ticket 
through to see if, in calling out, we have made an error. 

(Recheck made.) 

The Chairman. They have counted this one [showing] for Wickersham; 
didn’t count any of those with the crosses on the right-hand side. Evidently 
the judges of election counted the one for Wickersham wherein the cross 
appeared below the name. 

GEORGETOWN AND M’gRATH. 

(Retallied.) 

The Chairman. Here’s a ballot rejected by the judges of election, in which 
t)ie names of Connolly and AVickersham are scratched out, showing the evident 
intent of the voter to vote for Sulzer. 


(Retallied.) 


betiles and poaver planx. 


SPRUCE. 

(Tallied.) 

Mr. Garfield. One duplicate election register and tally book, oath of judges 
properly signed and executed; certificate of registration not filled out or signed ; 
certificate to election returns properly signed by judges. Votes not tallied. 

IManifest error in the tally on tally book; A. M, Kilgore shown by election 
board as having received three votes, whereas retally of votes by canvassing 
board shows four. 

OPHIR AND HENANA. 

(Tallied.) 

Mr. Garfield. One duplicate election register and tally book and oath of 
judges properly signed and executed; certificate of registration and election re¬ 
turns properly executed, signed by.the judges; one challenge oath of liirs. Dora 
Campbell, formerly residing at AVoodchopper; one challenge oath of Jaras Alan, 
claiming right to vote, formerly residing Tolovana precinct. 

(Count and recount made before check is reached.) 

The Chairman. De.scription of rejected ballots; One ballot marked for AVick¬ 
ersham, in square, discarded, for the reason, evidently for the reason that the 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 817 


cross appears after the naine of Sheldon on the right-hand side; ballot for Snlzer 
rejected, the cross being on the right-hand side of the name; ballot for Snlzer 
rejected for the reason that there are tive votes for representatives; ballot for- 
Snlzer rejected because a cross appears on the right-hand side of the name, in 
the colnmn headed “ party nomination ; also one mark (►pposite Wickersham’s 
name; one marked with a cross opposite AVickersham's name rejected, evidently 
because the mark had originally been placed in scpiare opposite Snlzer and 
erased ; one marked for AAdekersham rejected, the cross being on the right-hand 
side; ballot for AVickersham rejected, cross being on the right-hand side, ia 
colnmn beaded “i)arty nomination;” ballot marked for Connolly and Snlzer t 
the mark opposite Snlzer ai)pears possibly to have been crossed ont—after Con¬ 
nolly ai)pears to have been crossed ont. 

(Wickei’sham lost 5 and Snlzer 4.) i 


(Tallied.) 

The board met at 


TACOTNA. 

AAb‘:i)NESi>AY, Feiiruary 2(>, 1019. 
19 a ni., pnrsnant to adjournment. 

Second Division. ' 


(Retained.) 


UTICA. 


kiana. 

(Tallied.) 

The Chairaian. Alarred ballot, evidently not voted ; stub not detached. 

Air. Davidson. One duplicate general election register and tally book, with 
all certificates properly signed and certified. 

Air. Carfteed. One certificate of selection of judges, where original ap¬ 
pointees fail to appear and (pialify; one registration book signed and certified 
by the judges. 

ST. AIICHAEL. 

(Retallied.) 

Air Rustgard.. I think I’ll ask yon to retally the head of the ticket, if it 
isn’t too much trouble. 

(Retally made.) 

HAYCOCK AND COUNCIL. 

(Retallied.) 

BETHEL. 

(Tallied.) 

Air. Garfield. One duplicate general election register and, tJdly book; oaths 
of judges signed and executed; certificate of registration not filled ont or 
signed ; certificate of results properly signed by judges. 


(Retallied.) 


CHINIK. 

BLUIF and candle. 


(Tallied.) 

The Chairaian. There was one change here; there was no cross on the bal¬ 
lot, but it was wi-itten in. AA’e considered that it might possibly be counted. 
I.et’s see that ballot. [Ballot found. After examination;] Evidently rejected 
bv the judges of election. 

"Air. Rustgard. The cross is through the word “Republican.” 

Air. Garfield. Fifty-nine for the head of the ticket. 

The Chairaian. Fifty-nine and two blanks and one rejected. That makes 
03 — 02 , How many registered? 

Air. Garfield. Sixty-three. 

The Chairaian (after counting). Sixty-three. And yon say there’s only 
59 for the head of the ticket? 

Air. Davidson. Fifty-nine; yes. 

The Chairaian. AATll, there’s an error in counting somewhere. 

Air. Marshall. Governor. I think the natural inference is that there is a 
mistake in the count rather than in this ballot rejected; because if this ballot 
was rejected, they would so mark it. I don’t think it’s a necessary inference 
tlmt this ballot is rejected, because there isn’t anything to indicate that it 
was rejected. 


151279—20—52 



818 WldKERSHAM VS. SULZER, DECREASED, AND GRIGSBY. 


The Chairman. Is there anything to show that there was any ballots 
rejected ? 

Mr, Davidson. Notliing to show here that it was rejected. 

The Chairman. Nor in the registration of votei*s how many voted? 

Mr. Davidson. Sixty-three. 

The Chairman. They’re all marked voted? 

Mr. Davidson. Yes; all marked voted. 

Tlie Chairman. Well, I see nothing to show that that was rejected, and 
even if it was a blank, even if it had been rejected, it wouldn’t tally up with 
the liead of the ticket. 

Mr. Davidson. I think we better make a new tally of the head of the ticket. 

Mr. Gaijfteij). I think that that is the only way to arrive at it. 

Mr. Marshall. That would be 61, because there are only 2 that have not 
voted; thei-e ought to be 61 for the head of the ticket. 

The Chairman. Let’s count the head of the ticket, Mr. Gartield. 

(Recount made.) 

Mr. Garfield. There’s Sulzer’s—15 and 4, 19; 39 for Wickersham; blank 1 
and Connolly 1. 

JMr. Marshall. I counted 40 for Wickersham, 

Mr. Garfield. Thirty-nine. How many blanks. 

The Chairman. Four not counted there. 

Mr. Garfield. That makes a total of 63. 

The Chairman. Then the only question is whether this ballot here was 
properly countable or not, or whether it had been rejected by the judges 
of election, 

Mr. Garfield. M’ell, they report 39 votes for Wickersham and we have 39 
votes outside of that, so the judges rejected it. 

Mr. Marshall. But that is merely an inference. It is just as strong an 
inference that they made a mistake in the tally. 

The Chairman. Well, the only way to check that up is to check up some of 
the other. The only way \\ould be to tally up the rest of the ticket. 

Mr. Garfield. Well, it wouldn’t be necessary to tally the whole ticket. Tally 
it for senator, for instance. I’m satistied that they have rejected that ballot. 

Mr. Davidson. You see, senator is all you need to tally to tell what they did. 

Mr. Marshall. Well, here’s the idea. Don’t you think it is essential for 
them to state that the ballot was rejected, if they did reject it? If they didn’t 
it doesn’t make any difference what they tallied otherwise. It might be a mis¬ 
take in calculation. 

The Chairman. Well, it will show very readily. We’ll take senator. If 
that checks up; if it checks up, including this ballot, why then- 

!Mr. Marshall. That will raise the inference that they rejected the ballot, 
but I don’t think that they can reject the ballot by simply ignoring it. They 
have got to mark on it rejected.” 

The Chairman. There's nothing in the law providing that. 

INIr. Marshall. No ; there’s nothing in the law providing that. 

The Chairman. 8o really it’s up to the election judges. 

Mr. Marshall. It is not incumbent upon them. 

The Chairman. If we’re to take the ruling of the judges of election, why 
we’ve got to find out whether that ballot was rejected by the judges. 

Mr. Marshall. Of course, it would .seem that, by checking up the Senator, 

it would be a clieck on it and show whether or not they intentionally elim¬ 

inated the ballot. It would be considered a tendency that they did, but it 
wouldn’t be absolutely conclusive. 

The Chairman. Well, if we had the Senator, and. say, the road commis¬ 
sioner, or retallied the whole thing- 

IMr. Marshall. I don't believe you can get it ab.solutely conclusive. Of 
cour.se, the inference is very strong. 

The Chairman. We could tind out if that ballot was counted or not. This 
is marked in four places. If we found out that it checked exactly without 
those four- 

IMr. Marshall (interrupting). In order to carry your proof to an abso¬ 
lutely logical conclusion, you'd have to look through and see whether there 

was any other ballot voted for the same one, because it might possibly be that 
they passed up the ballot. I mean the doubt is still open to possibly different 
conclusions from the thing. You can so fix it as to make it absolutely con¬ 
clusive. 

The Chairman, L^nless by wiring the judges of election. 





AVICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 819 


Mr. Marshall. Yes, I don’t know whether that would be—that might be 
satisfactory evidence of the fact. Of course, I don’t suppose, as a matter of 
fact, that they would remember an incident of that sort. 

The Chairman. I think they would. In small precincts like that they’ll 
probably remember every detail very readily. 

INIr. Garfield. I move you that it is the consensus of the canvassing board 
that it was the intention of the judges to eliminate that ballot. 

The Chairman. I think it was myself, Mr. Garfield, but for the satisfaction 
of the representatives of .Judge Wickersham, I think we better count the can¬ 
didates whose marks appear on these rejected ballots to see if they tally up 
with the count of the judges of election. 

IMr. Garfield. Well, if that’s going to prove anything. It’s not going to 
prove anything. 

The Chairman. It will prove it. 

Mr, Marshall. It wouldn’t prove it conclusively. Governor, as I say, if there 
are other ballots that voted for the same man and the same man alone. 

The Chairman. Well, I’m quite confident there wouldn’t be. 

Mr. Davidson. I think it would be pretty good evidence. 

Mr. ^Marshall. The only thing, I think the ballot can’t be excluded because 
I think the stronger presumption is that the ballot was unintentionally counted. 

The Chairman. Well, we’ll assume that the count of the judges of election 
is right and that this ballot has been excluded? 

Mr. Garfield. Yes—certificate to the returns of the judges that the tally is 
correct and that the vote has been excluded. 

The Chairman. There is no use of our fooling around with this. 

IMr. Marshall. The same question is going to be raised and it’s no use to 
take up a lot of time. 

DILLOW CREEK AND KOTZEBUE. 

(Retallied.) 

The Chairman. One ballot not counted for representatives, as far as the 
representatives went, on account of there being five representatives voted for. 


FORTUNA LEDGE. 

(Retallied.) 

The Chairman. Only one challenge oath sworn in. 


UNALAKLEET AND DEERING. 

(Retallied.) 

(No more election returns on hand.) 

The Chairman. Shall we issue certificates of election to those that we can? 
Mr. Davidson. I move, IMr. Chairman, that we ask :Mr. Grigsby to prepare 
the certificates for the different divisions, as far as the legislature is con¬ 
cerned. 

The Chairman. Well, isn't that the duty of the canvassing board? 

Mr. Davidson. I guess it is, but maybe we wont’ give the proper certificate. 
We’ve got an attorney general; let him do it. 

The Chairman. Well, I believe the certificates last time were given in proper 

shape or form. 

Mr. Davidson. Have you any of those? 

The Chairman. Yes; we have copies of those. 

(Finally decided to issue certificates to those for whom returns had been 
received, first and fourth divisions). 

(Following telegram was sent to the clerk of the court at Nome:) 

Have returns from following precincts: Kiana, Utica, St. :Michael, Haycock, 
Council Bethel, Chinik, Bluff, Candle, Willow Creek, Kotzebue, Deering, Una- 
lakleet,’and Fortuna Ledge. To be able to seat legislators, wire totals of re¬ 
turns legislative ticket and road commission for all missing precincts. 

Riggs, Governor. 

(The board adjourned sul)ject to call of chairman.) 

Thursday, February 27, 1919. 


The board was convened upon call of chairman. , ^ 

Mr. Davidson. In view of the fact that the first and fourth divisions ha^e all 
been canvassed and tallied, I move you that we now issue certificates 

Mr G\rfield (interrupting). Y"ou mean the returns, don t you, Chaihe. 

Mr DiViDSON (contimiinK). Yes; that we now issue certiflcates to all the 
assembljuuen, senators, and road conmiissloners receiving the highest number of 
votes. 



820 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


The CiTAiiurAN, In those divisions? 

Mr. Davidson. In those divisions. 

]Mr. Gakfield. I second the motion. 

The Chairman. It is so ordered. We’!! then issue certificates of election of 
]\Ir. E. B. Collins, of Fox, as representative. 

]\Ir. Garfield. From the fourth? 

The Chairman. From the fourth ; INIr. .1. W. Diinn, of Riihy, as representative 
from the fourth; INIr. A. J. Nordale, of Fairbanks, representative from the 
fourth; INIr. G. AV. Pennington, of Nenana, as representative from the fourth; 
Air. Luther C. Hess, of Fairbanks, as senator from the fourth. In the tirst 
division we’ll issue certificates of election to Air. William Britt as senator; 
Air. J. II. Davies, of Ketchikan, as repre.sentative; Air. Isaac Sowerby, of Ju¬ 
neau, as representative: Air. AV. AA^. Casey as representative, of Jnnean; and 
Air. E. .1. AATiite, of Douglas, as represehtative. 

In relation to the third division, we have returns from all the precincts 
with the exception of two, namely, Koggiung and Naknek, in which precincts, 
in the election of 191G, there were approximately 50 votes, I believe. Perhaps 
it might be in order for a motion to be made to issue certificates of election to 
the legislature from the third division, among whom there is not a difference of 
less than 50 votes, and issue—if there should be a difference of less than 50 
votes, we can reserve issuing certificates until such times as we receive the offi¬ 
cial advices. Does that meet with your approval, General? 

Air. Davidson. Yes; unless he decides we can take the certified copy of the 
wire—miles sthey have it out there. 

The Chairman. AA"e haven’t got those yet. AA"e haven’t got any official wire 
fi-om the clerk of the court. 

Air. Davidson. That’s what I understand, but I was wondering if the clerk of 
the court didn’t have it by this time. 

The Chair]\ian. AA'ell, I wired yesterday. 

Air. Davidson. I don’t think those are totaled up so far, Governor, so we can’t 
tell anyway. 

The Chairman. I think if we get the clerks to total them up it would be a 
very simple matter to add the missing precincts as soon as we get them. 

Air. Davidson. Yes; it would. 

The Chairman. And perhaps by the time we meet to-morrow morning we’ll 
have wires. Is there anything else before the board to-day? 

Air, Davidson. Not that I know of; only to sign these up. 

The Chairman. Have you anything. Air. Hellenthal? 

Air. S. Hellenthal. No; I haven’t. I’ll have a protest to file against the 
counting of the precinct of Bethel on the ground that not sufficient time was 
given—not sufficient notice was given of the establishment of the precinct. 

Air. Garfield. The notice of election wasn’t sulficient, either, was it? 

Air. Hellenthal. Notice of election and the establishment of the precinct. 

The Chairman. Well, I think we can make that a part of the record along 
with the other protests, when it is submitted by Air. Hellenthal. We’ll meet 
to-morrow morning. 

Friday, February 28, 1919. 

Air. Garfield. Air. Chairman, I do now move thaCwe proceed to issue certifi¬ 
cates to the following-named parties, which, in accordance with the election 
returns before us, are duly elected to the several positions. 

Air. Davidson. I second that notion. 

The Chairman. Alotion is caiTied. I think we might put in here that in the 
second division we have returns from all precincts except- 

Air. Garfield (interrupting). Or majdie we had better qualify that. 

The Chairi^ian. You don’t have to qualify your motion. We can put it in the 
record what we have done. 

Air. Garfield. AA^ell, I thought it better appear in the motion. 

The Chairman. I don’t think it’s necessary. 

Air. Grigsby. No ; I’d .just make a motion that the certificate of election be 
issued to the following-named persons, candidates for the legislature. 

The Chairman. And road commissioner. 

Air. Grisby (continuing). Second and third divisions. 

Air. Garfield. The road commissioner is in there, too. 

Air. Grisby. Yes; in the third, road commissioner. You can specify them all 
except Patterson and then name the persons. 



WICKEESHAM VS. SULZER, DECEASED, AND GRIGSBY. 821 


Gakheld, Instead of having it qiuilitied, in accordance ^Y^tll the returns, 
that we do move that the Board do now issue certiticates of election to the 
following-named candidates. 


^li. Chairman. Senate, the house of representatives, and road commissioners, 
from the second and third divisions. 
iMr. Davidson. I second that. 

Mr. Chairman. Motion’s carried. 

Ihese certiticates are issued, in the case of the second division, from the re- 
tui ns which are in the hands of the canvassing board, with the exception of the 
following precincts: Nome, Cape Nome, Solomon, Taylor, and Teller, returns 
from these precincts having been held up by the nonmovement of mails, due to 
Quarantine ineasures. The clerk of the court of the second division was re¬ 
quested to wire in the total votes cast for the various candidates in these pre¬ 
cincts, which show that the candidates to wdiom ceriticates were issued were 
undoubtedly elected. At tbe present, no certiticate is issued to the road com¬ 
missioner, as the election is very close and there is no immediate necessity for 
determining ^yllo has been elected. In the third division there are outstanding 
only two precincts, the returns from which are in the mails and should be in the 


hands of the board very shortly. These returns will in no possible way alfect 
any of the candidates, with the exception of the contest between Murray and 
Patterson ; the oilicial and unollicial i eturns of which show the contest to be 
very close. It is the opinion of the canvassing board that no unqualified certifi¬ 
cate should at present be issued to either of the candidates until official notice 
is received from either the clerk of the court or the returns are received from 
the missing iirecincts. 

The board is in receipt of a protest from the attorneys for Mr. Charles A. 
Sulzer, Messrs. Hellenthal and Winn, against counting the votes from the pre¬ 
cinct of Bethel, as follows: 


Juneau, Alaska, February 28, 1919. 

To the Hon.. Thomas R. Riyys, Charles E. Da vidson, ami Charles Gai'iield, sitting 
as a canvassing hoard to canvass the returns of the general election held 
tvithin AlasJx'a on the otli day of November, 1918. 

Gentlemen : Comes now Charles A. Sulzer and respectfully protests against 
the counting of the votes from the precinct of Bethel, on the ground that said 
precinct was not established as by law required and that the notice of election 
required by law was not given, said precinct having been established but a few 
days prior to the election and the notice of election was not given for the length 
of time required by law. 

Kespectfully submitted. J. R. Winn, 

Hellenthal Hellenthal, 
Attorneys for Charles A. Sulzer. 


(The following reply was received in answer to a telegram sent re precincts 
from which no returns had been received, and the results of vote in each:) 

Nome, Alaska, February 26, 1919. 

Thomas Riggs, Governor, Juneau: 

IMissing precincts, according your wire, are Nome, Cape Nome, Solomon, 
Taylor, and Teller. Totals of returns for same follow: Coombs, 167; Frawley, 
198; Allan, 216; Bogan, 201; Daly, 217; Downing, 143; Eddy, 159; McIntosh, 
89; Milot, 121; O’Connor, 81; Rydeen, 101; Gibney, 182; Plein, 14; Wilson, 
162; Winkler, 10. 

McGann, Clerk. 

(Adjournment taken.) 

IMonday, March 3, 1919. 


The board met upon call of the chairman. Absent: Mr. Garfield. 

The (Chairman. In view of the following telegram received from Deputy 
Marshall Armstrong, at Kodiak, it was decided to issue certificate of election 
to James A. Patterson, of Valdez, representative, from the Third judicial divi¬ 
sion. This action was taken particularly in view of the fact that it seems that 
the returns from the Bristol Bay precincts can not be received before the mid¬ 
dle of March, and it is the desire of the board to expedite the actions of the 
legislature: 

Kodiak, Alaska, March 1, 1919. 

Gov. Riggs, Juneau: 

Naknek. 10 votes cast, all straight Democratic; no election Nushagak; Dil¬ 
lingham, 23 votes cast, Sulzer, 16; Wick, 7; Patterson 11; Murray not sure; as 


822 WICKEKSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


I remember 5. A\'as not many as I (lid not take number. Farraffut leaving Ko¬ 
diak morning has been heavy gale; has el(?ction returns Bristol Bay. Goes 
from here Seldovia, from there direct Ketchikan, where mail all points west of 
there will he discharged; catch next westbound boat; takes no passengers out 
of here. 

Armstrong. 

(Indetinite adjournment taken, sul)ject to call of chairman.) 

Note. —It seems that the judges of election have rejected 15 votes which 
might have been intended for Wickersham, and 14 votes which might have been 
intended for Sulzer. 

Wednesday, March 19, 1919. 

The l)oard met upon call of chairman. 

The Chairman. I have two letters here [reads] : 

Juneau, Alaska, March 3, 1919. 
The Territorial Canvassing Board, Juneau, Alaska. 

Gentlemen: On behalf of Hon. Janies Wickersham, we protest the canvass 
and count of the returns from the following precincts, for the general election 
held on November 5, 1918, until such time as there shall have been filed in the 
office of the governor of Alaska a certified copy of the order and notice of elec¬ 
tion creating such precincts, as provided by law, to wit: 

In the first division: Baranof, Beaver P^alls, Charcoal Point, Chichagof, 
Craig, I^oring, Sitka, Sulzer, Tenakee, Hyder, Port Walter, and Tokeen. 

In the second division : Bluff and Fortuna Ledge. 

In the third division : Ohisana, Cfiioggiung, Iliamna. 

In the fourth division ; p]agle. Ester, Gilmore, Kantishna, Little Eldorado, 
Cleary, Dome, and Nulato. 

Respectfully submitted. 

John Kustgard, 

John B. Marshall, 
Attorneys for Janies Wickersham. 

These are in addition to the ones you have already filed a protest on? 

Mr. Marshall. Yes; I haven’t filecl a protest on that subject before. They’re 
precincts where there is no order appearing, and I just thought the order ought 
to he present before final action is taken by the hoard. 

The Chairman. You consider that where it says in the compiled laws that 
a precinct remains permanent after once being established does not apply unless 
it is reposted every time? 

Mr. Marshall. Well, no; I don’t take that position; but then there are pre¬ 
cincts in some of those that were never previously created, I think. 

The Chairman. Well, now, for instance. Bluff and Fortuna Ledge have al¬ 
ways been precincts, and Beaver P^alls, Charcoal Point, Chichagof, Craig, Bor¬ 
ing, Sitka, Sulzer, Tanakee, Hyder, I’ort Walter, and Tokeen also. 

Mr. Marshall. I think that at each election there has been an order estab¬ 
lishing polling places, and the law provides that a certified copy of that shall be 
sent to the (Governor, so that the canvassing board may know that there are 
election precincts at these places. 

The Chairman. You consider that that is a part of the returns, then? 

Mr. Marshall. No ; not a part of the returns, hut an essential part of the 
information to enable the hoard to canvass the returns. I don’t know that it is 
vital.; I don’t mean that absolutely, hut it is fairly reciuired. I don’t think it 
would be fatal to the election, hut I would like to see those orders to see whether 
they are in proper shape, and I think they ought to he filed here, and I think the 
law requires it. 

The Chairman (reading) : 

Juneau, Alaska, March 3, 1919. 
The Territorial canvassiny hoard, Juneau, Ala.ska. 

Gentlemen : On behalf of Hon. James Wickersham we protest the canvass of 
the election returns for the election for Delegate to Congress from Alaska held 
on November 5, 1918, from the precinct of Unalaska, in the third judicial divi¬ 
sion of Alaska, on the following grounds, to wit: 

It appears from the record that the official ballots were not received at said 
precinct, whereupon the judges of election proceeded to prepare ballots for the 
voters, in the execution of \'s hich purpose they prepared certain specified quanti¬ 
ties of “ Republican,” “ Democratic,” and “ Socialist ” ballots, as shown both by 
the used and unused ballots accompanying the election returns. 


U ICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 823 


1 he record conclusively shows tlint those ballots were retained in the posses- 
sion ot the ]udg:es of election and given out to the voters upon their demands for 

1 . or “Socialist” ballot, thereby revealing the 

(andidate for whom each elector voted and preventing the secrecy contemplated 
hj the law requiring said election to lie determined hv ballot 
Respectfully submitted. 


.Tohn Rustgakd, 

John B. Marshall, 
Attorneys for James Wickerstiam. 

Got any comment to make on those, General, or Mr. Gartield'^ 

Mr. Davidson. No. 

Mr. Garfield. No. 

The Chairman. Have you got anything, ]Mr. Hellenthal? 

Mr. Hellenthal. I haven't anything in particular; no. 


CHOGirNG. 

The Chairman. Election register and tally hook, Chogiung voting precinct, in 
the Biistol Bay recording district, oaths of judges of election properly signed 
and sworn to, certihcate of election register properly tilled out and signed, cer¬ 
tificate of judges of election to election returns properly signed, certificates of 
the judges of election stating facts jireventing the use of ofiicial ballots, properly 
signed. 

Mr. Davidson. Now, isn’t that strange that these fellows didn't get the ballots 
and they got the books? That's a funny proposition; I don't understand that. 
It was the same way last year. 

Mr. Hellenthal. Are these ballots all the same? 

Mr. Garfield. No ; they're not all the same. The skeleton is the same. 

Mr. Hellenthal. They didn’t put any names on the ballots at all until the 
voter aiipeared. 

Mr. :Marshall. 1‘arty ballot. 

iMr. Hellenthak No ; the body of them is all the same. 

iMr. Davidson. Well, I can't understand why tlu\v can't get ballots out in 
that country. They get all the rest. They seem to throw them away. 

The Chairman. Seems that they don’t ship them out at the same time. 

Mr. Garfield. They didn’t have numbers to tear off like they did at Unalaska. 

The Chairman. No. 

Mr. Davidson. I thought I saw one in there that wasn’t marked; wasn’t 
marked at all in the square. 

(Ballots counted by the chairman.) 

Mr. Chairman (after count.) Twenty-four votes. 

Mr. Davidson. Twenty-three for the head of the ticket. 

Mr. Garfield. Maybe one didn’t vote for the head of the ticket. 

The Chairman. One ballot evidently intended to be voted for Sulzer not 
counted by the judges of election. Did you tally this. General? 

Mr. Davidson. No ; I didn’t. 

Mr. Hellenthal. Now, is this the time you enter protests or objections^ 
Governor? 

The Chairman. Yes. 

Mr. Hellenthal. I wish to enter a protest on account of Mr. Sulzer, be¬ 
cause it clearly apiiears that there was one unofficial ballot which was cast, 
for the reason that the official ballot was not received, as clearly set forth in 
the certificate of the judges, which was cast for Charles A. Sulzer, although 
not marked in the square. It is our contention that that ballot should have 
been counted for Mr. Sulzer, as the mark in the square does not apply to 
unofficial ballots, but applies only to official ballots. 

The Chairman. Protest will be entered in the record. 

Mr. Marshall. Governor, I wanted to—I would like to look at the register 
again, the names again, if I may. [Looks over register.] 


naknek. 

Mr. Marshall (after examining ballots). This is the primary ballot; that 
was the ballot of the primary election. They didn't have that the previous 
year, because there was no primary election; they might have had sample 
ballots or party workers’ ballots, 

Mr. Davidson. Party workers’ ballots is what they voted on before. 


824 WICKEKSHAM VS. SULZER, DECREASED, AND GRIGSBY. 


The CiiAiKMAN. One eertiliente of jndjjjes of election of facts pi'eventing the 
use of oflicial ballots. 

Mr. Davidson. One election n'gister and tally hook, properly certified. 

Mr. Marshall. 1 would like to protest the canvassing of those votes for the 
reason that it appears the judges of election did not make the ballots to con¬ 
tain the list of the candidates as provided by law. but used the ballot used or 
prepared for the primary election of the Democratic Party and containing on 
it the names of no persons except Democratic candidates at said election, 
and in which ballot the cross appears in front of the names of each as the 
Democratic candidates and in front of no other names. 

The Giiairjiian. l*rotest will be entered in the record. 

Mr. Davidson. Some of these fellows didn’t mark that ticket at all. 

Mr. Marshall. It was the iirinted woi-kers’ ballot at the primary election. 

Mr. Davidson. The same kind of ballot was cast in the last election over 
there. This is a little different liallot, but it was the same in principle, 
although I think they marked their liallots the last time, but these are not 
marked at all. They could have taken those ballots and thrown them away. 
They counted them and the Congress held that it was all right. 

The Chairman. It should be counted on account of the intent of the voter; 
that they should not be disfi’anchised on account of any error on the part of 
the judges of election. 

Mr. Hellenthal. There was a certificate here why unofficial ballots were 
used now which they-didn’t have two years ago. It was absolutely lame 
on that two years ago. The court held that it was necessary, but Congress 
held that it was unnecessary. I don’t know but what they supplied them at 
the hearing. I think they supplied some of those certificates at the hearing. 

The Chairman. I think they did; yes. 

Mr. Davidson. I can’t understand that at all—why they don’t all through 
that westward country, they don’t get the ballots. 

Mr. Garfield. I couldn't understand that two years ago, Charlie, and here 
you are again, Imt you told me that a different fellow sent out the ballots that 
sent out the- 

Mr. Davidson (interru])ting). No; the clerk of the court sends the ballot 
and everything- 

Mr. Garfield (interposing). To the commissioner. 

The Chairman (after count has been computed). The totals for the third 
division on Patterson for reiiresentative is 1,077 and the total for Murray 1,054, 
showing that IMr. Patterson was duly elected by 23 votes and that the action 
of the canvassing board was proper in issuing him the certificate of election. 

(The board adjourned, subject to call of chairman.) 

Wednesday, April 1(5, 1919. 

The board met at 10 a. m., pursuant to adjournment. 

The Chairman. I’ll read this telegram. 

Ketchikan, Alaska, Ai>ril 15. 

Hon. Thomas Kiggs, .Ir., 

Governor of Alaska, Juneau: 

Hon. Charles A. Sulzer died on his way from Suizer to Ketchikan Hospital 
10.30 p. Ill., with olistructions of the bowels. 

H. K. Raffleson. 

The Chairman (to stenographer). Enter in the record that certified copies 
of the notices and orders of election for all the missing precincts in the first 
division have been received. 

TAYLOR. 

Mr. Davidson. One registration liook for general election, which is not 
signed up by the judges. 

Mr. Garfield. Not certified. 

Mr. Davidson. Not certified. 

Mr. Garfield. One duplicate election register and tally book; oaths of 
judges properly executed; registration'certificates not signed and certificate 
of results properly certified by the election board. 

The Chairman (after checking ballots). Twelve ballots counted and one 
ballot rejected liecause it has the cross opposite the names of both Connolly 
and Sulzer. 

IMr. Garfield. Thirteen cast. 




WTCKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 825 


The Chairman. Thirteen east altogether. This [tally hook] is all proneiiv 
signed ? V j 1 i . 

Mr. (tArfield. No ; the certificate is not properly signed. 

The Chairman. Certificate of results signed? 

Mr. Garfield. Yes. 


The Chairman. Certitied certiticates of results for Nome, Bluff, liessie lload- 

“—Solomon, St. Michael, Unalakleet, Council, 
Chignik- » > » 


INIr. Garfield (interrpting). Chinik. ' 

The Chairman (continuing). Chinik, Port Clarence, Taylor, Havcock, and 
a letter of transmittal. 


NOME NO. 2 (BESSIE ROADHOUSE). 

IVIr. Davidson. Registration book properly certified. 

Mr. Garfield. Duplicate register and tally book, with oaths of election 
board properly executed, certificate of registration, certificate of copy of 
registration not executed; certificate of results properly executed bv the election 
board. 

The Chairman. How many, 12 ballots? 

:Mr. Garfield. Twelve, total 12 votes. 

Mr. Davidson. Did you get the number of votes? 

iMr. Garfield. Yes; 13. One thrown out and 12 cast. 

(Tally of vote not made by election board; tally of votes made by canvassing 
board.) 

The Chairman. That ballot was rejected altogether because it was voted 
for two Senators. 

Mr. Garfield. How many votes have you got there altogether, including 
that one? 

The Chairman (after counting). Twelve cast. 

IMr. Davidson. Then, if we’re going to cut that out, we’ll have to cut this 
out. 

The Chairman. Gne oft of Wickersham. 

IMr. Garfield. What’ll we do? Take one vote off? 

The Chair:man. Take one vote off those. One vote rejected by the judges 
of election because both Senators were voted for. 

Mr. Marshall. Mr. Chairman, it is more or less a perfunctory canvass, I 
presume, from now on, and I haven’t much heart in the situation, but just to 
protect the record I protest against the throwing out of that one vote. I 
think that should be clearly counted. 


SOLOMON. 

IMr. Davidson. One registration book, properly certified. 

IMr. Garfield. One duplicate register and tally book, oaths of election board 
properly executed; certificate of copy of registration not executed; certificate 
of results properly executed liy the election boai’d. 

Th Chairman. Sixteen ballots. 

IMr. Garfield. Sixteen voted. 

(Returns checked and tallied.) 

TELLER. 

Mr. Davidson. Registration book properly certified. 

Mr. Garfield. Register and tally book, oaths of judges executed; certificate of 
registration properly executed; certificate of general results signed by the 
election board. 

Tbe Chairman. Twenty-two votes? Two marred ballots not cast, as shown 
by the stubs remaining. Twenty-two ballots cast. A new ballot was evidently 
issued, because there are 22 ballots here and 22 registered. 

(Ballots counted, returns checked, and tallied.) 

NOME NO. 1. 

Mr. Davidson. One registration book, not certified. 

The Chairman. Here is a liallot [showing] that has evidently been re¬ 
placed; three spoiled ballots evidently never been cast. 

Mr. Garfield. Duplicate register and tally book, with oaths of judges 
properly executed; certificate of registration properly executed by the judges; 



826 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


certificate of elec*tioii results properly signed by the election board, 
oath of Fred Harrison, signed by the attiant; certificate of election of judges 
of election when original appointee fails to appear ainl qualify, substituting 
K. AV. Bowen and E. E. Adams—wait a minute. E. E. Adams and Kobeit 

James for AI. I>. l>alsar and Con Kelly. ^ i i 

The Chairman. Four ballots marred and evidently noted \oted, pionan y 
replaced with other ballots. One of these ballots is a blank as to the face. 
Mr. Garfield. Printer forgot to print it. 

(Keturns check, and tallied, and ballots 
The Chairman. I think that the jiroper 


counted.) 
procedure now 


would be to have 

the clerks prepare a full tally, giving the details and when so done, 
they notify me so I can call a meeting for further action. Is that acceptable. 

Mr. Davidson. That's the only thing we can do. I wonder what the pro¬ 
cedure is, whether we should declare.- 

The Chairman (interrupting). We'll have to refer that to the attorney 

general. , ... , , 

Mr. Davidson (continuing). Because there is .lust a possil)ility that it ^ye 
declare, it might give a chance for a contest, whereas otherwise there will 
I'.ave to be a special election. 

The Chairman. The only chance for a contest is in case Air. Sul/.er is 
found to have been elected, and I understand Judge Wickersham has some time 


ago declared that he wuis going to contest. 

Mr. Davidson. Fie can’t contest nowg can he, because he can’t get service? 

The Chairman. I don't know. I must confess that I’m up in the air about it. 

Air. Davidson. I gue.ss everybody is. It looks like the legislature has got 
to call a special election. 

The Chairman. Of course, w’e’ve got one other candidate. AVe’ve got to 
issue a certificate to the road commis.sioner. It is a thing that’ll have to 
be deliberated on before w'e can take any final action. In the meanwdiile 
the clerks can prepare the tally, and I know’ of no reason for not giving the 


results out to the press. 

Have you any statement. Judge? 

Air. AIarshall. No ; I have not. I haven’t informed myself on the <iuestion, 
and I don’t know’ w’hat should be done. 

(Adjournment taken, subject to call of chairman.) 


Thursday, April IT, 1911). 

The board met at 11 a. m. 

The Chairman. I consulted the Attorney General. The Attorney General 
advises me that the proper procedure is to declare the candidate having the 
most number of votes elected and to issue a certificate, regardless of the fact 
w’hether one of them is deceased or not. The certificate is then forw’arded and 
it makes—if there is anything coming to the estate on that account, the money 
is paid to the estate. 

In regard to a possible contest, that is something that has not been decided 
W’hat can be done. That has not been looked up. Nobody knows wdiat the 
procedure can be taken under the circumstances. 

How does the vote stand? 

Air. Davidson. Sulzer, 4,487; Wickersham, 4,454.^ 

The Chairman. What w’as that? 

Air. Davidson. 4,487- 

The Chairman. 4,487 and 44 w’hat? 

Air. Davidson. 54. 

The Chairman. Thirty-three. I think a motion is in order to declare that 
Charles A. Sulzer received the greatest number of votes at the last election, 
held on November 5. 

Air. Davidson. Air. Chairman—of course, I haven’t looked it up, but it strikes 
me that to issue a certificate to a man that has already gone is a funny pro¬ 
cedure, but it may be that it’s right. 

The Chairman. We didn’t issue the certificate in the regular manner- 

Air. Davidson. Oh, that’s so. I misunderstood you. I thought w’e declared 
he Avas elected. 

The Chairman. He was elected and the certificate is in the regular form, 
as follow’s [reads] : 




WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 827 


United States of America. 

TERRITORY OF ALASKA, JUNEAU. 

To all to idiom these presents shall come, (jreetiiuj: 

Kiu)w ye, that in compliance with an act of Congress, approved :May 7, 1906, 
for the .election of a Delegate to the House of Representatives from 
the Territory of Alaska, and an act of Congress, approved August 24, 1912, 
pio\iding for a legislative assembly in the Territory of Alaska, and combining 
the election for Delegate with that for members of the legislative assembly, the 
undersigned, forming a canvassing board to canvass and compile in writing the 
vote in the election held in the Territory of Alaska, on November 5, 1918, find 
that Charles A. Sulzer, of Sulzer, Alaska, received the greatest number of votes 
for Delegate in said election, for the term beginning March 5, 1919, and the 
election of said Charles A. Sulzer js hereby duly certified. 

In testimony whereof, we have hereunto set our hands and affixed our seals 
at Juneau, the capital of Alaska, this seventeenth day of April, in the year of 
our Lord, one thousand nine hundred and nineteen. 

[seal.] Thomas Riggs, Jr., 

Governor; 

[seal.] Charles E. Davidson, 

Surveyor General; 

[seal.] C. Garfield, 

Actiny Collector of Customs; 

Canvassiny Board. 

This is exactly the same as the previous verbatim certificate of the previous 
certificate. 

Mr. Davidson. Well, that is what I thought; that that should probably he 
changed to fit the conditions. I don’t know; I’m free to confess that I 
haven’t—it just struck me that in issuing that we should make that showing in 
there that he is now deceased. 

Mr. Garfield. I don’t think that that affects our finding any.. 

Mr. Davidson. It don’t affect our finding, but here we’re issuing a certificate 
to a man that’s dead. 

Mr. Garfield. AVell, we certified that such and such things occur in accord¬ 
ance with the canvass. 

Mr. Davidson. Of course, we’ve got the record that he had the most votes; 
that I agree with. 

]Mr. Garfield. That fact exists, regardless of whether he is dead or alive* 

The Chairman. And he was elected on November 5, and his election is cer¬ 
tified? 

Mr. Garfield. Yes; and he was elected on November 5. 

The Chairman. He was elected, and that is in accordance with the verbal 
instructions of the Attorney General? 

Mr. Davidson. It just struck me that we were issuing a certificate- 

The Chairman (interposing). To a man who is not- 

Mr. Davidson. To a man who is not alive. There is only that point, that the 
wording of that might be changed. 

Mr. Garfield. Of course, the record shows, or the minutes show, that a 
telegram was filed here yesterday, showing that he had passed away, and the 
record will show that, but that doesn’t affect this certificate, I wouldn’t think, 
in any way whatsoever. 

The Chairman. I understand that there has been a telegram received from 
the secretary to Mr. Sulzer, stating that he made an examination and the cus¬ 
tom is, when you file in case of death, to file the certificate with the Clerk of the 
House, the Clerk of the House of Representatives. 

Mr. Davidson. Well, then, they probably looked it up and they should know. 
I confess I don’t know anything about it; it just struck me that it might be a 
little irregular to do it. 

The Chairman. I think it is perfectly regular. 

'Mr. Davidson. I don’t know; I’m perfectly willing to do anything that is 
the regular thing, not that I want to hold it up or anything of that kind. 

]\Ir. Garfield. Well, ]Mr. Chairman, I would move you that as a result of the 
canvass of the election returns of the general election held upon November 5, 
1918, we find that Charles A. Sulzer has received a plurality of votes for the 




828 WICKErvSHAM vs. SULZEE, DECEASED, AI^D GPJGSBY. 


of Deloijute to Conuross. and this l)oard do issue a eertitieate in accordance. 

Tlie CpiAimrAN. Declare liiin elected. 

Mr, rrAKFiP:!.!). Declare him elected and issue a eertitieate in accordance there¬ 
with. 

The Chaihman. Declare that he was elected. 

Mr. Garfielo. Well, that’s better; declare that he was elected. 

The Chairman. Yes. 

INIr. Garfield (continuing). Ami issue a certificate in accordance therewith. 

Mr. Davidson. Well, I’ll sei'ond that motion. I think that covers it—that he 
was elected. 

The Chairman, Well, the motion has been carried and the hoard declares 
that Charles A. Snlz(‘r was elected Delegate to Congress at the last election, 
held on November 5, 1918. 

Did you i)rei)are—Mr. (’ramer. did you iirepare a certificate of election for 
Gihney? 

iMr. Cramer. They’re right here now. 

Mr, Garfield. What did we make Gihney’s vote in the second? 

]Mr. Davidson. Gihney. 859. Is that what you got? 

Mr. Garfield. Yes; Gihney. 359; Plein, 72; Wilson- 

Mr. Davidson. Plein, 72; Wilson, 347; Winkler, 333. 

The Chairman. I think a motion is in order regarding ]Mr. Gihne.v, 

IMr. Davidson. I move, IND\ Chairman, that Gihney, having received the great¬ 
est numher of votes for road overseer of the second division, he declared elected 
and issue him a certificate accordingly. 

Mr. Garfield. I second that motion. 

The Chair^^ian. I think that might he amended to “ road commissioner ” 
instead of “ road overseer.” 

Mr. Davidson. Well, “ road commissioner.” 

The Chairman. The hoard then declares Mr. Gihney elected. I think that 
we’d better sign an extra copy of IMr. Sulzer’s certificate, because they, for some 
reason in the administration of his will, they might need that, isn’t that true, 
.Tudge? It might he stated that the certificate of Sulzer is issued in triplicate 
to cover any po.ssihle contingency. 

Mr. Davidson. Of course, at any time a certified copy could he made. 

The Chairman. A certified copy can he .given. We have got them all right 
here together, 

(Certificates to Sulzer and Gihney signed by canvassing hoard.) 

The Chairman, Now, these returns, M’hat has been the custom, General, with 
these ? 

Mr. Davidson. The custom has been to make up these returns in typewriting 
on thin paper, so that it can he filed, and put in the names in full and then just 
file one set. 

The Chairman, .lust file one set. 

Mr. Davidson. Yes; you generally have a set here. 

The Chairman. Are they si.gned or certified by the hoard? 

IMr. Davidson. No ; we never have signed them by the hoard, hut you can 
do it. 

The Chairman. Well, I don’t know hut that it would he a good scheme to 
make them up and sign them. ^ 

Mr. Davidson, I’m havin.g them made up there. You see this stuff you 
can’t file. 

The Chairman. 1"ou make it up by precincts? 

Mr. Davidson. Yes; we make it up the same as this in typewriting on thin 
paper. We’re making up about ei.ght copies of it. Let’s see, you’ll want a copy 
here, and you’ll want a copy, Charlie, and then they’ll probably want some 
certified copies, if they have a contest, and one copy should he attached. The 
way this is always made up, this is made up here. This record is made up, 
George’s i*ecord, and then we attach a copy to that, and that one would he signed 
and filed in the secretary’s office. That’s the place where we file that. 

The Chairman. Is that the one that was used in the contest last year? 

IMr. Davidson. Certified copy. 

The Chairaian. Then you want it in your file? 

Mr. Davidson. We keep one in our files. 

The Chairman. And then you want a, duplicate? 

INfr. Davidson. There should he. 

The Chairaian (to the stenographer). How many copies have you made up, 
George ? 



829 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 

Stenographer. Five copies. 

:Mr. Davidson. Then you’ll have an extra copy of the record. They’ll prob¬ 
ably want two copies. 

The Chairman. For each of the contestants? 

INIr. Davidson. Yes; probably each of the contestants will want a copv, if 
they contest. 

Mr. Garfield. Well, do yon want to adjourn sine die before that is done, 
before we sign this up? 

The Chairman. Well, we can ; I think we can call, when this is written up, 
an informal meeting and sign them, and in the meanwhile adjourn sine die. 

Mr. Garfield. iNIr. Chairman, I move you that, in view of the work of the 
canvassing board being completed, we now adjourn sine die. 

Mr. Davidson. I second the motion. 

The Chairman. It is so ordered. 

(The board adjourned sine die.) 

Thomas Riggs, jr.. Governor, Chairman; 

Charles E. Davidson, Purveyor General; 

C. N. Garfield, Acting Collector of Customs; 

Canvassing Board. 

Friday, April 25, 1919. 

The chairman called a subsequent meeting of the canvassing board at 12 
noon, for the purpose of considering tlie following letter: 


Hon. Thomas Riggs, Jr., 

Governor of Alaska, Juneau. 


United States District Court, 

Juneau, Alaska, April 2/f, 1919. 


Dear Sir : At the solicitation of the canvassing hoard of which you are presi¬ 
dent, through Secretary G. F. Cramer, INIr. Spray, one of my deputies, furnished 
for the use of said canvassing board the returns received by this ofhce from 
the election board of-Sitka voting precinct, for the general election of Novem¬ 
ber 5, 1918. 

These returns consisting of the election register and tally book duplicate 
belong in the permanent files of this office. I would respectfully ask that you 
return the election register and I will ca-use a certified copy of the same to 
be issued for the benefit of the canvassing board if so requested. 

Respectfully, 


J, W. Bell, Clerk. 


The returns from Sitka were opened and the duplicate election register and 
the registration book were returned to the clerk of the court, with the following 
letter: 

Juneau, April 25, 1919. 

:Mr. J. W. Bell, 

Clerk United States District Court, Juneau. 


Sir : As requested in your letter of April 24, I am returning herewith dupli¬ 
cate election register and tally book and original registration book for general 
election for the Sitka precinct, which hooks were forwarded to the canvassing 
board from your office. 

As the returns from Sitka did not include these two books, please make 
a certified copy of them and forward them to the canvassing board for filing 
with the Sitka returns. 

Very truly yours, 


Thomas Riggs, Jr. 
Chairman Canvassing Board. 


I hereby certify that the proceedings of the canvassing board, which can¬ 
vassed the returns of the election of Novemlier 5, 1918, with the remarks of 
persons interested therein, as contained in the foregoing transcript, were 
reported in shorthand and later transcribe<l by me; and that the transcript is 
true and correct to the best of my knowledge and belief. 

G. W. Folta, Stenographer. 


Juneau, Alaska, x\pril 25, 1919. 


Official returns of the election of Delegate from Alaska, members of the fourth Territorial Legislature, and road commissioner, held Nov. 5, 1918. 

FIRST DIVISION. 


830 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY 


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WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


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SECOND DIVISION. 


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Official returns of the election of Delegate from Alaska, mcjrihcrs of the fourth Territorial Legislature, and road commissioner, held Nov. 5, 1918 —Con. 


WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY 


833 


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1 Estimated from vote cast for Delegate. 























































































































































834 WICKERS HAM VS. SULZER, DEC'EASED, AKI) GRIGSBY. 


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WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY. 


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835 

















































Official returns of the election of Delegate from Alasica, nmnhers of the fourth Territorial Legislature, and road commissioner, held Nov. 5, 1918 —Con. 

FOURTH DIVISION. 


836 WICKERSHAM VS. SULZER, DECEASED, AND GRIGSBY.' 


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WICKERSHAM YS. SULZER 


DECEASED, AND GRIGSBY. 


837 


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INDEX. 


Page. 

Notice and jrroiiiuls c)f contest_ 3-18 

Notice of contest__ 18-26 

Ketnrn of notice of service on contestee_ 26 

AnsAver to notice of contest_ 26 1 9 

Acceptance of service of answer to notice of contest_ 49 

(Contestant’s rei)ly to contestee’s answer_ 49-50 

Affidavit of John Willis_ 189 

Affidavit of Daniel Joseidi_ 190 

Affidavit of (lilhert Jackson_ 190 

Affidavit of William Brady_ 191 

Affidavit of Jimmy Fox_ 191 

Affidavit of Edward ^Marshall_ 191 

Affidavit of Willie liters_'_ 192 

Affidavit of (I’harlie Gray___ 192 

Affidavit of George ^lartin, Killy ^Martin, and (^harles Peters_ 198 

Affidavit of G. K. pcei-jv^ison_ 193 

Affidavits of Gliarles E. Cole_^_ 265-267 

Appearances for contestant: 

Cochran, O. D_ 673 

Dooley, Geoi-ge_!___ 360 

Dnjr.i;an,. Sherman_ 723,726 

Jeffery, Georji:e A_._^_ .589 

Marshall, John K_l_ 80, 

150,182. 197, 246, 392, 456, 649, 651, 652. 657 

Uav, Henrv T_ 636 

Reed, J. _ 592 

' Ritchie, E. E_ 203,213,592 

Rnstjtard, John_ 150, 

153,155,160,162,163,166,167,169,182,194, 195,197, 200, 392, 456 

Sexton, George_ 380 

Shonp, A. G_:- 458 

Stevens, ^Morton E_ 305, 636, 679 

Wickersham, James_ 50, 

80, 203, 213, 273, 456, 458, 684, 719 


Appearances for contestee: 

Almy, Carl_ 380, 723 

(dark, John A- 636,679 

Cosgrove, Charles H- 80, 458 

Dimond, A. J_ 203,213,592 

Donohoe, T. J-- 360, 592 

Grigshv, George B-- 392, 456, 458 

Hel'lenhial, J. A_ 150,153,155,160,162,163,166, 

167, 169, 182, 183, 194, 195, 197, 200, .392, 456, 649, 651, 652. 657 

Leehey, Maurice D_ 50. 684 

T.eehey and -Tones- 719 

O'Neill, Hugh_ 673 

Price, Thomas_ 271, 273, 276, 278, 282, 290, 292, 295 

Reagan, .Tohn J- '><^6 

Rdden, Henry_ 246 

"Winn, .Tohn R- 

160, 162. 16.3, 166, 167, 169, 182, 183, 194. 195, 197, 200. 392, 456 

Ziegler, J. H- SO 

Certification of postmaster, Niilato, Alaska, in regard to taking of dep¬ 
ositions___S19, .320, 321. .322 


839 

















































840 


INDEX. 


Page. 

Cojiv of ordc'T and noti(*(‘ of elect ion to he lield on Tuesday, Noveinher 

5,' 1918_- 

Conies of affidavits on tile in otfi(‘e of clerk of the city of .Dineau, 

Alaska__ 201-202 

Notary’s c(*rtiticate_SO, 149, I.IH. 15.1, 157, 159, 102, 108, 100, 107, 108, 177, 

181, 188, 185, 188, 195. 190, 199, 201, 240, 2.58. 2.10, 271, 270, 278, 

281, 284, 285, 288, 289, 291, 294, 295, 290, 811. 818, 878, 889, 4.10, 

.188, .191, 017, 088, 048, 0.10, 008. 070, 078, 084, 707, 720, 727, 729 

Notai’.v’s suhixen.is and return of service_ 2.14, 272, 290, 297, 298, 891, 08o, 0.)C 

Notice of takiiif*: of depositions with pi'oof of .service- 149,158,158, 

109. 109, 177, 181. 194, 19t), 2.14, 297, 805, 817, .800, 879, .891, 4.17. 

4.18. .188, 591, 019, 085, 048, ().ll, 078, 079, 720, 721, 722, 728, 728 

Otlicers hefoi’e whom dei)ositions were taken: 

Ihiuer. H. A_ f>09 

Case, W. 11_ 240,254 

(’hace. I). 11_ 892, 4.10, 049, 051, 652 

Dehn, .Joseph (’_2o5, 2.10. 257 

Erwin, (luy 11_ 805 

Foster, Frank H_ 8(50 

(leoj^he.iian. Richard H_ 6.8.) 

Crace, Kathailne A_ 589 

Critfin, A. J. _ 817 

Hardman. Harold H_ 50 

Hartman, Dwi.u’ht D_ 684,719 

Haves, Frank .1_.880,592 

Rav, Henrv T_ 298.079 

Reed, .1. L_ 208,21.8 

Streeten, .Tames A_^- 67.8 

Thomi)soii. Arthur (4_ 271,273,270,278,284,290,292,295,72.8,726 

AN’inn. (1. C_'_ 150. 

1.18, 1.15, 160, 162, 168, 166, 167, 169, 182, 188, 194, 195, 197. 200 

Winston. AVill H_ 80,458 

Opinion as t(* rii?ht of Indians to vote_ 189 

Ri'oceedinj^s of the Alaska Territorial canvassing hoard_ 7.80—888 

Section 24. (’oinjtiled lanvs of Alaska, 1918_:- 112 

Stipulation_ 24.8. 245, 272, 892, 4.1(5, (518. 6.11, 6.12, (5(59, 727, 729 

Tahulated otlicial returns of the election of Delegate from Alaska, etc_8.80-8.87 

Testimony for contestant_.10-8.19, 648-780 

Testimony for contestee_ 360-648 

Witnesses for contestant: 

Allen, Dudley (4_:-150-152 

Allen, :\Irs. Dudley C_ 152-158 

Althou.se, Taylor_1.8.8-142 

Arnold, C. D_ • 260 

Rarr, William T_ 255 

Rartlett, Glenn C_ 168 

Real. Ike A__ 62-63 

Reck, W. S_r:_^_ 238-2.89 

Beattie, Edward E_ 255 

Roon, .Tames W_,_ 319 

Rrost, .Toseph N_,_ 262 

Camphell, .lames M_ 256 

Camphell, Sam_.__2.87-2.88 

Cashman, E. R_ 215-217 

Cashman, Mrs. Fj. R___ 217-218 

C(de, A. R._ 200-201 

(’onover, Harvey R_ 253 

(’ummins, Ralph N__ 252 

Desmond, Frank_■_ 249-2.51 

Doyle, George E_ 177-181 

Durkin, .Tohn .T_ 91-105 

Eckstein, E. E_;_ 268 

Ewing, A. R_ 262 

Faust. 5Iax II_ 71-76 

George, Martin_1.58-159 

Guddart, .T-^___131-132 






















































INDEX. 


841 


Witnesses for contestant—Continued. 

Ilaun, John__ 

Hawley, Guy B_ 

Heath, E. A__ 

Hewes, Charles L_ 

Hick, George_ 

Hick, IMrs. Agnes_ 

Hocker, Durwood M_ 

Hubbard, O. P_ 

Hunt, Forest J_ 

Hunt, Walter_ 

Irvin, Charles_ 

Johnson, Hannah J_ 

Jones, J. W_ 

Kemp, J. A_ 

Kemp, Mrs. J. A_ 

Kincaid, iMrs. J. A_ 

Kincaid, Samuel S_ 

Kingsberry, Harry_ 

•Kirberger, Ernest_ 

Kruger, Emil_ 

I.abisky, Henry S,_ 

Lake James P_ 

Lambert, John A_ 

Lassen, A_ 

Lenoir, B. O_ 

T.oone.v, James B__ 

McComb, Joseph-,_ 

INIcConnell, James W_ 

'McCormick, Richard_ 

McDonald, Aialcolm (Red)_ 

McGroarty, Charles_ 

]McHie, James_ 

McNeil, J. R_ 

Mc(}uillan, Philip F_:_ 

Marshall, J. B_^_J— 

Morrissey, Edward G_ 

Mossman, Clarence W_ 

Mossman, Mrs. C. W_ 

Nash, Preston H_ 

Newman, Joseph__ 

Oliver, Charles B_ 

Olsen, Edward_ 

Olsen, Martin_ 

Olsen, IMrs. Ingev_ 

Ostergard, John_ 

Paine, A_ 

Patterson, N. AT- 

Pegues, John E___ 

Phillips, T. E_ 

Pilz, George E_ 

I’robst, John- 

Ray, Henry T- 

Raymond, Harry J- 

• Ritchie, E. E__ 

Russell, Ed. C_-_ 

Rustgard, John—- 

Schell, C. D_:_ 

Selk, Louis G- 

Shell house, Aaron- 

Sherman, E. H- 

Siemer, Henry- 

Simons, J. P--.— 

Snow, Joseph A- 

Stackpole, Harvey M -— 

Stenbnck, Herman B-- 

Stroup, Clement C- 


Page. 

_ 2()0 

_ 253 

_ 121-124 

__ 241-243 

_ 270 

_ 269-270 

_ 298-301 

_ 160-162 

_ 82-91 

_ 257 

_ 290-291 

_ 259 

_ 118-119 

261 

_ 263 

_ 120-121 

_ 119-120 

_ 286-288 

_:_ 248 

_ 268 

_ 63-64 

_ 319-320 

_ 258 

__ 264 

___ 50-56 

_ 60-62 

_ 248 

_ 320 

_ 173-177 

292-294 

_ 288-289 

_ 218-221 

_ 195-196 

_ 251 

_ 185-188 

_ 117-118 

_ 271 

_ 295 

_ 76-80 

_ 243-245 

_ 125-131 

_ 247 

_ 247 

_ 247 

_ 265 

_ 153-154 

_ 258 

_ 301-304 

_ 259 

_ 264 

_ 278-281 

_ 305-311 

_ 197-199 

213-215, 221-224, 239 

_ 162-163 

_ 182-183 

_ 132-133 

_ 257 

_ 105-112 

_ 166-167 

_ 260 

_ 240 

_ 195 

_ 113-117 

317 

_ 321 




































































842 


INDEX. 


Witnesses for contestant—Continued. 

Stuart, W. T_ 

Thomas, Isaac INI_ 

Tyer, Donald H_ 

Tyer, ]Mrs. Donald H_ 

Ulmer, Joseph_ 

Valentine, Emery - 

Van ^Nlaverii, Arthur_ 

Van Wyck, Harlan- 

Waketield, Arthur A_ 

Walter, Alvin_ 

Wescott, Howard G_ 

Wheelock, James H_ 

Wheelock, Mrs. James_ 

Whitman, H. W_ 

Wickersham, James_ 

Willard, Harry_ 

Wilson, .Tohn W_ 

Witnesses for contestee: 

Aiiick, ]Matfrey_ 

All tin, E. C_ 

Bell, J. W_ 

Berestotf, Simeon_ 

Booth, Georjje_ 

Boskosfsky, Michael- 

Buimell, Charles E_ 

Cozakas, Gust_ 

Demmert, (ieorge_ 

Deppe, (Jiarles___ 

Derinoff, Evan_ 

Dihrell, Capt. W. C_ 

Dimoiul, A. .1_ 

Donohoe, T. J_ 

Pklenshow, lUifus_ 

Evans, E, 1)_ 

Fawcett, Matt_ 

Frank, Walter_ 

Gerrie, William R_ 

Gi-igshy, George B_ 

Hannum, Mrs. Ida_ 

Haniium, W. H_ 

Hanson, Mrs. Hans_ 

Hawkesworth. Charles W_ 

Hihhs, C. E."_ 

Hudson, Louie_ 

Huston, Ha inner_, 

James, George_ 

John, Joseph_ 

.Tohnson, George_ 

Keegan, George_ 

Killeen, T. P_ 

Kunz, Seward_ 

Ijarsen, Martin_ 

Lukin, Alexander_ 

Maguire, J. H_ 

Mahoney, William T _,_ 

]Matiler, Casper H_ 

]Mather, Paul_ 

Moe, John A__ 

Nay a, Timofey_ 

Nekasoff, Paul_^_ 

Nekrasoff, Alexandria_ 

Noaks, R. H. L_ 

Olson, Sam_ 


1 *age. 

_ 289-240 

_ 145-146 

_ 205-208 

__ 208-218 

_ 146-149 

_ 164-165 

_ 155-157 

_ 64-71 

_ 142-144 

_ 276-278 

QO-I 

282-288 

_ 284-285 

_ 252 

224-237, 278-275 

_ 188-185 

_ 169-178 

_ 882 

_ 568-568 

412-418, 570-574 

_ 888 

_ 497-502 

_ 384 

_ 608-618 

_ 861-868 

_41.3-423 

_ 474-480 

_ 882 

_ 463-465 

602-604 

_ 872-877 

_ 574-575 

_ 626-680 

_ 514-516 

_ 576-588 

_ 377-378 

_ 537-547 

_ 462^63 

_ 4,58-462 

_ 360-361 

_ 437-451 

_.548-555 

_,50.5-508 

_ 599-602 

_ 581-,533 

_ 522-524 

._.508-511 

_ 529-581 

_ 620-626 

_ 894-410 

_ 880-.382 

_ 385 

_ 680-633 

_.58.3-.587 

_ 520-.522 

_.516-.519 

_ 686-648 

_ 888 

_ 886 

_ 888 

_ 868-872 

_ 480-481 


^ Copi«Hl from pp. .524 to .331 of volume containing contested-election case of .Tames 
Wickersham v. Charles A. Sulzer. 

































































INDEX 


843 


Witnesses for contestee—Continued, 

Dinkns, Artluir_ 

ItalTelson, H. U__ 

Kagan, Steve_ 

Reagan, John J_I_ 

Ridley, Ben_ 

Ridley, P]dward R_ Z _ 

Ridley, Herman_ 

Rohinsou, K. G_ 

Rucker, A. E_ 

Schafer, Henry_1__1_ 

Selhy, H. B__1‘__ 

Sharpe, W. B___ 

Sheratine, Sergay_ 

Starish, Charles_,_ 

Starish, Jiminie C_ 

Starr, James_,_ 

Starr, Joe___1_ 

Tanshwak, John__,_ 

Thorensen, Olaf__ 

Waggoner, David_ 424-437, ^ 

Walker, George P]___ 

Wallace, Jim_,___ __ 

Wickersham, Judge Janies_ 

Williams, Hark_ 

Witnesses for contestant in relmttal: 

Bakke, S. J_ 

Blix, Ringwald_ 

Boyle, F. M__ 

Claich, IVIartin_ 

Cochran, (), I>_ 

Daly, Jaihes P_ 

De Armond, R. W_ 

Emard. H. J_ 

Fox, Jimmie_ 

Ph’awley, J_ 

Gaffney, Thomas_ 

George, Wallis_ 

Gray, Charles_ 

Jackson, Gilbert_ 

Johnson, Walter H_ 

Joseph, Daniel_ 

Kraft, Otto_ 

Lenoir, Col. B. O_'_.__ 

Lomen, G. J_:_ 

Lynch, M. H_ 

^Martin, Itillie _ 

^lartin, George PFldy_ 

^Martin, Mrs. Tillie_ 

Maynard, George S_ 

Peters, Charlie_ 

Petei’S, Willie_ 

I’eterson, Ernest_ 

Spencer, Mrs. A. L_ 

Snndhack, John A_ 

Thompson, Arthur G_ 

Wickersham, James_ 

Willis, John_ 


Page. 

3 () d -367 

469-473 

392-394 

589-591 

493-497 

524-526 

526 - 527 
367-368 
592-597 
502-504 
604-608 
482-493 

387 

465^67 

468-469 

511-513 

527 - 529 
389 

410-412 
555-560 
363-365 
583-587 
560 - 563 . 
568-570 


688 - 689 
692-695 
726-727 
679-681 

675 

677 
670 
725 

655-656 

68()-688 

675-677 

666-667 

664-665 

662-664 

695-698 

659-662 

689 - 692 

684 - 685 

685 - 686 
723-724 
658-659 

665 

657—658 

678 

651 - 652 
649-650 
682-683 
719-720 

674 

728-729 

698-707 

652 - 655 


^ Copied from pp. 226 to 231 of volume containing contested-election case of .Tames 
Wickersham v. Charles A. Sulzer. 






























































844 


INDEX. 


EXHIIUTS. 

PayfO. 

Exhibits 1 and 2.—Telegnims from Henry T. Kay to James Wieker- 

sliam_ 273 

Exliil)it 3.—Telegram fi-om James Wiekersliam to Col. Lenoir- 274 

Exhibits 4 and 5.—Telegrams from Col. Lenoir to Jinlge Wiekersliam— 274 

Exhibit G.—Cojiy of communication from James Wiekersliam to Maj. 

Ilnston_ 274 

Exhibit 7.—Notice to take depositions- 275 

Exhibit 1.—Itoster of Signal Corps otficers and enlisted men in Alaska 

Hecember 31, 1918- 5G-58 

Exhibit 2.—IMemorandiim regarding the establishment, operation, and 

control of the Ruby telegraph lines at Ruby, Alaska- 58-59 

Exhibit 3.—Copy of letter to contestee and his attorney regarding the 
40-day period allotted by United States Statutes and House resolu¬ 
tion i05_ CO 

Exhibit A.—Notice of taking depositions and return of service- 81 

Exhiliit B.—I.etter from John J. Durkin to Judge Robert Jennings- 95-97 

Exhibit 0.—Executive order. No. 1555, issued by President Taft June 

19. 1912_ 112 

Exhibit D.—Executive order, No. 1920, issued by President Wilson April 

21, 1914_ 113 

Contestant’s Exhibit A.—Copy of telegram to Lieut. Col. Lewis from 

Janies AVickersham_._ 311 

Contestant’s Exhibit B.—Telegram from Lieut. Col. Lewis to Morton 

E. Stevens_ 311 

Contestant’s Exhibit C.—Copy of telegram from James Wiekersliam to 

Lieut. Col. Lewis--,_^- 312 

Contestant’s Exhibit D.—Copy of communication from James AVicker- 

shani to J. E. McLoiith_ 1 — 312 

Contestant’s Exhibit E.—Telegram from Col. Lewis to Morton E. 

Stevens_ 313 

Contestant’s Exhibit F.—Telegram from Janies AVickersham to Col. 

Lewis_.- 313 

Contestant’s Exhibit C.—Copy of telegram from James AVickersham to 

J. C. Dehn_313-314 

Conte.stant’s Exhibit II.—Copy of telegram from Janies AATckersham to 

Frank li.vons_314-315 

Contestant’s Exhibit I.—Telegram from J. C. Dehn to Alorton E. 

Stevens_ 315 

Contestant’s Exhibit J.—Copv of telegram from James AA'ickersham 

and John A. Clark to J. C. Dehn_ 315 

Contestant’s Exhibit K.—Telegram from Frank Lyons to Alorton E. 

Stevens_1_ 315 

Contestant’s Exhibit 1^.—Copy of telegram from Janies AATckersham to 

Col. Lewis_,_ 316 

Contestant’s Exhibit At.—Telegram from Col. Lewis to Alorton E. 

Stevens_ 316 

Contestant’s Exhibit N.—Copy of telegram from Henry T. Ray to 

A. J. Criflin__._ 316 

Contestant’s Exhibit O.—Copy of letter from Henrv T. Rav to 

R. F. Roth__;_!_ 316 

Contestant’s Exhibit P.—Telegram from Col. Lewis to Alorton E. 

Stevens_ 316 

Exhibit A.—Du])licate primary election register and tally book for 

A’aldez voting ])recinct, April 30, 1918_ 322-328 

Exhibit B.—Election register and tally book, Abildez Bay voting 

jirecinct_,_ 328-329 

Exhibit (1—Election register and tally book, Abildez voting precinct_ 330 

Exhibit D.—Duplicate primary register and tally book for Copper 

Center voting precinct- 333-336 

Exhibit E.—Election register and tally book. Copper Center voting 

precinct in the Chitina recording district_ 336-337 

Exhibit F.—Duplicate primary election register and tall.v book for 

Sourdough voting precinct. Copper Center recording district_ 338-339 

Exhibit C.—Election register and tally book, Sourdough voting pre¬ 
cinct, in the Chitina recording district_ 339-341 



































INDEX. 


845 

Page. 

Ex]ul)it H.—Certitic'atioii of dork of tlu‘ district court for tlie Terri¬ 
tory of Alaska, third division_ 34 I 

Exhibit T.—Notary’s suhixeiia_ 1 _ 342 

Exhibits .T and K.—Notices to take dei)ositions_ 342 

Exhibit'N.—Roster of depot Companies F and G, Signal Corps, De- 

ceinber 81, IDld, giving stations and duties_1_ 343-346 

Exhibit O.—Oflicial returns of the election of Delegate from Alaska, 

etc., held November 5, 1918_:_:___ 347-353 

Exhibit P.—fk)ntested-election case of James Wickersham v. Charles 

A. Snlzer (omitted in printing)_ 354 

Exhibit R.—Newspaper article from Valdez ]Miner, Satnrdav, iMav 

17,1919-.-_354-356 

Exhibit S.—Newspaper article from the Daily Alaska Citizen, Sat¬ 
urday, :\ray 17, 1919_ 356-357 

Exhibit T.—Certitication of the Secretary of the Territory of Alaska 

in regard to House bill ,54_ 357-358 

Exhibit U.—Writ of election to till vacancy in oflice of Delegate from 

Alaska- 359 

Contestee’s Exhibit A.—Atlidavit of Gust Cozakas_ 363 

Contestee’s Exhibit P>.—Affidavit of Frank H. Foster_ 365 

Contestant’s Exhibit 1.—xVffidavit of xV. IT, Pinkns_ 367 

Exhibit A,—Copy of original list of voters in xVfogiiak precinct, Kodiak 

recording district, November 5, 1918_.x_ 390 

Contestant’s Exhibit xV.—View from church door, xVuk Village, Juneau, 

xVlaska, September 29, 1919 (omitted in printing)_ 451 

Contestant’s Exhibit B.—Indian town, Douglas, Alaska (omitted in 

printing) _^_ 451 

Contestant's Exhibit C.—AJew center of xVuk Milage, Juneau, Alaska, 

September 29, 1919 (omitted in printing)_ 451 

Contestant’s Exhibit D.—Democratic sample ballot, first judicial di¬ 
vision _:_ 452 

Contestant’s Exhibit E,—xVn act to define and establish status of cer¬ 
tain native Indians within the Territory of Alaska_ 452 

Contestant’s Exhibit F.—Executive order. No. 1555_ 453 

Contestant’s Exhibit G.—An act to i)rovide for local self-government 

in certain native villages in the Territory of xVlaska_x._ 454 

Contestant’s Exhibit II.—xVn act to amend chapter 11 of the 1915 Ses¬ 
sion Laws of Alaska_ 4,55 

Contestee’s Exhibit No. 1.—Application blank for a certificate under 

chapter 24 of the Acts of the Legislature of the Territory of Alaska_ 455 

Contestee’s Exhibit No. 2.—Executive order. No. 1920_ 4,56 

Contestee’s Exhibit No, 3.—Copy of the New Native, Alarch 28, 1919 

(omitted in printing)_ 4,56 

Exhibit A.—xVssessment roll,, town of Ketchikan, June 1, 1918_ 587 

Exhibit A,—Election register and tally book for November, 1918^_ 598 

Exhibit B.—Registration book for November, 1918, election for Dele¬ 
gate to Congress_ 598 

Exhibits B and C to deposition of Maj. Huston_ 609-601 

Exhibits A to H to the testimony of Charles E. Bunnell_614—617 

Contestee’s Exhibit A.—Certified copy election register and certificate 
of judges of election in re election held in Unalakleet precinct, No- 

3 "ember 5, 1918- 634 

CVmtestee’s Exhibits B to U.—Pictures of Esquimos (omitterl in print¬ 
ing) - 635 

Contestant’s Exhibit A.—Democratic ,'^ample ballot, first judicial 

division - 668 

Contestant’s Exhibit No. 1.—Final order declaring the town of Sitka, 

xVlaska, a municipal corporation of the second class_ 671 

Contestant’s Exhibit No. 2.—Order appointing judges for election, No¬ 
vember 5, 1918- 672 

Contestant’s Exhibit No. 3.—Certification of clerk of city of Sitka, 

Alaska, as to election of trustees of said town- 672 

Contestant’s Exhibit No. 4,—Order and notice of election to be held on 

November 5, 1918- 672 

Contestant’s PAhibit xV.—Affidavit of Plorace R. Morgan- 707 

Contestant’s P^xhibit B.—Communication of L. T, P]rwin to R. Blix_ 707 







































846 


INDEX. 


Contestant’s Exhibit C.—Cominnnication from K. P>lix to (’harles A. 

Siilzer ___ 

Contestant’s Exhibit D-l.—Telegram from Woodrow Wilson to 

Charles E. liiinnell_ 

Contestant’s Exhibit L)-2.—Commimieation from L. T. Erwin to 

K. Blix_' 

Contestant’s Exhibit E.—Copy of the I'rogressive-Democratic plat¬ 
form and resolutions of July 30, 1014_J_ 

Contestant’s Exhibit F.—Telegrams from Theodore Itoosevelt and 

.Joseph M. Dixon to James Wickersham_ 

Contestant’s Exhibit G.—Address to the people of Alaska_ 

Contestant’s Exhibit H.—Copy of document issued by Democratic 

I’arty in 1016___ 

Contestant’s Exhibit A.—Stipulation_ 

Contestant’s Exhibit B.—Otticial map of the town of Anchorage 

(omitted in printing)_ 


Page. 

708 

708 

708 

709- 710 

710- 711 

711- 717 

717-710 

727 

730 


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